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#18-7488 (Ajax Paving Industries of Florida, LLC) FIXED TERM SERVICE MULTI-CONTRACTOR AWARD AGREEMENT # 18-7488 for Asphalt Maintenance & Related Roadway Services THIS AGREEMENT, made and entered into on this alh.` ` day of ��y ry 20 , by and between Ajax Paving Industries of Florida, LLC authorized to do business in the State of Florida, whose business address is One Ajax Drive, North Venice, Florida 34275 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ■ upon the date of Board approval I on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. 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 and 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 prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a ❑■ Purchase Order ❑ . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of Request for Proposal (RFP) ■ Invitation to Bid (ITB) Other ( ) # 18-7488 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. jU The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 3.2 I.1 The procedure for obtaining Work under this Agreement is outlined in Exhibit A— Scope of Services attached hereto. 4 The procedure for obtaining Work under this Agreement is outlined in I I Other Exhibit/Attachment: 11 .-. -e-•_. -._.-.., -..__...- •.-- . e- . "-e-- ,.. • - •- - •- --.. •}' 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4.1 Price Methodology (as selected below): is authorized. • Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. • Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). Page 2 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) `t�0 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six (6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. 4-4 • ._. ,_ .. . _ ._s - .. . . . . . . _ - Travel and Reimbursable Expenses must be approved in advance in writing by the County. Travel expenses shall be reimbursed as per Section 112.061 Fla. Stats. Reimbursements shall be at the following rates: 3reakfast $6,00 $1'1.00 Dinner $3-'4 :19 Ai-Flare e ... _. e .. e s e RaRtal-aar Actual rental cost limited to compact or Lamin . Parking Actual cost of parking Taxi or Airport Limousine responsible for all other costs and expenses associated with activities and solicitations undertaken pursuant to this Agreement. 5. SALES TAX. 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. 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. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Page 3 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CAO Company Name: Ajax Paving Industries of Florida, LLC. Address: One Ajax Drive North Venice, Florida 34275 Authorized Agent: Dave Reid, GM Business Dev. Attention Name & Title: Dave Reid, GM Business Dev. Telephone: (941) 486-3600 E-Mail(s): Dsardella c(,ajaxpavinq.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Board of County Commissioners for Collier County, Florida Division Director: Frank Laco- Interim Director Division Name: GMD-Road Maintenance Division Address: 4800 Davis Boulevard Naples, Florida 34104 Administrative Agent/PM: Melissa Pearson, Contract Administration Specialist Telephone: (239) 252-5591 E-Mail(s): Melissa.Pearsonccolliercountyfl.gov 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 Agreement must be in writing. 7. 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. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. Page 4 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 9. 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 Agreement 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. 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per 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 the sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. • Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 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. Page 5 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) . ' e - --- e . ,,.,, .; .. .-e a �- •� _ . -• €-�]Ober Liabilityj Coverage shall have minimum limits of$ per claim. : Coverage shall have minimum limits of $ par claim. Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, 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, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, 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. Page 6 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CA'.) 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County 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 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the GMD-Road Maintenance Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16. COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), U Exhibit A Scope of Services, Exhibit B Fee Schedule, ❑ RFP/ n ITB/17 Othcr #18-7488 , including Exhibits, Attachments and Addenda/Addendum, LJ subsequent quotes, and Al Other Exhibit/Attachment: Performance and Payment Bonds 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. 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. 19. 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 Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as Page 7 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; 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)-(b) as stated as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. 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. Page 8 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 0 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County'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 completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (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, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. t111 CLEAN UP. Contractor agrees to keep the Project 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 Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. 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. 25. WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the Page 9 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County 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 the County. 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 the County is entitled as a matter of law. 26. [ 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 County 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 County. 27. * 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 the County or County'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 to 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 County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County 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 estimate of any cost or time increases or savings it Page 10 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) 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 the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. 30. 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. 31. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. 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. 33. 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. 34. — KEY PERSONNEL. The Contractor's personnel and management to be utilized for seven (7)days of the change. The County retains final approval of proposed replacement personnel. Page 11 ofl7 Fixed Term Service Multi-Contractor Agreement 2017 008(Ver.l) n AGREEMENT STAFFING. The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. 35. n ORDER OF PRECEDENCE. In the event of any conflict between or among the terms of any of the Contract Documents, the terms of solicitation the Contractor's Proposal, and/or the County's Board approved Executive Summary, the Contract Documents shall take precedence. ORDER-OF _ I _ - • : e . •- - . _• • - . _-• - oke--••-• ••• •- - • _ -.. _ —e-_ '_• - the Agreement, the conflict shall be resolvcd by imposing the more strict or costly -e '- .e. - ._ -• es- _ -- - - --- - - - .e-. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. 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 the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division 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. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier Page 12 of 17 Fixed Term Service Multi-Contractor Agreement 2017 008(Ver.1) County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. 38. ❑■ 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 division/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 refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Page 13 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) { IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS COLLIER COU ' ill'IDA Crystal K. Kinsel, Clerk of Courts : Com)tr11 /y " � ", By. W. cDaniel, I _�.> �- 4 �� , Ch rman `"(SEAL) ri , ,.Y Dated`. r I'. A r � Ajax Paving Industries of Florida, LLC Cont3tiesses: Contractor signature only., / / / DBA ,,,141111,,,, O .�//i :i/iii. „ BY 1,4 , I Contractor's First Witness Signature E Q SEAL a 0 Christie Alvaro, Ass o. CoRPt $Sed' , Jamie L. Simmons fType/print signature and titlet TType/print witness nam-T ,',,1.•'------- i altsateoft T Contractor's S con itness Megan Krouse TType/print witness nameT A• "oved to F d gality: a ,,My Count Attorney Print Name Page 14 of 17 Fixed Terni Service Multi-Contractor Agreement 2017.008{Ver.l Exhibit A Scope of Services Iii following this page (pages 1 through 11 ) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) CAC) #18-7488 Asphalt Maintenance & Related Roadway Services WORK DISTRIBUTION PROCESS The Primary Contractor must be used for this award. If the Primary Contractor cannot provide the requested services within the timeframe and/or requirements specified by the County, then the Secondary Contractor will be contacted. Any project valued at $200,000 or greater requires Contractor to submit public payment and performance bonds. 0 ITB#18-7488"Asphalt Maintenance& Related Roadway,Services" EXHIBIT A SCOPE OF SERVICES 1.Scope of Services The Division Representative(s) will schedule work on an as-needed basis at various times and locations throughout the County. The work performed under this Contract includes, but is not limited to milling, resurfacing, limerock road conversions, pot holes and spot repairs, grading, overlays, tack coat placement with plant mix asphaltic concrete compacted to the meet the new and existing grades,and all other services related with repair and maintenance of roadways in Collier County right-of-way and County owned or managed properties. a. The Division Representative shall request work on an as-needed basis. b. Any project valued at$200,000 or greater requires the Contractor to submit public performance and payment bonds. c. Glossary: Florida Department of Transportation, Standard Specifications for Roadway and Bridge Construction, latest edition referred to as FDOT specifications; Maintenance of Traffic referred to as MOT; Bid Schedule Unit of Measures shall be referred to as follows: Ton=Ton;Lump Sum=LS; Each=EA; Cubic Yard=CY;Square Feet= SF; Square Yard= SQ YD;Gallon= GAL; Hourly Rate=HR; Mile=Mile; and Linear Foot/Feet= LF. 2.Specifications These specifications are intended to provide information so Contractors understand the requirements of the Road Maintenance Division and other County divisions.Collier County expects the successful Contractor(s)to comply with all terms of this bid fully. Contractors shall perform services at their bid prices;refusal to perform any services at bid prices may be subject to Contract termination. The bid tabulation unit prices for services are inclusive of the Contractor providing labor, supervision, equipment, tools, materials,mobilization,Maintenance of Traffic(MOT),and incidentals for performing the work. Florida Department of Transportation (FDOT) "Standard Specifications for Roadway and Bridge Construction," latest edition (known as "FDOT specifications") The items listed in these specifications shall meet or exceed FDOT specifications for services and materials unless otherwise directed by the Division Representative. 2.1. Work Specifications Roadway maintenance work may consist of the following,but not limited to: 2.1.1. Milling The work consists of removing existing asphaltic concrete pavement by milling to improve the rideability of the finished pavements, to lower the finished grade adjacent to existing curb before resurfacing, or to completely remove existing pavement and incorporate the milled material into the lime rock base. The Contractor shall be held responsible for site conditions during and following milling operations. The work performed under these specifications shall be in accordance with FDOT standard specifications for construction. The unit measure for milling is by square yards, and the unit prices include labor, equipment, materials, mobilization,and MOT. Listed below are the quantity categories. a. Projects up to 250 square yards b. Projects from 251 square yards through 1,000 square yards c. Projects from 1,001 square yards through 5,000 square yards d. Projects from 5,001 square yards through 15,000 square yards e. Projects from 15,001 square yards through 25,000 square yards f. Projects from 25,001 square yards and above 2.1.1.1. Milling existing asphalt pavement: 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 Division Representative will Page 1 of 10 CAO determine the depth of the milling for the project, which may require the contractor to obtain bore samples randomly as directed by the Division Representative,at no additional cost to the County. a. When milling to remove a layer of asphalt material, remove the existing pavement 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. b. Remove the existing raised reflective pavement markers before milling;removal costs are inclusive in the milling unit price. 2.1.1.2. Milling and incorporating asphalt material with limerock base: When milling to incorporate the asphalt material with the lime rock base,an average depth of cut shall be approximately three(3)inches to five (5)inches(example: one(1)inch of surface treatment and two(2)inches to four(4)inches of lime rock base, both milled and mixed). 2.1.1.3. Bump Milling: This may require large or small machine milling to create a smooth transition with existing asphalt or other surrounding structures for the smooth transition from existing to newly placed asphalt when only overlay is being done. a. The use of a small machine for bump milling is at the discretion of the Division Representative; however, depending upon the area, the Division Representative must request a large milling machine to produce smooth transitions of the finished product. b. Bump milling is not a separate pay line item, and it shall be considered part of the per ton pay item of asphalt by the ton. 2.1.1.4. Milled Surface Longitudinal Profile: 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 that will restore the pavement surface to a uniform cross section and longitudinal profile. The Contractor shall remove existing raised reflective pavement markers before milling. The cost of removing existing pavement markers is included in the unit price for milling. 2.1.1.4.1.The longitudinal profile of a 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 Division's plans may waive this requirement for an 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 the depth of cut. 2.1.1.5. Milled Surface Pattern Striations: If there is traffic on milled surfaces before placing the new asphalt concrete, the pattern of striations must create an adequate riding surface, and the Division Representative may control the traveling speed of the milling machine for a texture that will produce an acceptable riding surface. 2.1.1.6. Milling Clean-Up: The Contractor's crews shall remove excess materials to minimize dust before opening the area to traffic to minimize traffic hazards and air pollution as follows. a. Contractor's crews shall thoroughly sweep the pavement immediately after milling with a power broom,or similar approved equipment,to prevent infiltration of milled materials in the stormwater sewer systems, adjacent municipal curbs and gutters, or closed drainage systems. The Division Representative may waive this task depending upon site conditions. b. The Contractor must remove excess milled materials from gutters and use caution to protect the curb from damage and to prevent material from being swept into the inlet openings or inlet grates. c. The equipment and methods used for sweeping gutters require approval by the Division Representative at the beginning of the project,and the Division Representative has the authority to revise the excess material removal method. d. If the Contractor fails to prevent milled materials from entering into the stormwater structures or systems, the Contractor is required to have the structure or system cleaned at ninety-nine percent Page 2 of 10 (99%), at their expense,and at no additional costs to the County. 2.1.1.7. Milled Surfaces: The Contractor shall mill surfaces with a uniform texture: a. Within one-quarter(1/4)inch of a true profile grade,and no deviation that is more than one-quarter (1/4) inch from a straightedge applied to the pavement perpendicular to the centerline. b. The variation of the longitudinal joint between multiple cut areas must not exceed one-quarter(1/4) inch. c. The Division Representative may accept areas varying from the true surface that is more than the above the stated tolerances without correction if they determined it was caused by pre-existing conditions,which could not be reasonably corrected by the milling operations. d. The Contractor shall correct unsuitable textures or profiles, as determined by the Division Representative,at no additional cost to the County. e. The Division Representative may require re-milling areas where surface laminations caused a non- uniform texture to occur, at no additional cost to the County. 2.1.1.8. Milling exceeding asphalt layer and road base: If millings include a depth exceeding the asphalt layer and the road base, the Division Representative will direct the Contractor to prime and seal the area before opening lanes to traffic.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. 2.1.1.9. Milling Material Disposal/Retainage: The Division Representative may request that the Contractor retain milling materials from any project performed under this contract. The contractor will transport the retained millings to a location holding area specified by the Division Representative that is within Collier County, and the same day as requested, at no additional cost to the County. Otherwise, the contractor must load, haul, and dispose, or retain milling materials in accordance with all laws, regulations,and ordinances. 2.1.1.10.Milling Equipment:The milling equipment must be in optimal running condition,and it must have the ability to maintain a depth of cut cross slope to achieve the results stated in the specifications. a. The equipment shall have an out-to-out measurement with an overall minimum length of eighteen feet(18')excluding the conveyor. The equipment's minimum cutting width shall be six feet(6'). b. The milling machine must have a built-in automatic grade control system that can control the transverse slope and the longitudinal profile to produce the stated results. c. Any commercially manufactured milling machine meeting the above requirements will be approved to start the project. d. If it becomes evident after milling has started that the milling machine cannot consistently produce the specified results,the milling machine may be rejected for further use. e. Milling to a lower grade adjacent to an existing curb, or other areas where it is impractical to use the equipment described above,the use of a smaller milling machine may be permitted. f. The milling machine must limit the amount of dust escaping during the removal operation. If the milling equipment creates a lot of dust,the division may require that the Contractor pre-wet the pavement. g. For complete pavement removal, the use of alternate removal and crushing equipment may be necessary,and it requires pre-approval from the Division Representative. 2.1.2. Asphalt Installations The asphalt concrete materials installed under this Contract shall conform to FDOT specifications including the plant and methods of operation for preparing plant mixed hot bituminous mixtures of asphaltic concrete, and the requirements for the equipment being used and the placement. The application of asphaltic concrete surface course to existing wearing surfaces is as follows. a. Fill in asphalt cracks/holes deficiencies before placing asphalt. Page 3 of 10 AO b. Depending upon the project,the asphalt will typically range from one-half inch(1/2")to three-inch(3") courses. c. A leveling course may require several courses before developing the surface course. Payment for each course is at a unit price per ton. d. The work includes grading back pavement edge, sweeping the surface (directed by the Division Representative), applying tack coat, supply asphalt hot mix, laying the hot mix in place, rolling the asphalt surface with both a steel wheel compactor and a rubber-tire roller for a smooth defect-free surface. e. Clean completed areas and ensure they are free of all debris and materials. f. County staff will inspect finished work for accuracy and completeness before offering final acceptance. 2.1.2.1. Asphalt Unit Price The unit price bid shall include labor,equipment,materials,mobilization,MOT,and bump milling. The unit of measure for resurfacing, asphalt overlays, and asphalt over the prepared base projects is by the ton. a. Small Projects and Spot Repairs =up to 200 tons b. Medium Jobs =201 tons through 400 tons c. Large Jobs=401 tons and above 2.1.2.2. Asphalt Project Class Types I. Class I—Resurfacing projects The unit prices shall include grading back the pavement edge,milling the existing surface when required (an additional line item 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. II. Class II -Asphalt surfaces over prepared bases Each roadway that has been primed and sanded/lean mixed, the unit prices shall include sweeping the surface as directed by the Division Representative,providing the hot asphalt mix, laying the asphalt in place, rolling the asphalt surface with both a steel wheel compactor and a rubber-tire roller leaving a smooth defect-free surface. III. Class III, Asphalt surface installations on other surfaces other than roadways (i.e., bike paths, sidewalks,parking lots,alleyways,paved ditches,etc.). The unit 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,tacking the existing surface,providing the asphalt hot mix, laying the asphalt in place, rolling the asphalt surface with both a steel wheel compactor, and a rubber-tire roller leaving a smooth defect-free surface. 2.1.3.Priming(Prime Application to a Prepared Base) The bidder shall input their unit price to prime an area after the base material has been prepared to protect the surface before the asphalt is laid in place. All work shall conform to FDOT specifications, or unless otherwise directed by the Division Representative.The unit price shall include labor, equipment,materials, mobilization, MOT, and any incidentals to complete the work. This item may be used for the application of other surface treatments as requested by the division. The pay item unit of measure is square yards, and the project quantities are listed below. a. Spot Repairs& Small Jobs=up to 3,200 sq. yds. b. Medium Jobs =3,201 sq. yds.through 6,400 sq. yds. c. Large Jobs=6,401 sq.yds. and above. Page 4 of 10 2.1.4. Other Asphalt Related Items — County to pick up materials within the borders of Collier County The County reserves the right to purchase liquid asphalt such as RC-70 or other liquid emulsified asphalt products from any bidder to which "Cold Mix at Plant" and"Hot Mix at Plant" is awarded. Such purchases shall be at the 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 the 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. Unit of measure for Liquid asphalt items is by the gallon. 2.1.5.Swale Rework This additional service line item may be requested following roadway widening. The work consists of re- grading and stabilizing the swale with grass seed or sod,as requested by the Division Representative. 2.1.6. Spot Repairs Work request for non-emergency spot repairs will be paid at the unit price without adjustment for asphalt price index changes. 2.1.7. Emergency Spot Repairs In addition to regular spot repair requests, the County may need to respond and perform emergency spot repairs. In addition to the spot repair unit price, an additional per each unit price will be paid at the level of priority in which the repairs were completed. The additional cost is to compensate the Contractor for prioritizing the work and completing the project within the priority time parameter. Priority levels are one (1) through (3) and they are defined below. Contractors are required to respond to emergency spot repair requests. If the Contractor fails to respond to emergency spot repair requests,their Contract may be subject to termination. a. Emergency spot repairs are paid in addition to the unit price for the spot repair. The additional priority repair fee for the emergency spot repair is for the Contractor to mobilize equipment quickly and perform the emergency repair. b. In the event the contractor does not respond by the priority requested timeframes,no additional charge will be paid for by the County,other than the bid unit price for the repair. 2.1.7.1. Priority Repairs: Priority repairs are listed in three(3)categories below. 1. Priority 1 Repairs: requires the contractor to respond on-site within two(2)hours to evaluate the work, then schedule labor and mobilization of equipment, and perform the work within twelve(12)hours. 2. Priority 2 Repairs: requires the contractor to respond on-site within twenty-four(24) hours to evaluate the work, then schedule labor and mobilization of equipment, and perform the work within Forty-eight(48)hours. 3. Priority 3 Repairs: requires the contractor to respond on-site within forty-eight (48) hours to evaluate the work, then schedule labor and mobilization of equipment, and perform the work within seventy-two(72)hours. 2.1.8.Materials Markup Percentage The Contractor must input a markup percentage for non-bid line items which does not exceed fifteen percent (15%) markup. Percentage amount is not factored into the award. However,the bid may not be awarded to contractors if omitted or exceeds the allowable limit. Reimbursement for non-bid line items purchases shall require the contractor to submit receipts showing the cost of goods to verify markup cost;no markup for shipping charges. Failure to provide receipts backup may result in invoice rejection. 2.1.9.Additional Services Incidental Labor The hourly labor may be requested for projects such as paver crosswalks and protection,replacing worn pavers, Page 5 of 10 timbers,retaining blocks along pathways,or other work while performing roadway paving maintenance. 2.1.10. Paver Protection: Sand or Board To prevent damage to pavers (brick, decorative, stencils, etc.) installed on roadways (crosswalks, entrances, driveways,etc.),the Contractor shall provide protection when requested by the Division Representative. The protection's purpose is to prevent damage to the pavers by distributing the weight. This will provide a buffer between the pavers and heavy equipment/machinery when traveling over them. Any damage to pavers is the sole responsibility of the Contractor to repair the damages. The two(2) types of protection are sand or boards. 1) Boards —The unit of measure is square feet, and the unit price is inclusive of Contractor purchasing and delivering the board protection to the job-site,installing,and removing. 2) Sand —A minimum layer of two-inches (2") of sand. The unit of measure is by cubic yard, and the unit price is inclusive of Contractor purchasing and delivering the sand, installing, removing and sweeping sand from job-site. 3. General Information 3.1. Meetings Following the contract award by the Board of County Commissioners,the Road Maintenance Division,Contract Administration Specialist will schedule a Contract Kick-Off meeting with Division staff and Contractor's key personnel assigned to the Contract to review the contract documents and a clear understanding of the work required by the Division. a. Throughout the contract term, either party may request meetings for pre-construction,contract performance,or other items as it relates to the Contract. The Contractor and Division staff are required to attend a meeting at no additional cost to the County. b. The Contractor's key personnel assigned to the Contract shall be qualified and authorized to act on behalf of the Contractor it represents; attendance is required. If they are unavailable to attend scheduled meetings,they may request a meeting extension, if practicable for the project, or assign another employee to act on their behalf, which has the same qualifications and authorization. 3.2. Public Performance and Payment Bonds Any project valued at$200,000 or greater requires public performance and payment bonds in the full amount of the project costs. a. The Contractor shall provide the Division with certified public payment and performance bonds in the amount of the project costs, at no additional costs to the County. b. The Contractor shall file the bonds with the Clerk of Courts, Records& Minutes Department,before the commencement of sery ices. The recording fees are the responsibility of the Contractor. c. The bonds must have the following information included: a. Project Costs;b.Contract Number;c. Project Title; d. Departmental Work Order Number(if applicable); and e. Purchase Order Number. d. Following filing the bonds with the Clerk, the Contractor shall email copies of the bonds to the Division's Contract Administration Specialist and Representative showing evidence of recorded bonds. 3.3. Bituminous Price Adiustments Bituminous adjustments will apply under this Contract. Bituminous adjustments will apply under this Contract. A primary cost factor of this bid is based on the price of petroleum, and the conditions in this market are highly unstable and beyond the control of the bidder. Therefore,the prices bid for asphalt may be adjusted each month based on the increase or decrease cost of liquid asphalt. This adjustment will be determined by the FDOT Asphalt Price Index. The adjustment will be in accordance with FDOT Specifications for Road and Bridge Construction, latest edition,section 9-2.1.2 ($Adjustment=(Index Difference)(Gallons)). The adjustments are based upon liquid asphalt content at 6.25%per ton of asphalt which is equal to 125 pounds. Assuming liquid asphalt weighs 8.58 pounds per gallon which equals 14.57 gallons of liquid asphalt per ton of asphalt. That number(14.57) is multiplied Page 6 of 10 C by the FDOT asphalt Price Index difference.That number will then be added or subtracted to the original bid price to make the adjusted asphalt price for that month. Each increase or decrease shall be sent to the Division Representative in Road Maintenance showing the price changes and substantiating the change with a copy of the current month's FDOT Asphalt Price Index(API). 3.4. Work Schedules Work schedules may be for numerous tasks or projects at various times and locations as needed by County divisions. The Division shall determine the sequence of work taking into consideration scheduling each project or task for minimal disturbance and impact to pedestrian and vehicular traffic as possible. a. Before the commencement of on any project or task,the Contractor shall meet or discuss with the Division Representative and Inspector to develop a detailed work schedule within two(2)business days from the Division Representative's request. b. The Contractor shall coordinate the sequence of work, so the schedule progresses ensuring timely performance of the work and project completion within the specified timeline. c. The work schedules must provide a project name,location,dates and times,and Contractor's key personnel for the project with contact information. 3.5. Contractor Key Personnel The contractor must provide key personnel,and an assign a Project Manager, Supervisor,and Crew Leader. Provide contact information to Division at the contract kick-off meeting. It must include emails,business, and cell phone numbers. 3.6. Contractor's Employees The Contractor shall have sufficient crews to perform services for multiple divisions throughout the County under this contract. The employees shall be fully trained and qualified to perform services,know how to safely operate equipment and vehicles, use extreme caution while working in County right-of-way, and be able to communicate and coordinate effectively with County staff and other County Contractors that may be working in conjunction on the same project. The Contractor shall give constant attention necessary to ensure the scheduled progress is on-time and there is full cooperation with the Division and with other Contractors working in the vicinity. 3.6.1.Contractor Superintendent Contractor's Superintendent must have a superintendent at the site always while work is in progress to act as the Contractor's representative with full authority to make decisions.They shall possess the following: a. Interpret the Contract documents. b. Qualified and experienced in the work being performed. c. Full authority to receive instructions from the division and supply materials, tools, equipment, labor, and incidentals that may be required. d. Speak and understands English and maintains at least one(1)another responsible person who speaks and understands English,on the project during all working hours. 3.6.2.Worksite Traffic Supervisor Provide a Worksite Traffic Supervisor who is responsible for initiating,installing,and maintaining all traffic control devices. They shall possess the following: a. 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 approved equal. Use approved alternate Worksite Traffic Supervisors when necessary. b. 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. c. Access to all equipment and materials needed to maintain traffic control and handle traffic related situations. d. Immediately corrects all safety deficiencies, and not allow minor deficiencies that are not immediate safety hazards to remain uncorrected for more that twenty-four(24)hours. e. Present to direct the initial setup of the traffic control plan and any changes. Page 7 of 10 C f. Available on the site within forty-five(45) minutes after notification of an emergency 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 before starting and continuing the work. 3.7. Contractor Quality Control& Testing The Contractor shall oversee the control of the materials and work ensuring they are conforming to FDOT specifications,or as directed by the Division Representative. The Contractor shall contract with an FDOT approved testing facility to perform quality control testing of materials and workmanship as requested by the Division Representative,at the Contractor's expense. 3.8. Maintenance of Traffic(MOT) MOT Intermediate Level Certification is a requirement for services in the public right-of-way. The Contractor shall have MOT devices for adequate traffic control,and depending on the project's roadway, it may include: signage, arrow boards,message boards,warning devices,barriers, and flagmen. a. MOT is required for the safety and protection of Contractor's employees and traveling motorists during the performance of services in the ROW. b. It is the Contractor's sole responsibility for safety in the work zone. c. The Contractor shall conform to the latest edition of the FDOT, Design Standards, 600 series and The Manual on Uniform Traffic Control Devices(MUTCD). d. Contractor or sub-contractor will be required to have current FDOT approved MOT Intermediate Level Certification for FDOT, Design Standards,600 series. e. Contractor's employees that are responsible for the setup and maintenance of the traffic control plan shall possess FDOT approved certification in their name, and they must be readily available within thirty(30)minutes of initial contact,to be on-site to discuss work zone safety issues. 3.9. Lane Closure No lane closures are permitted between the hours of 7:00 AM to 9:00 AM and 3:30 PM to 6:30 PM on weekdays. Lane closures require Maintenance of Traffic(MOT)with the proper placement of lane closed signs,pre-warning signs, arrow boards,traffic cones,etc. a. It is mandatory that the Contractor notifies Growth Management Department, Customer Service Specialist and staff on Wednesday before lane closure(s), so it can be announced in Collier County's public Road Alert Notification system. b. Notification is completed by filling out the ROAD ALERT form and submitting it by e-mail or fax. The form is self-explanatory;please fill out in its entirety. If you e-mail the form,please send to all e-mails listed on the form: growthmanagement(ccolliergov.net and Connie Deane connie.deane@colliercountyfl.gov,or by fax: 239-252- 2726. c. If you have any ROAD ALERT questions,please call 239-252-8192 or 239-252-8365. 3.10.Dama2es Carelessness by the Contractor resulting in damage to turf, curbs, sidewalks,pavement or structures,mailboxes, appurtenances,etc. shall be repaired or replaced by the Contractor to the satisfaction of the Division at no additional cost to the Division. The contractor's negligence while providing services and causing damages shall be repaired or replaced at the contractor's expense within seventy-two(72) hours. 3.11. Accident Reporting The Contractor is responsible for reporting to County staff, accidents or thefts while working on projects,and they must comply with assistance requests from law enforcement,emergency personnel,or other County entities. 3.12. Notice to Begin Work(NTBW)—May not apply to other divisions The issuance of a Notice to Begin Work,or an email from the Landscape Division Representative(only in the absence of the Contract Administration Specialist),is a requirement for work to commence. Page 8 of 10 a. The notification shall have a commencement and completion date. b. No work shall commence without an NTBW or an email authorization from the Division Representative. 3.13.Defective Workmanship Corrections The cost of correcting work shall be at the Contractor's expense. 3.14.Work Delays/Time Extensions The Contractor must notify the Division immediately of any delays via phone call, and they must follow-up with an email the next business day with a written summary. Inclement weather,Acts of Force Majeure, or unforeseen circumstances at no fault of the contractor/subcontractor causing work delays that may result in exceeding completion date timelines assigned by Division. One(1) example of an inexcusable delay is the contractor not having sufficient equipment to complete services. a. Contractor/subcontractor shall immediately notify the Division Representative of any work delays, and within twenty-four(24)hours they must follow-up in writing via email with an explanation of the delay to request a time extension. b. Division Supervisor will review the request to determine if the delay is at no fault of the contractor/ subcontractor. c. Granting of time extensions requires a revision to the Notice to Begin Work or an email from the Landscape Division Representative(only in the absence of the Contract Administration Specialist). 3.15. Inspections and Acceptance The division Inspector shall inspect services of completed work for the quality and completeness of the work that is within the authorized timelines. The inspections are per the specifications and the work requested. Any area determined to be unsatisfactory or deemed as unacceptable per the specifications requires the Contractor to correct the defeciencies at no additional cost to the County. Carelessness by the Contractor resulting in damage to turf, curbs, sidewalks,pavement or structures,mailboxes, appurtenances,etc. shall be repaired or replaced by the Contractor to the satisfaction of the Division at no additional cost to the Division. Rejection of invoices may occur for work that is incomplete; partial work completed within a work site area shall be considered incomplete. 3.16. Night Work There is no additional compensation for nighttime work. During active nighttime operations, furnish,place and maintain lighting sufficient to permit proper workmanship and inspection. a. Use lighting with five ft•cd [54 lx] minimum intensity. Arrange the lighting to prevent interference with traffic or produce undue glare to property owners. b. Operate such lighting only during active nighttime construction activities. c. Provide a light meter to demonstrate that the minimum light intensity is being maintained. d. Use of portable floodlights, standard equipment lights,existing streetlights,temporary streetlights,or other lighting methods approved by the division. e. Submit a lighting plan before services commence. The plan must be on standard size plan sheets. f. Do not start night work before the division approves the lighting plan. g. During active nighttime operations, furnish, place and maintain variable message signs to alert approaching motorists of lighted construction zones ahead. h. Operate the variable message signs only during active construction activities. i. All vehicles used on the project shall be equipped with either amber flashing lights or flashing white lights. j. Equip all other equipment with a minimum of 4 ft2 of reflective sheeting or flashing lights. k. 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. 1. Comply with all applicable regulations governing noise abatement. m. ATSSA Certified Worksite Supervisor on site during all nighttime operations to ensure proper Maintenance of Traffic. Page 9 of 10 3.17.Law Enforcement Services The division 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 fully equipped with emergency lighting. The Division must approve utilizing these services. 3.18. Underground Utility Notification The Contractor shall contact Sunshine 811 at 811 or 800-432-4770 before digging. Sunshine 811 requires two(2) full business days' notice. If the Contractor damages utilities,it is at their expense, and at no cost to the County. 3.19. Safety Requirements The division may inspect the Contractor equipment before contract commencement and may inspect throughout the Contract term to ensure safety devices are intact and it is in good working conditions. a. If the Division Safety Coordinator finds any equipment to be inadequate of safety devices or it is not in proper working condition and may cause safety issues,then the Contractor shall immediately remove the equipment from service until the deficiency are corrected to the satisfaction of the Division Safety Coordinator. b. Contractor shall have replacement equipment, so the Contract performance is not delayed. Delayed performance from equipment being out-of-service shall result in deductions for non-performance if timelines are surpassed. c. Contractor employees and sub-contractor's employees' safety equipment shall be required to be in accordance with current Florida DOT design standards, index 600 when working within County Right-of-Ways. 3.20.Performance Standards The Contractor shall perform to the standards in this solicitation and subsequent Contract documents. The Contractor agrees to warrant their work and professionally perform services. If Contractor fails to perform in accordance to the Scope of Work/Specifications, including subsequent Contract Documents,the Division has the sole discretion to deem such failure as sufficient cause for default which may result in Contract termination. 3.20.1.Failure to Perform Contractor refuses to begin work, improperly perform work,unnecessarily delays work, neglects or refuses to correct work that was reje cted or is defective.Division Representative may notify the Contractor to repair and replace work immediately,and if the Contractor refuses to correct the work, the Division may request that all work discontinues under this Contract. 3.20.2. Non-Performance Penalty Failure to complete a project within the Notice to Begin Work(NTBW)timeframe may result in a penalty assessment of four-hundred fifty dollars($450.00)per day for each day of non-compliance or ten percent (10%) percent penalty of the total project cost;the penalty shall be whichever is greater. The Division Director may reduce or waive the penalty amount assessed under this contract. 3.21. Compensation Invoice submission for payment approval must be accurate and complete with details of services performed or commodities purchased. a. The division will approve payment for completed work that is accepted as satisfactory by the Division; invoices will be rejected for incomplete work or defective materials. b. Non-bid line item purchases having a markup percentage must have receipts submitted for costs verification. c. Invoice rejection will occur if they are not accurate and without backup documentation submission, if applicable. d. At a minimum, invoices shall include: Division Name,Contract Number, Purchase Order Number, Work Order Number(if applicable),Details of Services Performed or Commodities Purchased,and if there are Non-Bid Line Items,the contractor's cost for each item and the bid percentage markup. Page 10 of 10 Exhibit B Fee Schedule following this page (pages 1 through 5 ) Page 16 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.l) t ITB# 18-7488 "Asphalt Maintenance & Related Roadway Services" BID SCHEDULE Ajax Paving Industries of Florida, LLC (SECONDARY CONTRACTOR) CLASS I ASPHALT (Unit price includes Maintenance of Traffic,mobilization/demobilization,labor,materials,equipment,disposal,and all other incidentals to complete the work) SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM Unit Price 1 SP 9.5/HOT MIX INSTALLED 1 -10 TON $ 250.00 2 SP 9.5/HOT MIX INSTALLED 11 -20 TON $ 240.00 3 SP 9.5/HOT MIX INSTALLED 21 -44 TON $ 230.00 4 SP 9.5/HOT MIX INSTALLED 45-66 TON $ 220.00 5 SP 9.5/HOT MIX INSTALLED 67-88 TON $ 210.00 6 SP 9.5/HOT MIX INSTALLED 89-200 TON $ 200.00 7 SP 12.5/HOT MIX INSTALLED 1 -10 TON $ 250.00 8 SP 12.5/HOT MIX INSTALLED 11 -20 TON $ 240.00 9 SP 12.5/HOT MIX INSTALLED 21 -44 TON $ 230.00 10 SP 12.5/HOT MIX INSTALLED 45-66 TON $ 220.00 11 SP 12.5/HOT MIX INSTALLED 67-88 TON $ 210.00 12 SP 12.5/HOT MIX INSTALLED 89-200 TON $ 200.00 13 FC 5/HOT MIX INSTALLED 1 -10 TON $ 118.00 14 FC 5/HOT MIX INSTALLED 11 -20 TON $ 118.00 15 FC 5/HOT MIX INSTALLED 21 -44 TON $ 118.00 16 FC 5/HOT MIX INSTALLED 45-66 TON $ 118.00 17 FC 5/HOT MIX INSTALLED 67-88 TON $ 118.00 18 FC 5/HOT MIX INSTALLED 89-200 TON $ 118.00 19 FC 9.5/HOT MIX INSTALLED 1 -10 TON $ 250.00 20 FC 9.5/HOT MIX INSTALLED 11 -20 TON $ 240.00 21 FC 9.5/HOT MIX INSTALLED 21 -44 TON $ 230.00 22 FC 9.5/HOT MIX INSTALLED 45-66 TON $ 220.00 23 FC 9.5/HOT MIX INSTALLED 67-88 TON $ 210.00 24 FC 9.5/HOT MIX INSTALLED 89-200 TON $ 200.00 25 FC 12.5/HOT MIX INSTALLED 1 - 10 TON $ 250.00 26 FC 12.5/HOT MIX INSTALLED 11 -20 TON $ 240.00 27 FC 12.5/HOT MIX INSTALLED 21 -44 TON $ 230.00 28 FC 12.5/HOT MIX INSTALLED 45-66 TON $ 220.00 29 FC 12.5/HOT MIX INSTALLED 67-88 TON $ 210.00 30 FC 12.5/HOT MIX INSTALLED 89-200 TON $ 200.00 MEDIUM PROJECTS Item Description Qty UOM Unit Price 31 SP 9.5/HOT MIX INSTALLED 201 -400 TON $ 115.00 32 SP 12.5/HOT MIX INSTALLED 201 -400 TON $ 110.00 33 FC 5/HOT MIX INSTALLED 201 -400 TON $ 118.00 34 FC 9.5/HOT MIX INSTALLED 201 -400 TON $ 160.00 35 FC 12.5/HOT MIX INSTALLED 201 -400 TON $ 150.00 LARGE PROJECTS Item Description Qty UOM Unit Price 36 SP 9.5/HOT MIX INSTALLED 400&ABOVE TON $ 105.00 37 SP 12.5/HOT MIX INSTALLED 400&ABOVE TON $ 100.00 38 FC 5/HOT MIX INSTALLED 400&ABOVE TON $ 118.00 39 FC 9.5/HOT MIX INSTALLED 400&ABOVE TON $ 135.00 40 FC 12.5/HOT MIX INSTALLED 400&ABOVE TON $ 125.00 2 CLASS II ASPHALT (Unit price includes Maintenance of Traffic,mobilization/demobilization,labor,materials,equipment,disposal,and all other incidentals to complete the work) SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM Unit Price 41 SP 9.5/HOT MIX INSTALLED 1 - 100 TON $ 130.00 42 SP 12.5/HOT MIX INSTALLED 1 - 100 TON $ 125.00 43 FC 5/HOT MIX INSTALLED 1 - 100 TON $ 118.00 44 FC 9.5/HOT MIX INSTALLED 1 - 100 TON $ 185.00 45 FC 12.5/HOT MIX INSTALLED 1 - 100 TON $ 175.00 46 SP 9.5/HOT MIX INSTALLED 101 -200 TON $ 125.00 47 SP 12.5/HOT MIX INSTALLED 101 -200 TON $ 120.00 48 FC 5/HOT MIX INSTALLED 101 -200 TON $ 118.00 49 FC 9.5/HOT MIX INSTALLED 101 -200 TON $ 170.00 50 FC 12.5/HOT MIX INSTALLED 101 -200 TON $ 160.00 MEDIUM PROJECTS Item Description Qty UOM Unit Price 51 SP 9.5/HOT MIX INSTALLED 201 -400 TON $ 115.00 52 SP 12.5/HOT MIX INSTALLED 201 -400 TON $ 110.00 53 FC 5/HOT MIX INSTALLED 201 -400 TON $ 118.00 54 FC 9.5/HOT MIX INSTALLED 201 -400 TON $ 160.00 55 FC 12.5/HOT MIX INSTALLED 201 -400 TON $ 150.00 LARGE PROJECTS Item Description Qty UOM Unit Price 56 SP 9.5/HOT MIX INSTALLED 401 &ABOVE TON $ 105.00 57 SP 12.5/HOT MIX INSTALLED 401 &ABOVE TON $ 100.00 58 FC 5/HOT MIX INSTALLED 401 &ABOVE TON $ 118.00 59 FC 9.5/HOT MIX INSTALLED 401 &ABOVE TON $ 135.00 60 FC 12.5/HOT MIX INSTALLED 401 &ABOVE TON $ 125.00 CLASS III ASPHALT (Unit price includes Maintenance of Traffic,mobilization/demobilization,labor,materials,equipment,disposal,and all other incidentals to complete the work) SMALL PROJECTS AND SPOT REPAIRS' Item Description Qty UOM Unit Price 61 SP 9.5/HOT MIX INSTALLED 1 -20 TON $ 300.00 62 SP 9.5/HOT MIX INSTALLED 21-66 TON $ 270.00 63 SP 9.5/HOT MIX INSTALLED 67-200 TON $ 250.00 64 SP 12.5/HOT MIX INSTALLED 1 -20 TON $ 300.00 65 SP 12.5/HOT MIX INSTALLED 21 -66 TON $ 270.00 66 SP 12.5/HOT MIX INSTALLED 67-200 TON $ 250.00 67 FC 5/HOT MIX INSTALLED 1 -20 TON $ 118.00 68 FC 5/HOT MIX INSTALLED 21 -66 TON $ 118.00 69 FC 5/HOT MIX INSTALLED 67-200 TON $ 118.00 70 FC 9.5/HOT MIX INSTALLED I -20 TON $ 300.00 71 FC 9.5/HOT MIX INSTALLED 21 -66 TON $ 250.00 72 FC 9.5/HOT MIX INSTALLED 67-200 TON $ 270.00 73 FC 12.5/HOT MIX INSTALLED 1 -20 TON $ 300.00 74 FC 12.5/HOT MIX INSTALLED 21 -66 TON $ 270.00 75 FC 12.5/HOT MIX INSTALLED 67-200 TON $ 250.00 MEDIUM PROJECTS Item Description Qty UOM Unit Price 76 SP 9.5/HOT MIX INSTALLED 201 -400 TON $ 140.00 77 SP 12,5/HOT MIX INSTALLED 201 -400 TON $ 130.00 78 FC 5/HOT MIX INSTALLED 201 -400 TON $ 118.00 79 FC 9.5/HOT MIX INSTALLED 201 -400 TON $ 190.00 80 FC 12.5/HOT MIX INSTALLED 201 -400 TON $ 180.00 C 3 LARGE PROJECTS Item Description Qty UOM Unit Price 81 SP 9.5/HOT MIX INSTALLED 400&ABOVE TON $ 125.00 82 SP 12.5/HOT MIX INSTALLED 400&ABOVE TON $ 120.00 83 FC 5/HOT MIX INSTALLED 400&ABOVE TON $ 118.00 84 FC 9.5/HOT MIX INSTALLED 400&ABOVE TON $ 160.00 85 FC 12.5/HOT MIX INSTALLED 400&ABOVE TON $ 150.00 PRIMING (Unit price includes Maintenance of Traffic,mobilization/demobilization,labor,materials,equipment,disposal, and all other incidentals to complete the work) PRIME&SAND MIX(CONTRACTOR APPLIED Item Description Qty UOM Unit Price 86 SPOT REPAIR PROJECTS 0-500 SQ YD $ 0.60 87 SPOT REPAIR PROJECTS 501 - 1,500 SQ YD $ 0.60 88 SMALL PROJECTS 1,501 -3,200 SQ YD $ 0.60 89 MEDIUM PROJECTS 3,201 -6,400 SQ YD $ 0.60 90 LARGE PROJECTS 6,401 &ABOVE SQ YD $ 0.60 MILLING Item Description Qty UOM Unit Price 91 MILLING PROJECTS 0-250 SQ YD $ 20.00 92 MILLING PROJECTS 251 - 1,000 SQ YD $ 10.00 93 MILLING PROJECTS 1,001 -5,000 SQ YD $ 6.00 94 MILLING PROJECTS 5,001 - 15,000 SQ YD $ 6.00 95 MILLING PROJECTS 15,001 -25,000 SQ YD $ 6.00 96 MILLING PROJECTS 25,001 &ABOVE SQ YD $ 6.00 EMERGENCY SPOT REPAIRS (ADDITIONAL FEE ADDED TO PROJECT COSTS FOR EXPEDITED RESPONSE) Item Description UOM Unit Price 97 PRIORITY ONE(1) EA $ 1.00 RESPOND WITHIN 2-HOURS/PERFORM WORK WITHIN 12-HOURS 98 PRIORITY TWO(2) EA $ 1.00 RESPOND WTIHIN 24-HOURS/PERFORM WORK WITHIN 48-HOURS 99 PRIORITY THREE(3) EA $ 1.00 RESPOND WITHIN 48-HOURS/PERFORM WORK WITHIN 72-HOURS MATERIALS (MATERIALS PICKED UP BY THE COUNTY,THE PICKUP LOCATION MUST BE WITHIN THE BORDERS OF COLLIER COUNTY) Item Description Qty VOM Unit Price 100 ASPHALT COLD MIX 1 TON $ 250.00 101 SP I/ASPHALT I-JOT MIX (DUPLICATION DELETED) 4 TON $ - 102 SP III/ASPHALT HOT MIX (DUPLICATION DELETED) T TON $ - 103 SP 9.5/ASPHALT HOT MIX 1 TON $ 70.00 104 SP 12.5/ASPHALT HOT MIX 1 TON $ 65.00 105 FC 5/ASPHALT HOT MIX 1 TON $ 130.00 106 FC 9.5/ASPHALT HOT MIX 1 TON $ 90.00 107 FC 12.5/ASPHALT HOT MIX 1 TON $ 90.00 MISCELLANEOUS SERVICES&REPAIRS Item Description Qty UOM Unit Price ASPHALT PATCH(1-1/2"ASPHALT DEPTH)CUT& 108 REMOVE EXISTING ASPHALT,COMPLETE 8"BASE WORK, 1 SQ YD $ 100.00 INSTALL PATCH&COMPACT,THEN REMOVE&DISPOSE OF ALL DEBRIS&WASTE MATERIALS. CAO 4 109 SWEEPER W/OPERATOR 1 HR $ 120.00 110 OFF DUTY LAW ENFORCEMENT 1 HR $ 55.00 OFFICER W/MARKED VEHICLE "TRAFFIC CALMING"DEVICE 1 1 I (SUPPLY&INSTALL) 1 EA $ 2,000.00 EXHIBIT B-SPEED TABLES "TRAFFIC CALMING"DEVICE 112 (REMOVAL ONLY) 1 EA $ 1,000.00 EXHIBIT B-SPEED TABLES 113 ***Intentionally Left Blank*** 114 NON-BID MATERIALS MARK-UP BID AMOUNT MUSTeNOT TO EXCEED 15.00% 15/0 ALTERNATIVES (The items listed in this section may be requested by County Divisions) PRIME &TACK COAT MATERIALS (REFER TO FDOT SPECIFICATIONS,SECTION 300) Item Description Qty UOM Unit Price 115 RC-70 1 GAL $ 4.00 116 RC-250 1 GAL $ 4.00 117 SS-1 1 GAL $ 4.00 118 SS-1H 1 GAL $ 4.00 119 AE-60 1 GAL $ 4.00 120 AE-90 1 GAL $ 4.00 121 AE-150 1 GAL $ 4.00 122 AE-200 1 GAL $ 4.00 123 EPR-1 1 GAL $ 4.00 124 RA-500 l GAL $ 4.00 125 RS-1H 1 GAL $ 4.00 126 RS-2 1 GAL $ 4.00 127 CRS-IH 1 GAL $ 4.00 128 CRS-2 1 GAL $ 4.00 129 NTSS-1HM 1 GAL $ 4.00 130 SPECIAL MS PRIME 1 GAL $ 4.00 131 TRACKLESS TRACK 1 GAL $ 4.00 ASPHALT CURB 132 ASPHALT CURB 1 LF $ 20.00 ASPHALT PICK UP (MATERIALS PICKED UP BY THE COUNTY,THE PICKUP LOCATION MUST BE WITHIN THE BORDERS OF COLLIER COUNTY) 133 S-1 ASPHALT 1 TON $ 60.00 134 S-3 HI ASPHALT 1 TON $ 65.00 (DESCRIPTION CHANGED FROM S-IlI TO S-3) BASE WORK PREPARATION 133 FOUR INCH(4")COMPACTED DEPTH 1 SQ YD $ 20.00 134 SIX INCH(6")COMPACTED DEPTH 1 SQ YD $ 30.00 135 EIGHT INCH(8")COMPACTED DEPTH 1 SQ YD $ 40.00 136 TWELVE INCH(12")COMPACTED DEPTH 1 SQ YD $ 50.00 PAVER PROTECTION (Unit price includes materials,installation,removal,and disposal) 5 137 SAND 1 CU YD $ 18.00 138 BOARDS 1 SQ YD $ 20.00 SHOULDER GROUND INRUMBLE STRIP PLACEMENT Item Description Qty UOM Unit Price 139 LONGITUDINAL CUT-CONTINUOUS 1 MILE $ 12,000.00 140 LONGITUDINAL CUT-SKIP ARRAY 1 MILE $ 12,000.00 141 TRANVERSE CUT-CONTINUOUS 1 MILE $ 12,000.00 142 TRANVERSE CUT-SKIP ARRAY 1 MILE $ 12,000.00 SHOULDER WIDENING/BASE PREPARATION 143 EIGHT INCH(8")COMPACTED DEPTH 1 SQ YD $ 30.00 144 TWELVE INCH(12")COMPACTED DEPTH 1 SQ YD $ 35.00 SWALE REWORK INCLUDES DISPOSAL (Re-grading and stablizing the swale area) 145 SIX FEET(6')WIDE X TWO FEET(2')DEEP I LF $ 5.00 146 SIX FEET(6')WIDE X THREE FEET(3')DEEP 1 LF $ 8.00 SOD WITH INSTALLATION (Purchase&Install) 146 BAHIA 1 SQ FT $ 1.00 147 FLORTAM 1 SQ FT $ 1.00 WATER TRUCK 148 WATER TRUCK W/OPERATOR&WATER 1 GAL $ 1.00 PRIME& LEAN MIX/CONTRACTOR APPLIED Item Description Qty UOM Unit Price 149 SPOT REPAIR PROJECTS 0-500 SQ YD $ 1.00 150 SPOT REPAIR PROJECTS 501 -1,500 SQ YD $ 1.00 151 SMALL PROJECTS 1,501 -3,200 SQ YD $ 1.00 152 MEDIUM PROJECTS 3,201 -6,400 SQ YD $ 1.00 153 LARGE PROJECTS 6,401 &ABOVE SQ YD $ 1.00 INCIDENTAL LABOR Item Description Qty UOM Unit Price 154 SUPERINTENDENT 1 HOURLY $ 50.00 155 FOREMAN 1 HOURLY $ 40.00 156 OPERATOR 1 HOURLY $ 30.00 157 LABORER 1 HOURLY $ 20.00 Other Exhibit/Attachment Description: Performance and Payment Bonds C following this page (pages 1 through 6 ) n this exhibit is not applicable Page 17 of 17 Fixed Term Service Multi-Contractor Agreement 2017.008(Ver.1) PUBLIC PAYMENT BOND Bond No. Contract No. 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. 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 ® I 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 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.: PUBLIC PERFORMANCE BOND Bond No. Contract No. 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. 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 author ity 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 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 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.: TE A� CERTIFICATE OF LIABILITY INSURANCE DAT�i4 �2o1Y ) 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 Donna Griffiths NAME: Guy Hurley, LLC (n//c NN. Ext): (248)519-1439 FAX (A/C,No): (248)519-1401 1080 Kirts Blvd., Suite 500 Miass: ri£fiths@ hbh.com ADDRESS: g g INSURER(S)AFFORDING COVERAGE NAIC# Troy MI 48084 INsuRERA:The Travelers Indemnity Co. A+XV 25658 INSURED INSURER B:Lexington Insurance Co. , A XV 19437 Ajax Paving Industries of Florida, LLC INSURERC:ACIG Insurance Company A VIII 19984 One Ajax DriveINsuRERD:Travelers Prop Casualty Co A+XV 25674 INsuRERE:Greenwich Ins. Co. A XV 22322 North Venice FL 34275 INSURER F: COVERAGES CERTIFICATE NUMBER:18-19 All Lines Crystal REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCENSD SWVDR POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDD/VYYY) (MMIDD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR DAMAGE (RENTED PREMISESS(Ea occurrence) $ 300,000 X XCU Coverage Included X VTC2KCO8A097342 6/1/2018 6/1/2019 MED EXP(Any one person) $ 5,000 X Contractual Liability PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY X LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED VTC2KCAP8A097354 6/1/2018 6/1/2019 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS (Per accident) X UMBRELLA LIAB OCCUR EACH OCCURRENCE _ $ 5,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ 015681517 6/1/2018 6/1/2019 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A C (Mandatory in NH) WCA000004618 6/1/2018 6/1/2019 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Inland Marine QT6308A099255 6/1/2018 6/1/2019 Leased/Rented $550,000 E Prof/Pollution Liability CP1742032504 6/1/2018 6/1/2019 Occ/Agg $5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: #18-7488. Asphalt Maintenance & Related Roadway Services. Collier County Board of County Commissioners is an Additional Insured for General Liability on a primary and non-contributory basis when required by written contract. 30 Day Notice of Cancellation (Except Non-Payment of Premium) applies in favor of Collier County Board of County Commissioners for General Liability, Automobile Liability and Workers Compensation when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Collier County Board of THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 3295 Tamiami Trail E. Naples, FL 34112 AUTHORIZED REPRESENTATIVE Richard McGregor/WEAL ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) AJAX PAVING INDUSTRIES OF FLORIDA LLC A Florida Limited Liability Company Written Consent of Manager July 19, 2017 (Appointment of Officers; Signing Authority) The undersigned Michael A. Horan (the "Manager"), being the manager of Ajax Paving Industries of Florida LLC, a Florida limited liability company (the "Company"), hereby consents to and adopts the following resolution: RESOLVED, THAT: A. Pursuant to the authority granted to the Manager by Section 5.2 of the Operating Agreement of the Company, dated January 1, 2015, the Manager hereby appoints the following persons to the office set forth opposite their name: James A. Jacob Chief Executive Officer Michael A. Horan President Mark O. Minich Executive Vice President Vincent Hafeli Vice President Scott Pittman Vice President James M. Friel Chief Financial Officer Jason Wescoat Assistant Secretary Ingrid Delaney Assistant Secretary Christie Alvaro Assistant Secretary B. The following individuals are authorized to enter into contracts and sign bonds with all governmental agencies, municipalities, private developers, and contractors for work performed on behalf of the Company: James A. Jacob, Chief Executive Officer; Michael A. Horan, Manager and President; Mark O. Minich, Executive Vice President; Vincent Hafeli, Vice President; Scott Pittman, Vice President; Steven Ayers, Area Manager; Andy DeCreane, Area Manager; Jason Wescoat, Assistant Secretary; Ingrid Delaney, Assistant Secretary; and Christie Alvaro, Assistant Secretary. C. The following individuals are authorized to acknowledge receipt of payment by signature on an appropriate Partial, Conditional or Final Waiver, process the filing of a Claim of Lien, Notice of Non- Payment or Satisfaction of Lien according to the Mechanics Lien Law, or process the recovery of outstanding monies due, through the means of Small Claims Court on behalf of the Company: James A. Jacob, Chief Executive Officer; Michael A. Horan, Manager and President; Mark O. Minich, Executive Vice President; Vincent Hafeli, Vice President; Scott Pittman, Vice President; Steven Ayers, Area Manager; Andy DeCreane, Area Manager; Jason Wescoat, Assistant Secretary; Ingrid Delaney, Assistant Secretary; and Christie Alvaro, Assistant Secretary. It is directed that a copy of this Written Consent be filed with the entity proceedings records of the Company. f MICHAEL A. HORAN Manager