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#24-8259 (Preferred Materials, Inc.) FIXED TERM SERVICE AGREEMENT #24-8259 for "Asphalt Maintenance and Related Services" THIS AGREEMENT, made and entered into on this I day of NOVernb-er'20(24 , by and between Preferred Materials, Inc. authorized to do business in the State of Florida, whose business address is 4636 Scarborough Drive, Lutz, FL 33559 , (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 n upon the date of Board approval; or[1 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 IN Purchase Order R N . 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of fI Req est for Proposal (REP) ❑■ Invitation to Bid (ITB) Other ( )# 24-8259 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. n The Contractor shall also provide services in accordance with Exhibit A — Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement [2024_ver.3] 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. 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): E Lump-Stt hourly or material invoices presented, rather, the contractor must perform to the is author+zed� • 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 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). 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. Page 2 of 17 Fixed Term Service Agreement [2024_ver.3] 4.4 The County, or any duly authorized agents or representatives of the County, shall have the right to conduct an audit of Contractor's books and records to verify the accuracy of the Contractor's claim with respect to Contractor's costs associated with any Payment Application, Change Order, or Work Directive Change. air Ic Expene e'�v++ag rates Mirleage $e 4476-fie Breakfast $6790- Lunch $-1-1-09 Dinner- $1.3.00 Airfare Rental-ear ve# isies- 9 Parking- A al-sest-of-packieg Taxi or Airport Limousine Actual cost of either taxi or airport limousine • e. Reimbursable --s#�ail-fie 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: Company Name: Preferred Materials, Inc. Address: 5701 E. Hillsborough Ave. Suite 1122 Tampa, FL 33610 Authorized Agent: Craig Ketron Attention Name & Title: Secretary Telephone: 813-612-5740 E-Mail(s): craig.ketron@preferredmaterials.com Page 3 of 17 Fixed Term Service Agreement [2024_ver.3] 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 Name: Road Maintenance Divsion Division Director: Marshall Miller Address: 4800 Davis Blvd Naples, FL 34104 Administrative Agent/PM: Melissa Pearson Telephone: 239-252-5591 E-Mail(s): Melissa.Pearson@colliercountyfl.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. 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 Page 4 of 17 Fixed Term Service Agreement [2024_ver.3] 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 sole judge of the 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 or any other class protected by federal or Florida law. 12. INSURANCE. The Contractor shall provide insurance as follows: A. n Commercial General Liability: Coverage shall have minimum limits of $ 2,000,000.00 Per Occurrence, $ 3,000,000.00 aggregate for Bodily Injury Liability and Property Damage Liability. The General Aggregate Limit shall be endorsed to apply per project. 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$ 1,000,000.00 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. 0 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$ 1,000,000.00 for each accident. ffer-r a e-a units of $ per claim: Page 5 of 17 Fixed Term Service Agreement [2024_ver.3] F. n : Coverage shall have minimum limits of$ per claim. C. n : Coverage shall have minimum limits of$ per claimIOeer-re.se. H. n : Covcragc m limits of$ per claim/Occurrence. 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 Agreement [2024_ver.3] 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 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), • Exhibit A Scope of Services, Exhibit B Fee Schedule, n RIP I•1I ITB/I I Other #24-8259 , including Exhibits, Attachments and Addenda/Addendum, Ern-subsequent quotes, and Other Exhibit/Attachment: Payment & Performance 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 Agreement 12024_ver.3] located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended, as well as the requirements set forth in Florida Statute, §448.095; 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, if applicable, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: IT IS THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, IT SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Division of Communications, Government and Public Affairs 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8999 Email: PublicRecordRequestcolliercountyfl.gov 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 Page 8 of 17 Fixed Term Service Agreement [2024_ver.31 referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 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. If a subcontractor is a related entity to the Contractor, then the Contractor shall not mark- up the subcontractor's fees. A related entity shall be defined as any Parent or Subsidiary of the Company and any business, corporation, partnership, limited liability company or other entity in which the Company or Parent or a Subsidiary of the Company holds any ownership interest, directly or indirectly. 23. ❑■ 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. Page 9 of 17 Fixed Term Service Agreement [2024_ver.3] 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 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. n 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. I■I 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 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. Page 10 of 17 Fixed Term Service Agreement [2024_ver.3] 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials from 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 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. E--Kw oeoen N aty-ceserves--tie Page 11 of 17 Fixed Term Service Agreement [2024_ver.3] to notify Collier Cou tt i seven ays-of tote-Ghacge a-Geunt peFsOReel. 0■ 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. 0 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. among the terms of any of the Contract Documents and/or the County's Board approved obligation under the Contract Documents upon the Contractor at County's discretion. 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 Page 12 of 17 Fixed Term Service Agreement [2024_ver.3] 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(a7colliercountyfl.gov) whenever an employee assigned to Collier 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. Collier County Sheriffs Office (CCSO) requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated upon award of the contract. If there are additional fees for this process, the Contractor is responsible for all costs. 38. n 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 Agreement [2024_ver.3] IN WITNESS WHEREOF, the parties hereto, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel,,Clerk of the Circuit COLLIER COUNTY, FLORIDA Court and Co troll • By: By: Attest as to Chairman's Chris all , hairman Dated: tore only (SEAL) Preferred Materials, Inc. Contractor's Witnesses: Contractor yLL____, _ ,, B : _ Contractor's First Witness Sign ture Robert Spillman,Vice President Lakelia Drummond TType/print signature and titleT TType/print witness na eT le.../L,0„._ Contractor's cond Witness Craig Ketron TType/print witness name Approved as to m nd Legality: ' kii /Le,..........L �County Attorney �- A 7«/ L-1 Print Name Page 14 of 17 Fixed Term Service Agreement —47- [2024_ver.3] Exhibit A Scope of Services IMI following this page (containing 9 pages) ❑ this exhibit is not applicable Page 15 of 17 Fixed Term Service Agreement [2024_ver.3] Invitation to Bid (ITB) No. 24-8259 "Asphalt Maintenance and Related Services" Exhibit A Scope of Services DETAILED SCOPE OF WORK The scope of services under this agreement includes but is not limited to milling,paving,limerock road conversions, potholes and spot repairs,grading,overlays,tack coat placement with plant mix asphaltic concrete compacted,and all other services related to asphalt repair and maintenance projects in Collier County right-of-way and county-owned or managed properties throughout Collier County. • The County Project Manager shall request work on an as-needed basis. • Work requests valued at $200,000 or greater require the Contractor to submit public performance and payment bonds. • Bid Schedule- Unit of Measure [UOM] glossary: Cubic Yard= CY; Each = EA; Gallon = GAL; Hourly Rate=HR; Linear Foot/Feet=LF; Lump Sum=LS; Mile=Mile; Square Feet= SF; Square Yard=SQ YD;Ton=Ton;Temporary Traffic Control/Maintenance of Traffic(MOT/TTC). I. WORK SPECIFICATIONS:Unless directed by the County Project Manager,the governing standards for work under the agreement are as follows. • State of Florida Department of Transportation [FDOT], Standard Plans for Roadway and Bridge Construction,current edition. • Standard Specifications Library(fdot.gov) • FDOT Temporary Traffic Control/Maintenance of Traffic,current index. • Temporary Traffic Control(Maintenance of Traffic)(fdot.gov) • U.S. Department of Transportation, Federal Highway Administration, Manual of Uniform Traffic Control Devices[MUTCD],current edition. • Manual on Uniform Traffic Control Devices(MUTCD)-FHWA(dot.gov) 1. Milling: The unit price includes traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization,MOT/TTC,sweeping,and disposal. 1.1. Milling of Existing Asphalt Pavement [FDOT 3271: The average milling cut depth to remove an asphalt layer shall be approximately 1 to 3 inches.The County Project Manager will determine the milling depth; the Contractor may need to obtain bore samples throughout the project area randomly or as directed by the County Project Manager,at no additional cost to the County. 1.1.1. 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. 1.1.2. Remove existing reflective pavement markers["RPM"]. 1.1.3. No additional payment beyond the milled area will be paid for removing existing asphalt speed 1 tables. 1.1.4. Damage to the milled surface by traffic shall be repaired at the Contractor's expense. 1.1.5. County Project Manager, at their discretion, may request retainage of up to 25% of the millings generated.The retained millings shall be hauled and delivered to a designated location by the County Project Manager.The cost for loading and hauling millings is the dump truck with operator hourly rate. 1.1.6. Milling is measured in square yards. 1.2. Rebate/Bump Milling:Work 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 an overlay is done. 1.2.1. The Contractor shall mill a rebate to provide a smooth transition with the existing pavement by varying the milling depth at 1"per 30'of longitudinal distance. 1.2.2. Rebate/Bump milling is not a separate pay line item;it shall be considered part of the hot mix asphalt ["HMA"]per-ton pay item. 1.3. Additional milling information: Pave milled areas before opening the roadway to traffic; unless permitted by the County Project Manager.At the Contractor's request and the County Project Manager's authorization, allowing traffic on milled surface areas before paving may be permissible for up to 3 days.Any damages or additional surface cleaning on milled areas before paving is at the Contractor's expense to repair or clean before paving;at no additional cost to the County. 1.3.1. "Groove Pavement"and"Uneven Lanes"signage is required to warn motorists. 1.3.2. Any transverse drop-off greater than 1 inch shall be shimmed with hot and/or cold mix to provide a smooth transition for traffic.The cost to replace and remove is included in the milling line item. 2. Grinding:The unit prices FDOT Standard Plan Index 352 Grinding Concrete Pavement.This item is intended for grinding concrete pavement, concrete bridge approaches, and concrete decks to allow for the placement of a specified layer of asphalt concrete. 2.1. When milling concrete, an average depth of cut shall be between zero and 2 inches. The County Project Manager will determine the depth of the milling for the project. 2.2. Grinding is measured in square feet. 3. Asphalt Project Class Types: Class I through Class III Asphalt includes the following categories: small projects and spot repairs,medium projects,large projects,large projects without compaction monitoring,and large projects with compaction monitoring.There are no bituminous adjustments for asphalt for spot repairs. 3.1. Class I Asphalt (Resurfacing Projects): The unit prices include traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization,MOT/TTC, grading back the pavement edge, milling the existing surface when required (an additional pay item), 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. 3.2. Class II Asphalt(Paving over Prepared Surfaces):The unit prices include traffic control plan,supervision, labor,materials,equipment,mobilization,demobilization,MOT/TTC,sweeping the surface as directed by the County Project Manager,providing the hot asphalt mix,laying the asphalt in place,and rolling the asphalt surface with a steel wheel compactor and a rubber-tire roller,leaving a smooth,defect-free surface for each roadway that has been primed and sanded/lean mixed. 3.3. Class III Asphalt(Sidewalks,Bike Paths,Parking Lots,Alleyway,Paved Ditch,Miscellaneous Paving):The unit prices include traffic control plan, supervision, labor, materials, equipment, mobilization, 2 demobilization,MOT/TTC, 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. 4. 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.Reference is made to FDOT § 320, 330, 334, 337,and 339; unless otherwise stated,payment shall be per ton of material placed and accepted. The unit prices include traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization,MOT/TTC,sweeping,and disposal,as required. 4.1. The County Project Manager may request the Contractor to fill in asphalt cracks and holes for surfaces not being milled and apply a tack coat on the surfaces being patched and/or repaired.Payment method:Class I through III Asphalt for small projects and spot repairs. 4.2. Asphalt overlays typically range from 1/2-inch to 3-inch courses. 4.3. Posted speeds of 35 MPH or greater,with an Annual Average Daily Traffic"AADT"greater than 3,500, will require friction courses for pavements. 4.4. The Contractor shall control the compaction of the asphalt in the following manner.The placement of the asphalt mixture,including the construction of the test section,shall not begin unless a density gauge and a certified operator are present. 4.4.1.Test Section:The Contractor shall place and compact a test section on the mainline with a maximum of 1,500 linear feet in one lane to establish the Project Target Density(PTD)using the"peak" method.The County Project Manager will approve the location of the test section on the first day of paving.Include the cost in the various HMA line items. 4.4.1.1. The Contractor shall use the same equipment and procedures to construct the remainder of the course.The first 300 feet of the test section shall stabilize the paving operation.Initially, the mixture shall be compacted with a breakdown roller.The County Project Manager will divide the remaining section of the test strip into thirds, randomly select a location from each section,and mark the sites so that subsequent density testing can be done at the same locations. 4.4.1.2. The Contractor shall make necessary vibratory and static passes to "peak"the pavement density such that the density gauge reading shall yield a density of at least 93% of the Mixtures Maximum Theoretical Density (MMTD). The producer of the material will provide the MMTD. 4.4.1.3. The Contractor shall provide the County Project Manager with two loose samples from an independent laboratory for verification testing.The Contractor shall take density readings at the three selected sites after every additional machine passes until a"peak" density is achieved.A"peak"density is achieved when the increase in density is less than 2 lbs./ft3, and it typically occurs when the pavement is compacted at 175°F or less.The Contractor shall stop further compaction if the pavement shows signs of distress. 4.4.1.4. The PTD is the average of the highest density readings from each random location.The calculated PTD shall be used to monitor the pavement density. The County Project Manager may request pavement cores to verify the PTD.The Contractor shall take four randomly located samples and provide them to the County Project Manager for testing at a laboratory designated by the County Project Manager.After collecting the test samples, the Contractor shall fill the core holes with HMA. 4.4.1.5. The Contractor shall begin routine paving only after the PTD has been established.Density readings shall be taken every 200 feet along the length of the pavement for each paver pass at locations randomly selected by the County Project Manager.Record the readings on the project form based on the type of gauge used.The minimum density reading shall be at least 97%of the PTD at a single test location and 98%of the PTD calculated as a moving 3 CAO average of the last 10 test locations. 4.4.1.6. If density gauge readings over two consecutive locations fall below 97%of the PTD or the moving average of the last 10 density gauge readings falls below 98%of the PTD. Stop routine paving operations and construct a new test section. 4.4.1.7. The Contractor shall utilize the same compaction effort on the shoulders,ramps,widening, and crossovers to achieve the PTD.Density will be monitored but will not be required for payment purposes.Record the density readings on the project form.If the shoulder subbase is structurally insufficient to sustain the level of compaction and shows signs of distress, the Contractor shall decrease the compaction to prevent damage to the shoulder or subbase. 4.4.1.8. In the following situations, the County Project Manager may request pavement samples from the Contractor at no cost to the County for asphalt placement density verification. 4.4.1.8.1. Insufficient density readings were not recorded or at the specific location required frequency. 4.4.1.8.2. Paving was completed after the only density gauge on-site broke down. 4.4.1.8.3. Gauge readings do not accurately represent the asphalt pavement density. 4.5. Apply a tack coat on all surfaces for overlay[FDOT Section 300.Prime and Tack Coats].The cost is included in the unit price of hot mixed asphalt items. 4.6. A truing and leveling(T&L)course may require several courses before correcting pavement geometry.The Contractor shall apply tack coats between lifts.The cost is included in the hot mixed asphalt unit price. 4.7. Basic paving operations include cleaning/sweeping the surface,applying a tack coat,supplying asphalt hot mix,laying the hot mix in place,and rolling the asphalt surface with a steel wheel compactor and a rubber- tire roller for a smooth,defect-free surface.The cost is included in the hot mixed asphalt unit price. 4.8. The Contractor shall provide termination rebates at the ends of the roadway segment and all side road intersections described in Rebate/Bump Milling for a project not requiring overall milling and inlaying.The cost is included in the unit price of hot mix asphalt items. 5. Other Pavement Related Work 5.1. Limerock Conversion Preparation:The unit price includes traffic control plan,supervision,labor, materials,equipment,mobilization,demobilization,MOT/TTC,sweeping,and disposal.The Contractor shall grade and reshape designated sections of the roadway with a limerock surface in preparation for asphalt concrete paving. 5.1.1. The Contractor shall provide a survey and stakeout,producing line and grade for a roadway with two 10-foot lanes with a normal crown(2%-2%)geometry. 5.1.2. Grading operations are to extend one foot beyond the expected edge of the pavement.The Contractor shall scarify the existing limerock base and add/remove limerock as necessary to meet the desired grade.The finish grade shall be compacted and smooth with no defects.The finished grade will be within'/"of the true grade. 5.1.3. Upon acceptance by the County Project Manager,the Contractor shall prime and sand the prepared surface. 5.1.4. The Contractor shall pave the prepared area with a 2" lift of SP12.5 HMA w/o compaction monitoring. 5.1.5. After paving is completed,the Contractor shall back up any drop-offs at the edge of the pavement. 5.1.6. The unit of measure is square yard(SY). 5.2. Prime&Sand Mix:The unit price includes a traffic control plan,supervision,labor,materials,equipment, mobilization,demobilization,MOT/TTC,sweeping,and disposal.Prime and sand an area after the base material has been prepared to protect the surface before the asphalt is laid in place. 5.2.1. All work shall conform to FDOT specifications unless directed by the County Project Manager. 5.2.2. This item may be used to apply other surface treatments as requested by the division. 5.2.3. The unit of measure is square yards(SY). 4 5.3. Shoulder Trimming and Regrading: The unit price includes a traffic control plan, supervision, labor, materials,equipment,mobilization/demobilization,MOT/TTC,sweeping,and disposal.When specified,the Contractor shall cut,regrade,and remove excess shoulder material to restore positive drainage from the edge of the pavement/shoulder to the roadside swale. 5.3.1.Work includes segments containing guardrails. 5.3.2.All disturbed areas shall be seeded and mulched. 5.3.3. The unit of measure is linear feet(LF). 5.4. Geotextile Interlayer:The unit price includes a traffic control plan,supervision,labor,materials,equipment, mobilization,demobilization,MOT/TTC,sweeping,and disposal.As requested,the Contractor will provide and install a geotextile interlayer that meets non-woven polypropylene or polyester fiber material requirements. 5.4.1.The material shall have a minimum tensile strength of 90 lbs. and an asphalt retention minimum of 0.18 gallons/square yard (SY). Submit the manufacturer's specification sheet to the County Project Manager for review and approval. 5.4.2.Install in accordance with the manufacturer's recommendations. 5.4.3.Any damages to the geotextile before paving will be at the Contractor's expense to repair the damages at no cost to the County. 5.4.4.The unit of measure is square yards(SY)of the covered area with no additional fees for overlaps. 5.5. Swale Rework:The unit price includes a traffic control plan,supervision,labor,materials,equipment, mobilization,demobilization,MOT/TTC,sweeping,and disposal.The unit of measure is linear feet(LF). 5.6. Base Work Preparation and Shoulder Widening:The unit price includes a traffic control plan, supervision, labor, materials, equipment, mobilization/demobilization, MOT/TTC, sweeping, and disposal of excess spoils.The Contractor excavates and places new base material to the specified depth. 5.6.1.The Contractor may use Class II HMA,Class III HMA,or limerock as new base material. 5.6.2.After excavation and before placement of the new base,the Contractor shall seal and roll the surface. The material will be placed and compacted. 5.6.3.The unit of measure is square yards(SY). 5.7. Shoulder Backup w/Aggregate:The unit price includes a traffic control plan,supervision,labor,materials, equipment,mobilization/demobilization,MOT/TTC,sweeping,and disposal.The Contractor shall address all pavement edges with a drop-off of 1"or more before paving is completed. 5.7.1.The Contractor shall place and compact an aggregate material approved by the County Project Manager. 5.7.2.The material shall be placed as a wedge at a rate of 1"per 1'of width. 5.7.3.The unit of measure for aggregate material is by ton(TN). 5.8. Sod with Installation: The unit price includes sod, a traffic control plan, mobilization, demobilization, MOT/TTC, supervision, materials, labor, and equipment to prepare and grade the area with suitable fill, install sod,initial watering,and disposal.The unit of measure is square feet(SF). 5.9. Speed Table Installation: The unit price for traffic calming devices includes a traffic control plan, supervision,labor,materials,equipment,mobilization,demobilization,MOT/TTC,sweeping,and disposal. Install asphalt speed tables per the specifications provided.The unit of measure is each(EA). 5.10.Surface Protection:The unit price for traffic calming devices includes a traffic control plan, supervision, labor, materials, equipment, mobilization, demobilization, MOT/TTC, sweeping, and disposal. The 5 Contractor shall protect pavers, brick, decorative stone, stencils, etc., in areas such as, but not limited to, crosswalks, entrances, and driveways, as requested by the County Project Manager. The protection will prevent damage by distributing the weight and providing a buffer from heavy equipment and machinery traveling over them. The Contractor is responsible for any damages, and the repairs are at no cost to the County. 5.10.1. Boards:The unit of measure is square yards(SY).The unit price includes delivery to the job site, installation,and removal. 5.10.2. Sand:Install a minimum sand layer of 2 inches.The unit of measure is a cubic yard(CY).The unit price includes sand delivery, installation, and removal by sweeping sand from the site, and haul- away. 5.11.Asphalt Curb:The unit price includes a traffic control plan,supervision,labor,materials,equipment, mobilization,demobilization,MOT/TTC,sweeping,and disposal.The unit of measure is linear foot(LF). 5.12. Miscellaneous Services and Labor:These line items are for additional services not included in the bid unit prices.The unit of measures are each(EA)or hourly(HR). 5.13.Materials:Collier County will pick up materials.The pickup location must be within the County's borders. The unit of measures are ton(TN)or gallon(GAL). 5.14.Markups:There is no markup on tax and freight.Markups are for other work not listed on the bid schedule. 5.14.1. Material Markup: Material markup is 15 percent. The Contractor shall provide receipts with the invoice for reimbursement for materials exceeding$500.00. 5.14.2. Equipment Markup:Equipment markup is 10 percent.The Contractor shall email the County Project Manager the rental equipment estimate for approval. 5.14.3. Subcontractor Markup:Subcontractor services markup is 15 percent.The Contractor shall email the estimate to the County Project Manager for approval to use subcontractor services. II. GENERAL INFORMATION 1. Work Commencement:The work shall commence with the issuance of a purchase order. 2. Work Hours:The County Project Manager may require the Contractor to work different hours as requested.There is no additional compensation for working on weekends,holidays,or evening hours. 2.1. Monday through Friday from 7:00 a.m.to 5:00 p.m. 2.2. Evening hours are 8:00 p.m.to 6:00 a.m.Due to traffic volumes,local ordinances,and extreme weather,the County Project Manager may require work to be done in the evening. 3. Night Work:The Division may require work to be progressed at night due to traffic volumes, local ordinances, and extreme weather. 3.1. The Contractor shall submit a lighting plan to the County Project Manager for review and approval five(5) business days before the work starts.The plan must illuminate the work area with a minimum intensity of 5 (five)ft-cd(54 lx). Illumination sources may be from portable floodlights,existing streetlights,equipment lighting,or other allowed sources. 3.2. Supplemental lighting must be arranged to prevent interference with traffic or produce undue glare to property owners. Should the TTC/MOT plan require flaggers to control traffic,the flagging station shall be illuminated at 10 ft-cd,so the flagger is visible to traffic. 3.3. The Contractor shall provide a light meter to monitor illumination levels.The Contractor shall furnish,place, and maintain portable variable message signs ["PVMS"] to alert approaching motorists of lighted 6 CA 0 construction zones ahead. All equipment shall be fitted with amber flashing lights or LED strobes. To maintain project MOT,the Contractor shall ensure an ATSSA Certified Worksite Supervisor is always on- site during nighttime operations. 3.4. The cost of nighttime operations is included in the various bid item unit prices. 3.5. Additional costs are authorized for the lighting plant as a per-day item[Miscellaneous Services and Labor]. The unit is each(EA). 3.6. Additional costs are authorized for PVMS as a per-day item [Miscellaneous Services and Labor].The unit is each(EA). 4. Work Requests:County Project Managers will request work from the Primary Contractor.If the Primary declines the work in writing,the County Project Manager may request work from the Secondary Contractor, and if the Secondary Contractor declines the work in writing, the County Project Manager will request work from the Tertiary Contractor. Contractors' Agreements may be subject to termination if they continually decline work requests.During any notice of termination,default,breach,or suspension,the County shall have the full authority to utilize the Secondary Contractor as the Primary Contractor and the same for the Tertiary Contractor. 5. Lane Closures:Lane closures are not permitted between 7:00 a.m.and 9:00 a.m.and 3:30 p.m.and 6:30 p.m.on weekdays. Lane closures require TTC with proper placement of lane-closed signs, pre-warning signs, arrow boards,traffic cones,etc. 6. Road Alert (Mandatory Requirement): Any lane closures require the Contractor to submit the Road Alert Notification Form for Lane Closures and Road Closures via email to Collier County Transportation Management Services Department. Link to Download the Road Alert form: https://www.colliercounty fl.gov/government/transportation-management-services/sery ices/construction-and- maintenance-public-information/road-alerts 7. Utilities: The Contractor shall exercise precautions while working near utilities. Before digging,the Contractor must call Sunshine 811 at 811 or 800-432-4770,Monday through Friday, from 7:00 a.m.to 5:00 p.m. Sunshine 811 needs two(2)full business days'notice.Any damage to utilities is the Contractor's sole responsibility and at no cost to the County. 8. Work Delays: If work is delayed,notify the County Project Manager immediately and follow up with an email stating the cause of the delay within 48 hours. 9. Damages: The Contractor is responsible for exercising care at the project site. If the Contractor causes damage, they will be required to repair them at no cost to the County. The Contractor shall repair damages within 10 calendar days from the date of damage or as agreed upon by the County Project Manager. It shall be at the Division's discretion to withhold estimated damage costs from an invoice until the repairs are completed and accepted. 10. Inspections: Onsite inspections may occur to monitor work progress and when the work is completed. The Contractor is to contact (by phone or email) the County Project Manager and Inspector when the project is completed. 10.1.The County Inspector will notify the Contractor when the finished work fails to comply with the specifications. 10.2.The Contractor shall immediately cure the deficient work,ensuring it complies with the specifications. 10.3.The Contractor shall notify the County Inspector when deficient work is ready for re-inspection. 10.4.The County may perform a final inspection of the work or request photographic evidence.The County will inform the Contractor of any necessary repair work not completed. 10.5.The Contractor shall immediately complete all incomplete work and arrange another re-inspection. 10.6.There will be no cost to the County for the Contractor to correct deficient work. 11. Bituminous Adjustments:Bituminous adjustments apply under the 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 Contractor's 7 control. Therefore,the prices bid for asphalt may be adjusted each month based on the increased or decreased cost of liquid asphalt. 11.1.FDOT Specifications for Road and Bridge Construction, latest edition, Section 9-2.1.2 ($ Adjustment = (Index Difference)(Gallons)).FDOT Asphalt Price Index will determine the adjustment. 11.2.Bituminous adjustments will be made only when the current API(CAPI)varies by more than 5%of the API prevailing in the month when bids were received(BAPI)and only on the portion that exceeds 5%. 11.2.1. Adjustments are based on liquid asphalt content at 6.25%per ton,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. 14.57 is multiplied by the FDOT asphalt Price Index difference, and that calculation will then be added or subtracted from the original bid price to make the adjusted asphalt price for that month. 11.2.2. Each increase or decrease shall be sent to the County Project Manager,showing the price changes and substantiating the change with a copy of the current month's FDOT Asphalt Price Index(API). 11.2.3. The Asphalt Index Price for this Contract is April 2024. 12. Meetings:Either party may request meetings throughout the contract term,requiring mandatory attendance.The County does not incur additional costs for meetings. 13. Maintenance of Traffic (MOT)/Temporary Traffic Control (TTC): The Contractor is responsible for setting up MOT/TTC with the right equipment and proper placement of lane closed signs,pre-warning signs,arrow boards, traffic cones,message boards,warning devices,barriers,or flagmen. 13.1. The Contractor is responsible for maintaining MOT/TTC while performing services in the right-of-way and roadways. 13.2. MOT/TTC is a requirement for the safety and protection of the Contractor's employees and motorists during service performance. 13.3. It is the Contractor's sole responsibility for safety in the work zone. 13.4. The Contractor must conform to the latest edition of the FDOT, Design Standards, 600 series, and The Manual on Uniform Traffic Control Devices(MUTCD). 13.5. The Contractor is responsible for the MOT/TTC plan,equipment,and setup. 13.6. The certified MOT/TTC employee will meet the County Project Manager or designee within twenty(20) minutes of the initial contact to address work zone safety issues. 13.7. MOT/TTC setup that does not comply,the County will cease operations until MOT/TTC is corrected per the FDOT standards and MUTCD. 14. Work Zone Safety:The Contractor shall use caution while working on County Right-of-Way(ROW)(i.e.,roads, sidewalks,bike paths,etc.),roadway medians,in or around County-owned or operated facilities. 14.1. American National Standards Institute/International Safety Equipment Association(ANSI/ISEA)Class 2 or 3 Vests,T-shirts,or similarly labeled garments depending on the time of day. 14.2. Appropriate work zone signage, cones, barricades or barrels, arrow panels, flagging personnel, and stop/slow paddles. 14.3. An applicable work zone TTC plan based on FDOT and/or MUTCD designs on site. 14.4. The Contractor will maintain access for residents and commercial properties with minimal delays to the traveling public. 15. Licensing / Certifications: Submit valid licenses and certifications with bid submittal, or prior to Notice of Recommended Award. 15.1. Submit one of the following licenses:State of Florida Certified General Contractor,Collier County General Contractor,State of Florida Certified Building Contractor,Collier County Building Contractor,or Collier County Paving Contractor. 15.2. FDOT Prequalified Contractor for Work Classes: Flexible Paving and Hot Plant-Mixed Bituminous 8 Courses. 15.3. Temporary Traffic Control(TTC) or Maintenance of Traffic(MOT),Intermediate Level Certification. 16. Payment and Performance Bonds: Any project valued at $200,000 or greater requires public performance and payment bonds covering the full project costs. 16.1. Bonds must include the following information: Project Costs; Contract Number; Project Title; Departmental Work Order Number(if applicable);and Purchase Order Number. 16.2. The Contractor shall file the bonds with the Clerk of Courts,Records&Minutes Department,then email them to the County Project Manager.No services to start without filed bonds. 16.3. The Contractor must submit receipts for bonds and recording fees for reimbursement. Payment is for the actual amount paid that is shown on the receipts. 17. Price Modifications:Price increase requests may be submitted annually(365 days from the agreement anniversary date). 17.1. Submit price increase requests in writing by email to the County's Contract Administrator no less than 30 days before the annual contract anniversary date for consideration. 17.2. Price increase requests review may take over 60 days to complete. 17.3. Retroactive price adjustments are not authorized. 17.4. The Contractor shall provide supporting documentation justifying price increases (examples: Bureau of Labor Statistics,supplier material agreements,fuel increases,etc.).If there is no documented proof,price increases will not be considered. 17.5. The Contract Administrator shall analyze prices to determine whether increases are fair and reasonable using the following methods: price competition (reviewing competitive bids or offers), market prices, historical prices,or independent estimates. 17.6. During the review process,the Contractor shall continue to fill all purchase orders received at the current agreement prices. 17.7. The Procurement Director has the authority to approve price adjustments in accordance with the Procurement Ordinance,as amended.The bid tabulation shall be modified with the price increases,or an amendment processed,as required,and uploaded into the County's Finance system. 17.8. Price increase requests are not guaranteed. If approved,the Procurement Director or designee will notify the Contractor in writing with the effective date of any approved price increases. 9 CA() Exhibit B Fee Schedule following this page (containing 5 pages) Page 16 of 17 Fixed Term Service Agreement [2024 ver.3] ITB NO.24-8259 ASPHALT PAVING AND RELATED SERVICES Exhibit B FEE SCHEDULE MILLING:Unit price includes traffic control plan,supervision,labor,materials,equipment, mobilization/demobilization,MOT/TTC,sweeping,and disposal. Item Description Qty UOM Unit Price 1 MILLING PROJECTS 0-2500 SY $ 15.00 2 MILLING PROJECTS 2501-10,000 SY $ 6.00 3 MILLING PROJECTS 10,001 -25,000 SY $ 6.00 4 MILLING PROJECTS 25,001 &ABOVE SY $ 6.00 5 MILLING PORTLAND CEMENT CONCRETE 0-50 SY $ 20.00 GRINDING: Unit price includes traffic control plan,supervision,labor,materials, equipment,mobilization/demobilization,MOT/TTC,sweeping,and disposal. Item Description Qty UOM Unit Price 6 CONCRETE GRINDING 0- 100 SF $ 100.00 7 CONCRETE GRINDING 101 -500 SF $ 65.00 8 CONCRETE GRINDING 501 &ABOVE SF $ 33.00 CLASS I ASPHALT(RESURFACING PROJECTS): Unit price information refer to the solicitation document, I. Work Specifications,Section 3.,subsection 3.1. SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM Unit Price 9 SP 9.5/HOT MIX INSTALLED I - 199 TN $ 198.00 10 SP 12.5/HOT MIX INSTALLED I - 199 TN $ 196.00 11 FC 5/HOT MIX INSTALLED I - 199 TN $ 217.00 12 FC 9.5/HOT MIX INSTALLED 1 - 199 TN $ 246.00 13 FC 12.5/HOT MIX INSTALLED 1 - 199 TN $ 239.00 MEDIUM PROJECTS Item Description Qty UOM Unit Price 14 SP 9.5/HOT MIX INSTALLED 200-399 TN $ 121.00 15 SP 12.5/HOT MIX INSTALLED 200-399 TN $ 120.00 16 FC 5/HOT MIX INSTALLED 200-399 TN $ 190.00 17 FC 9.5/HOT MIX INSTALLED 200-399 TN $ 170.00 18 FC 12.5/HOT MIX INSTALLED 200-399 TN $ 163.00 LARGE PROJECTS WITHOUT COMPACTION MONITORING Item Description Qty UOM Unit Price 19 SP 9.5/HOT MIX INSTALLED 400&ABOVE TN $ 118.00 20 SP 12.5/HOT MIX INSTALLED 400&ABOVE TN $ 116.00 21 FC 5/HOT MIX INSTALLED 400&ABOVE TN $ 186.00 Page 1 of 5 C O Item Description Qty UOM Unit Price 22 FC 9.5/HOT MIX INSTALLED 400&ABOVE TN $ 167.00 23 FC 12.5/HOT MIX INSTALLED 400&ABOVE TN $ 160.00 LARGE PROJECTS WITH COMPACTION MONITORING Item Description Qty UOM Unit Price 24 SP 9.5/HOT MIX INSTALLED 400&ABOVE TN $ 120.00 25 SP 12.5/HOT MIX INSTALLED 400&ABOVE TN $ 119.00 26 FC 5/HOT MIX INSTALLED 400&ABOVE TN $ 188.00 27 FC 9.5/HOT MIX INSTALLED 400&ABOVE TN $ 169.00 28 FC 12.5/HOT MIX INSTALLED 400&ABOVE TN $ 161.00 CLASS II ASPHALT(PAVING OVER PREPARED SURFACES): Unit price information refer to the solicitation document, I. Work Specifications,Section 3,subsection 3.2. SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM Unit Price 29 SP 9.5/HOT MIX INSTALLED I -99 TN $ 250.00 30 SP 12.5/HOT MIX INSTALLED I -99 TN $ 250.00 MEDIUM PROJECTS Item Description Qty UOM Unit Price 31 SP 9.5/HOT MIX INSTALLED 100-399 TN $ 140.00 32 SP 12.5/HOT MIX INSTALLED 100-399 TN $ 138.00 LARGE PROJECTS W/O COMPACTION MONITORING Item Description Qty UOM Unit Price 33 SP 9.5/HOT MIX INSTALLED 400&ABOVE TN $ 118.00 34 SP 12.5/HOT MIX INSTALLED 400&ABOVE TN $ 116.00 LARGE PROJECTS W/COMPACTION MONITORING Item Description Qty UOM Unit Price 35 SP 9.5/HOT MIX INSTALLED 400&ABOVE TN $ 120.00 36 SP 12.5/HOT MIX INSTALLED 400&ABOVE TN $ 118.00 CLASS III ASPHALT(SIDEWALKS,BIKE PATHS,PARKING LOTS, ALLEYWAY,PAVED DITCH,MISC.PAVING): Unit price information refer to the solicitation document, 1. Work Specifications,Section 3. ,subsection 3.3. SMALL PROJECTS AND SPOT REPAIRS Item Description Qty UOM Unit Price 37 SP 9.5/HOT MIX INSTALLED 1 -49 TN $ 250.00 38 SP 12.5/HOT MIX INSTALLED 1 -49 I'N $ 250.00 MEDIUM PROJECTS Item Description Qty UOM Unit Price 39 SP 9.5/HOT MIX INSTALLED 50- 199 TN $ 208.00 Page2of5 Item Description Qty UOM Unit Price 40 SP 12.5/HOT MIX INSTALLED 50- 199 TN $ 206.00 LARGE PROJECTS Item Description Qty UOM Unit Price 41 SP 9.5/HOT MIX INSTALLED 200&ABOVE TN $ 148.00 42 SP 12.5/HOT MIX INSTALLED 200&ABOVE TN $ 146.00 OTHER PAVEMENT RELATED WORK: Unit price includes traffic control plan, Temporary Traffic Control,Mobilization,Demobilization,supervision,labor,materials, equipment,and disposal. LIMEROCK CONVERSION PREPARATION Item Description Qty UOM Unit Price 43 FINE GRADE,COMPACT AND PREPARE I -3500 SY $ 9.00 SURFACE FOR PRIME AND SANDING 44 FINE GRADE,COMPACT AND PREPARE 3501 - 10,000 SY $ 9.00 SURFACE FOR PRIME AND SANDING 45 FINE GRADE,COMPACT AND PREPARE 10.000&UP SY $ 9.00 SURFACE FOR PRIME AND SANDING 46 LIMEROCK AND DELIVERY(Project related) 20 I N $ 31.70 PRIME&SAND MIX Item Description Qty UOM Unit Price 47 SMALL PROJECTS 0-3500 SY $ 3.50 48 MEDIUM PROJECTS 3501 - 10,000 SY $ 3.50 49 LARGE PROJECTS 10,000&ABOVE SY $ 3.50 SHOULDER TRIMMING AND REGRADING Item Description Qty UOM Unit Price 50 SHOULDER TRIMMING&REGRADING 1 - 10,000 LF $ 4.00 51 SHOULDER TRIMMING&REGRADING 10,001 &ABOVI: LF $ 4.00 GEOTEXTILE INTERLAYER Item Description Qty UOM Unit Price 52 SMALL PROJECTS 0-3500 SY $ 5.75 53 MEDIUM PROJECTS 3501 - 10,000 SY $ 5.35 54 LARGE PROJECTS 10,000&ABOVE SY $ 5.20 SWALE REWORK Item Description Qty UOM Unit Price 55 SIX FEET(6')WIDE UP TO ONE FOOT(1') I IT' $ 10.00 DEEP 56 SIX FEET(6')WIDE X ONE FOOT(1')PLUS I I.F $ 10.00 BASE WORK PREPARATION Item Description Qty UOM Unit Price 57 FOUR INCH(4")COMPACTED DEPTH I SY $ 40.00 Page 3 of 5 Item Description Qty UOM Unit Price 58 SIX INCH(6")COMPACTED DEPTH 1 SY $ 45.00 59 EIGHT INCH(8")COMPACTED DEPTH 1 SY $ 50.00 60 TWELVE INCH(12")COMPACTED DEPTH 1 SY $ 55.00 SHOULDER WIDENING Item Description Qty UOM Unit Price 61 EIGHT INCH(8")COMPACTED DEPTH 1 SY $ 85.00 62 TWELVE INCH(12")COMPACTED DEPTH 1 SY $ 98.00 SHOULDER BACKUP W/AGGREGATE Item Description Qty UOM Unit Price 63 SHOULDER BACKUP 1 -500 TN $ 35.00 64 SHOULDER BACKUP 501 &ABOVE TN $ 35.00 SOD WITH INSTALLATION Item Description Qty UOM Unit Price 65 BAHIA I SF $ 5.00 66 FLORATAM I SF $ 5.00 67 ZOYSIA 1 SF $ 5.00 SPEED TABLE INSTALLATION 68 TRAFFIC CALMING DEVICE 1 EA $ 1,500.00 SURFACE PROTECTION Item Description Qty UOM Unit Price 69 SAND 1 CY $ 15.00 71 BOARDS 1 SY $ 10.00 ASPHALT CURB Item Description Qty UOM Unit Price 71 ASPHALT CURB 1 I,F $ 100.00 MISCELLANEOUS SERVICES AND LABOR Item Description Qty UOM Unit Price 72 WATER TRUCK W/OPERATOR&WATER 1 HR $ 80.00 73 SWEEPER W/OPERATOR 1 HR $ 175.00 74 DISTRIBUTOR TRUCK W/OPERATOR 1 HR $ 130.00 75 DUMP TRUCK W/OPERATOR 1 HR $ 95.00 76 LIGHTING PLANT PER DAY 1 EA $ 60.00 77 PORTABLE VARIABLE MESSAGE SIGN PI;R EA $ 25.00 Y 78 OFF DUTY LAW ENFORCEMENT 1 I1R $ 95.00 OFFICER W/MARKED VEHICLE 79 SUPERINTENDENT I 11 R $ 93.00 Page 4 of 5 Item Description Qty UOM Unit Price 80 FOREMAN I HR $ 75.00 81 OPERATOR 1 HR $ 47.00 82 LABORER I HR $ 37.00 MATERIALS: Collier County to pickup materials-the pickup location must be within the borders of Collier County. Item Description Qty UOM Unit Price 83 ASPHALT COLD PATCH I TN $ 150.00 84 SP 9.5/ASPHALT HOT MIX I TN $ 72.00 85 SP 12.5/ASPHALT HOT MIX I TN $ 71.00 86 FC 5/ASPHALT HOT MIX I TN $ 144.00 87 FC 9.5/ASPHALT HOT MIX I TN $ 122.00 88 FC 12.5/ASPHALT HOT MIX I TN $ 114.00 89 LIMEROCK-COUNTY PICKUP 20 TN $ 20.00 90 TRACKLESS TRACK 1 GAL $ 4.00 Material Markup not to exceed 15% Equipment Markup not to exceed 10% Subcontractor Markup not to exceed 15% *Markups are only applicable as identified in Section 5.14 of Scope Page 5 of 5 C/SO Other Exhibit/Attachment Description: Payment and Performance Bonds • following this page (containing 6 pages) ❑ this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement [2024_ver.31 BONDS When a construction project is in excess of$200,000, the Contractor(s) shall be required to provide Payment and Performance Bonds. When required by Owner, the Contractor shall furnish a Performance and/or Payment Bond prior to commencing performance,for the full amount of the Work,which shall act as a security guaranteeing the performance of the Contractor's work and the payment by the Contractor to any other party(ies) providing labor and/or materials in connection with each construction or renovation project performed by the Contractor.The bonds shall be furnished using the forms prescribed in Exhibit"B-1"and Exhibit"B-2", attached hereafter. If the surety for any bond furnished by Contractor is declared bankrupt, becomes insolvent, its right to do business in the State of Florida, terminates or it ceases to meet the requirements imposed by the Contract Documents, the Contractor shall,within five (5) calendar days thereafter, substitute another bond and surety, both of which shall be subject to the Owner's approval. EXHIBIT B— 1: PUBLIC PAYMENT BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal/Contractor, and , as Surety, located at (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of ($24-8259 ), this includes allowance 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 (Project) 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 undersigned representative, pursuant to authority of its governing body. [2024_ver.1] Signed, sealed and delivered in the presence of: PRINCIPAL/CONTRACTOR: Signature Name and Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 by as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: SURETY: 5701 E. Hillsborough Ave. Suite 1122 Authorized Signature Tampa, FL 33610 (Printed Name) (Business Address) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 by as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: OR POWER OF ATTORNEY IN FACT [2024_ver.1] As Attorney in Fact Signature (Attach Power of Attorney (Printed Name) Craig Ketron 813-612-5740 (Business Address) STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or _online notarization, this_day of 20 by as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) Name: (Legibly Printed) Notary Public, State of Commission No.: [2024_ver.1] EXHIBIT B—2: PUBLIC PERFORMANCE BOND Bond No. Contract No. KNOW ALL MEN BY THESE PRESENTS: That as Principal/Contractor, and , as Surety, located at (Business Address) are held and firmly bound to Collier County Board of County Commissioners as Oblige in the sum of ($24-8259 ), in accordance with drawings and specifications, which contract is incorporated by reference and made a part hereof, and is referred to herein 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 Obligee any and all losses, damages, costs, and attorneys' fees that Obligee sustains because of any default by Principal under the Contract, including, but not limited to, all delay damages, whether liquidated or actual, incurred by Obligee; 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, alterations 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 Obligee for more than the penal sum of this Performance Bond regardless of the number of suits that may be filed by Obligee. IN WITNESS WHEREOF, the above parties have executed this instrument this day of , 20 , the name of each party being affixed, and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. [2024_ver.1] Signed, sealed and delivered in the presence of: PRINCIPAL/CONTRACTOR: Signature Name and Title STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 by as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: SURETY: 5701 E. Hillsborough Ave. Suite 1122 Authorized Signature Tampa, FL 33610 (Printed Name) (Business Address) STATE OF COUNTY OF Preferred M The foregoing instrument was acknowledged before me by means of physical presence or online notarization, this day of 20 by as of a corporation, on behalf of the corporation. He/She is personally known to me OR has produced identification and did (did not) take an oath. My Commission Expires: (Signature of Notary) (AFFIX OFFICIAL SEAL) (Legibly Printed) Notary Public, State of Commission No.: [2024_ver.1]