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2195 IRFQ 19/20-124 Middlesex Paving-Piggyback w/Sem Co�r�wl 4 FINANCE DEPARTMEN I'ZZ A 1'�'i�'��, ❑ Development Order ❑ Mayor's signature ❑ Final Plat (original mylars) ❑ Recording ❑ Letter of Credit ❑ Rendering ❑ Maintenance Bond ® Safe keeping (Vault) ❑ Ordinance ❑ Deputy City Manager ❑ Performance Bond ❑ Payment Bond ❑ Resolution ❑ City Manager Signature ❑ ❑ City Clerk Attest/Signature ❑ City Attorney/Signature Once completed, please: ❑ Return originals to Purchasing- Department ❑ Return copies Special Instructions: Li,v� 13ojad�z.4e r 2./2.6/20 From Date SharePoint Finance_Purchasing_Forms - 2018.doc • I "Jus FINANCE DEPARTMENT February 10, 2020 "Z, Contract/Agreement Name: PBA 19/20-53 Middlesex Paving Piggyback with Seminole County Approval: bo IL;o, JPur4cabsingg Mana4gger-u' Date ot Finan Director City Attorney ZI to fJ�Gr� s0-� Q1 DCLI �3�,3LC) Date 2.-,//, 2 e1Z e) Date Middlesex Paving, LLC Piggyback Contract (PBA 19/20-53) (Paving) The City of Sanford ("City") enters this "Piggyback" Contract with Middlesex Paving, LLC, a Florida limited liability company (hereinafter referred to as the "Vendor"), whose principal and mailing address is 10801 Cosmonaut Boulevard, Orlando, Florida 32824, under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: (1). The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with the government of Seminole County, Florida, said contract being identified as implementing "IFB-603616-19/BJC", as may have been amended, in order for the Vendor to provide for a pavement management program relating to the City's various programs and projects as the City may deem desirable (said original contract being referred to as the "original government contract"). (2). The original government contract documents are incorporated herein by reference and is attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein; provided, however, that the City will negotiate and enter work orders/purchase orders with the Vendor in accordance with City policies and procedures for particular goods and services. (3). Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical 1 provisions of the original government contract as applied to this Contract between the Vendor and the City, as follows: (a). Time Period ("Term") of this Contract: (state N/A if this is not applicable). N/A. Notwithstanding any provisions, however, this Contract shall not be operative for a period of time exceeding 5 years. (b). Insurance Requirements of this Contract: (state N/A if this is not applicable). N/A. (c). Any other provisions of the original government contract that will be modified: (state N/A if this is not applicable). N/A. (d). Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is: Bilal Iftikhar, P.E., J.D. Director Utilities, Public Works Department City of Sanford Post Office Box 1788 Sanford, Florida 32772-1788 Phone: 407.688-5085 E-mail address: BILAL.IFTIKHAR@Sanfordfl.gov (e). Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties 2 arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. (f). Notwithstanding any other provision in the original government contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non-binding mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. (g). All the goods and services to be provided or performed shall be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State or local regulatory agency. (h). (1). IF THE CONTRACTORIVENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI HOUCHIN, CMC, ECRM, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH PARK AVENUE, SANFORD, FLORIDA 32771, TRACI.HOUCHIN@SANFORDFL.GOV. (II). In order to comply with Section 119.0701, Florida Statutes, public records laws, the Vendor must: 3 (A). Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. (B). Provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (C). Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (D). Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Vendor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. (111). If the Vendor does not comply with a public records request, the City shall enforce the contract provisions in accordance with this Agreement. (IV). Failure by the Vendor to grant such public access and comply with public records requests shall be grounds for immediate unilateral cancellation of this Agreement by the City. The Vendor shall promptly provide the City with a copy of any request to inspect or copy public records in possession of the Vendor and shall promptly provide the City with a copy of the Vendor's response to each such request. (i). All other provisions in the original government contract are fully binding on the parties and will represent the agreement between the City and the Vendor. 4 0' Entered this day of February, 2020. Attest: Approved as to form and legal sufficie Colbert City Attorney Middlesex Paving, LLC, Florida limited liability company. By: Joe T. 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CL CL CL 0- 0- CL :3 D 2 :3 2 :3 2 :3 2 =1 2 :3 p (D (D (D (D (D (D (D e1 e TERM CONTRACT FOR PAVEMENT MANAGEMENT PROGRAM SERVICES (IFB-603616-19/BJC) THIS AGREEMENT is dated as of the ,2?4 day of 4" /�% , by and between MIDDLESEX PAVING, LLC, duly authorized to conduct business in the State of Florida, whose address is 10801 Cosmonaut Boulevard, Orlando, Florida 32824, in this Agreement "CONTRACTOR," and SEMINOLE COUNTY, a charter county and political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East 1st Street, Sanford, Florida 32771, in this Agreement "COUNTY." WITNESSETH: WHEREAS, COUNTY desires to retain the services of a competent and qualified contractor to provide Pavement Management Program services in Seminole County; and WHEREAS, COUNTY has requested and received expressions of interest for the retention of services of contractors; and WHEREAS, CONTRACTOR is competent, qualified, and desires to provide services according to the terms and conditions stated in this Agreement, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth in this Agreement, COUNTY and CONTRACTOR agree as follows: Section 1. Services. COUNTY hereby retains CONTRACTOR to provide services as further described in the Scope of Services attached as Exhibit A and made a part of this Agreement. CONTRACTOR is also bound by all requirements as contained in the solicitation package, all addenda to this package, and CONTRACTOR's submission in response to this solicitation. Required services will be specifically enumerated, described, and depicted in the Release Orders authorizing purchase of specific services. This Agreement standing alone does not authorize the purchase of services or require COUNTY to place any orders for work. CERTIFIED COPY. GRANT MALOY Term Contract for Pavement Management PE CIRCUIT COURT rogram ServicARD COMPTROLLER is (IFB-603616-19/BJC) SE INOLE COUN , FLORIDA Page 1 of 21 B f PUTY CLERK Section 2. Term. This Agreement takes effect on the date of its execution by COUNTY and continues for a period of three (3) years. At the sole option of COUNTY, this Agreement may be renewed for two (2) successive periods not to exceed one (1) year each. Expiration of the term of this Agreement will have no effect upon Release Orders issued pursuant to this Agreement and prior to the expiration date. Obligations by both parties under such Release Orders will remain in effect until delivery and acceptance of the services authorized by the respective Release Order. The first three (3) months of the initial tenn are considered probationary. During the probationary period, COUNTY may immediately terminate this Agreement at any time, with or without cause, upon written notice to CONTRACTOR. Section 3. Authorization for Services. (a) Authorization for provision of services by CONTRACTOR under this Agreement must be in the form of written Release Orders issued and executed by COUNTY. A sample Release Order is attached as Exhibit B. Each Release Order will describe the services required, state the dates for delivery of services, and establish the amount and method of payment. The Release Orders must be issued under and incorporate the terms of this Agreement. COUNTY makes no covenant or promise as to the number of available Release Orders or that CONTRACTOR will perform any Release Order for COUNTY during the life of this Agreement. COUNTY reserves the right to contract with other parties for the services contemplated by this Agreement when it is determined by COUNTY to be in the best interest of COUNTY to do so. (b) All contractors will be invited to participate in the quoting process for each project as directed by COUNTY's representative. Detailed technical information will be provided to each contractor, and they will have the opportunity to submit a quote based on the not -to -exceed price structure established in this Agreement. The final bids will normally be submitted on either a lump Term Contract for Pavement Management Program Services (IFB-603616-19/BJC) Page 2 of 21 sum bid or unit price basis, as stipulated by COUNTY's representative. A lump sum bid will represent the total price for which a contractor offers to complete the work according to the detailed plans and specifications. Unit price bidding will be used in projects for which the quantity of materials or the amount of labor involved in some key tasks is particularly uncertain. In such cases, the contractors will be allowed to submit a list of unit prices for those tasks, computed by multiplying the quoted unit price for each specified task by the corresponding quantity in COUNTY representative's estimates for quantities. However, the total payment to the selected contractor will be based on the actual quantities multiplied by the respective quoted unit prices. Section 4. Time for Completion. The services to be provided by CONTRACTOR must be delivered, as specified in such Release Orders as may be issued under this Agreement, within the time specified in the Release Order. Section S. Compensation. COUNTY shall compensate CONTRACTOR for the services provided for under this Agreement on a Fixed Fee basis. When a Release Order is issued on a Fixed Fee basis, then the applicable Release Order Fixed Fee amount will include any and all reimbursable expenses and will be based on the unit pricing attached to this Agreement, or as reduced in the quoting process leading to specific Release Orders. Section 6. Payment and Billing. (a) CONTRACTOR shall supply all services required by the Release Order, but in no event will CONTRACTOR be paid more than the negotiated Fixed Fee amount stated within each Release Order. (b) For Release Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the amount due based on the percentage of total Release Order services actually provided, but in no Term Contract for Pavement Management Program Services (IFB-603616-19/BJC) Page 3 of 21 event may the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed. (c) COUNTY shall make payments to CONTRACTOR when requested as services are provided, but not more than once monthly. Each Release Order will be invoiced separately. At the close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice, properly dated, describing any services provided, the cost of the services provided, the name and address of CONTRACTOR, Release Order Number, Contract Number, and any other information required by this Agreement. (d) The original invoice must be sent to: Director of County Comptroller's Office Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 A copy of the invoice must be_sent ,to: Public Works Department/Engineering Division 100 East 1 st Street Sanford, Florida 32771 (e) Upon review and approval of CONTRACTOR's invoice, COUNTY shall pay CONTRACTOR the approved amount, in accordance with the terms as set forth in Chapter 218, Part VII, Florida Statutes. Section 7. General Terms of Payment and Billing. (a) Upon satisfactory delivery of services required under this Agreement and upon acceptance of the services by COUNTY, CONTRACTOR may invoice COUNTY for the full amount of compensation provided for under the terms of this Agreement less any amount already paid by COUNTY. Term Contract for Pavement Management Program Services (IFB-603616-19BJC) Page 4 of 21 0 e (b) COUNTY may perform or have performed an audit of the records of CONTRACTOR at any time during the term of this Agreement and after final payment to support final payment under this Agreement. Audits may be performed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensation to CONTRACTOR may be determined subsequent to an audit as provided for in this Section and the total compensation so determined will be used to calculate final payment to CONTRACTOR. Performance of this audit will not delay final payment as provided by subsection (a) of this Section. (c) CONTRACTOR shall maintain all books, documents, papers, accounting records, and other evidence pertaining to services provided under this Agreement in such a manner as will readily conform to the terms of this Agreement. CONTRACTOR shall make such materials available at CONTRACTOR's office at all reasonable times during the term of this Agreement and for five (5) years from the date of final payment under the contract for audit or inspection as provided for in subsection (b) of this Section. (d) In the event any audit or inspection conducted after final payment but within the period provided in paragraph (c) of this Section reveals any overpayment by COUNTY under the terns of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty (30) days of notice by COUNTY. Section S. No Waiver by Forbearance. COUNTY's review of, approval and acceptance of, or payment for the materials or services required under this Agreement does not operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. CONTRACTOR is and will always remain liable to COUNTY in accordance with applicable law for any and all damages to COUNTY caused by CONTRACTOR's negligent or wrongful provision of any of the materials or services provided under this Agreement. Term Contract for Pavement Management Program Services (IFB-603616-19BJC) Page 5 of 21 Section 9. Termination. (a) COUNTY may, by written notice to CONTRACTOR, terminate this Agreement or any Release Order issued under this Agreement, in whole or in part, at any time, either for COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its obligations under this Agreement. Upon receipt of such notice, CONTRACTOR shall immediately discontinue all services affected, unless the notice directs otherwise, and deliver to COUNTY all data, drawings, specifications, reports, estimates, summaries, and any and all such other inforination and materials of whatever type or nature as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of COUNTY, CONTRACTOR will be paid compensation for services performed to the date of termination. (c) If the termination is due to the failure of CONTRACTOR to fulfill its obligations under this Agreement, COUNTY may take over the work and carry it to completion by other agreements or otherwise. In such case, CONTRACTOR will be liable to COUNTY for all reasonable additional costs associated with CONTRACTOR's failure to fulfill its obligations under this Agreement. (d) CONTRACTOR will not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of CONTRACTOR, but CONTRACTOR will be responsible and liable for the actions by its subcontractors, agents, employees, persons, and entities of a similar type or nature. Matters beyond the fault or negligence of CONTRACTOR include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually Term Contract for Pavement Management Program Services (IFB-603616-19lBJC) Page 6 of 21 severe weather, but in every case the failure to perform must be beyond the control and without any fault or negligence of CONTRACTOR. (e) If after notice of termination for CONTRACTOR's failure to fulfill its obligations under this Agreement it is determined that CONTRACTOR had not so failed, the termination will be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement price will be made as provided in subsection (b) of this Section. (f) The rights and remedies of COUNTY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by law or under this Agreement. Section 10. Agreement and Release Order in Conflict. Wherever the terms of this Agreement conflict with any Release Order issued pursuant to it, this Agreement will prevail. Section 11. Equal Opportunity Employment. CONTRACTOR shall not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age, disability, or national origin. CONTRACTOR shall take steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability, or national origin. This provision includes, but is not limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training including apprenticeship. Section 12. No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely Term Contract for Pavement Management Program Services (IFB-603616-19BJC) Page 7 of 21 for CONTRACTOR, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, COUNTY will have the right to terminate the Agreement at its sole discretion without liability and to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift, or consideration. Section 13. Conflict of Interest. (a) CONTRACTOR shall not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY or violate or cause others to violate the provisions of Chapter 112, Part III, Florida Statutes, relating to ethics in government. (b) CONTRACTOR hereby certifies that no officer, agent, or employee of COUNTY has any material interest (as defined in Section 112.312(15), Florida Statutes, as over 5%), either directly or indirectly, in the business of CONTRACTOR to be conducted under this Agreement and that no such person will have any such interest at any time during the term of this Agreement. Section 14. Assignment. Neither this Agreement nor any interest in it may be assigned, transferred, or otherwise encumbered under any circumstances by either party without prior written consent of the other party and in such cases only by a document of equal dignity with this Agreement. Section 15. Subcontractors. CONTRACTOR shall first secure the prior written approval of COUNTY before engaging or contracting for the services of any subcontractors under this Agreement. CONTRACTOR will remain fully responsible to COUNTY for the services of any subcontractors under this Agreement. Term Contract for Pavement Management Program Services (IFB-603616-19BJC) Page 8 of 21 Section 16. Indemnification of COUNTY. To the fullest extent permitted by law, CONTRACTOR shall hold harmless, release, and indemnify COUNTY, its commissioners, officers, employees, and agents from any and all claims, losses, damages, costs, attorney fees, and lawsuits for damages arising from, allegedly arising from, or related to CONTRACTOR's provision of materials or services under this Agreement caused by CONTRACTOR's act or omission in the performance of this Agreement. Section 17. Insurance. (a) General. CONTRACTOR shall procure and maintain insurance required under this Section at CONTRACTOR's own cost. (1) CONTRACTOR shall provide COUNTY with a Certificate of Insurance on a current ACORD Form signed by an authorized representative of the insurer evidencing the insurance required by this Section (Professional Liability, Workers' Compensation/Employer's Liability, Commercial General Liability, and Business Auto). The Certificate must have the Agreement number for this Agreement clearly marked on its face. COUNTY, its officials, officers, and employees must be named additional insureds under the Commercial General Liability, Umbrella Liability and Business Auto policies. If the policy provides for a blanket additional insured coverage, CONTRACTOR shall provide a copy of the section of the policy along with the Certificate of Insurance. If the coverage does not exist, the policy must be endorsed to include the named additional insureds as described in this subsection. The Certificate of Insurance must provide that COUNTY will be provided, by policy endorsement, not less than thirty (30) days written notice prior to the cancellation or non -renewal, or by a method acceptable to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement Term Contract for Pavement Management Program Services (IFB-603616-19BJC) Page 9 of 21 Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate of Insurance has been provided. (2) In addition to providing the Certificate of Insurance on a current ACORD Form, upon request as required by COUNTY, CONTRACTOR shall provide COUNTY with a certified copy of each of the policies of insurance providing the coverage required by this Section within thirty (30) days after receipt of the request. Certified copies of policies may only be provided by the insurer, not the agent or broker. (3) Neither approval by COUNTY nor failure to disapprove the insurance provided by CONTRACTOR will relieve CONTRACTOR of its full responsibility for performance of any obligation, including its indemnification of COUNTY, under this Agreement. (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement must meet the following requirements: (1) Companies issuing policies must be authorized to conduct business in the State of Florida and prove such authorization by maintaining Certificates of Authority or Letters of Eligibility issued to the companies by the Florida Office of Insurance Regulation. Alternatively, policies required by this Agreement for Workers' Compensation/Employers' Liability, may be those authorized as a group self -insurer by Section 624.462 1, Florida Statutes. (2) In addition, such companies must have and maintain, at a minimum, a Best's Rating of "A-" and a minimum Financial Size Category of "VII" according to A.M. Best Company. (3) If, during the period that an insurance company is providing the insurance coverage required by this Agreement, an insurance company (i) loses its Certificate of Authority, or (ii) fails to maintain the requisite Best's Rating and Financial Size Category, the CONTRACTOR shall immediately notify COUNTY as soon as CONTRACTOR has knowledge Term Contract for Pavement Management Program Services (IFB-603616-19BJC) Page 10 of 21 of any such circumstance and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR will be deemed to be in default of this Agreement. (c) Specifications. Without limiting any of the other obligations or liability of CONTRACTOR, CONTRACTOR shall procure, maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection, at CONTRACTOR's sole expense. Except as otherwise specified in this Agreement, the insurance will become effective. upon execution of this Agreement by CONTRACTOR and must be maintained in force until the expiration of this Agreement's term or the expiration of all Orders issued under this Agreement, whichever comes last. Failure by CONTRACTOR to maintain this required insurance coverage within the stated period will constitute a material breach of this Agreement, for which COUNTY may immediately terminate this Agreement. The amounts and types of insurance must conform to the following minimum requirements: (1) Workers' Compensation/Employer's Liability. (A) CONTRACTOR's insurance must cover it for liability that would be covered by the latest edition of the standard Workers' Compensation policy as filed for use in Florida by the National Council on Compensation Insurance without restrictive endorsements. CONTRACTOR is also responsible for procuring proper proof of coverage from its subcontractors of every tier for liability that is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum required limits to be provided by both CONTRACTOR and its subcontractors are outlined in subsection (C) below. In addition to coverage for the Florida Term Contract for Pavement Management Program Services (IFB-603616-19/BJC) Page 11 of 21 Workers' Compensation Act, where appropriate, coverage must be included for the United States Longshoremen and Harbor Workers' Compensation Act, Federal Employees' Liability Act, and any other applicable Federal or State law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation policy, there will be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard Workers' Compensation policy. (C) The minimum amount of coverage under Part Two of the standard Workers' Compensation policy is required to be the following: $500,000.00 (Each Accident) $500,000.00 (Disease -Policy Limit) $500,000.00 (Disease -Each Employee) (2) Commercial General Liability. (A) CONTRACTOR's insurance must cover it for those sources of liability that would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage must not contain any endorsements excluding or limiting Products/Completed Operations, Contractual Liability, or Separation of Insureds. (B) CONTRACTOR shall maintain these minimum insurance limits: General Aggregate Two Times (2x) the Each Occurrence Limit Personal & Advertising $1,000,000.00 Injury Limit Each Occurrence Limit $1,000,000.00 Pollution Liability $1,000,000.00 Term Contract for Pavement Management Program Services (1FB-603616-19BJC) Page 12 of 21 (3) Professional Liability Insurance. CONTRACTOR shall carry Professional Liability Insurance with limits of not less than One Million and No/100 Dollars ($1,000,000.00). (4) Business Auto Policy. (A) CONTRACTOR's insurance must cover CONTRACTOR for those sources of liability which would be covered by Section II of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of Florida by the Insurance Services Office. Coverage must include owned, non -owned, and hired autos or any auto used by CONTRACTOR. In the event CONTRACTOR does not own automobiles, CONTRACTOR shall maintain coverage for hired and non -owned auto liability for autos used by CONTRACTOR, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. If the contract involves operations governed by Sections 29 or 30 of the Motor Carrier Act of 1980, endorsement MCS -90 is required. (B) The minimum limits to be maintained by CONTRACTOR must be per -accident combined single limit for bodily injury liability and property damage liability. (C) The minimum amount of coverage under the Business Auto Policy is required to be the following: Combined Single Limit $1,000,000.00 (d) Coverage. The insurance provided by CONTRACTOR pursuant to this Agreement must apply on a primary and non-contributory basis, and any other insurance or self-insurance maintained by COUNTY or COUNTY's officials, officers, or employees must be in excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR. (e) Occurrence Basis. The Workers' Compensation policy, the Commercial General Liability, and the Umbrella policy required by this Agreement must be provided on an occurrence Term Contract for Pavement Management Program Services (IFB-603616-19BJC) Page 13 of 21 rather than a claims -made basis. The Professional Liability insurance policy may be on an occurrence basis or claims -made basis. If a claims -made basis, the coverage must respond to all claims reported within three (3) years following the period for which coverage is required and which would have been covered had the coverage been on an occurrence basis. (f) Obligations. Compliance with the foregoing insurance requirements will not relieve CONTRACTOR, its employees, or its agents of liability from any obligation under this Section or any other Section of this Agreement. Section 18. Dispute Resolution. (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties shall exhaust COUNTY administrative dispute resolution procedures prior to filing a lawsuit or otherwise pursuing legal remedies. COUNTY administrative dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures," Seminole County Administrative Code. COUNTY administrative dispute resolution procedures for contract claims related to this Agreement, other than for proper invoice and payment disputes, are set forth in Section 3.5540, "Contract Claims," Seminole County Administrative Code. (b) In any lawsuit or legal proceeding arising under this Agreement, CONTRACTOR hereby waives any claim or defense based on facts or evidentiary materials that were not presented for consideration in COUNTY administrative dispute resolution procedures set forth in subsection (a) above of which CONTRACTOR had knowledge and failed to present during COUNTY administrative dispute resolution procedures. (c) In the event that COUNTY administrative dispute resolution procedures are exhausted and a lawsuit or legal proceeding is filed, the parties shall exercise best efforts to resolve Term Contract for Pavement Management Program Services (IFB-603616-191BJC) Page 14 of 21 disputes through voluntary mediation and to select a mutually acceptable mediator. The parties participating in the voluntary mediation shall share the costs of mediation equally. Section 19. Representatives of COUNTY and CONTRACTOR. (a) It is recognized that questions in the day to day conduct of performance pursuant to this Agreement may arise. Upon request by CONTRACTOR, COUNTY shall designate and advise CONTRACTOR in writing of one or more of its employees to whom to address all communications pertaining to the day-to-day conduct of this Agreement. The designated representative will have the authority to transmit instructions, receive information, and interpret and define COUNTY's policy and decisions pertinent to the work covered by this Agreement. (b) At all times during the normal work week, CONTRACTOR shall designate or appoint one or more representatives who are authorized to act on behalf of CONTRACTOR and bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement, and who will keep COUNTY continually and effectively advised of such designation. Section 20. All Prior Agreements Superseded. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained in this Agreement and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation from the terms of this Agreement may be predicated upon any prior representations or agreements, whether oral or written. Section 21. Modifications, Amendments, or Alterations. No modification, amendment, or alteration in the terms or conditions contained in this Agreement will be effective Term Contract for Pavement Management Program Services (IFB-603616-19/3JC) Page 15 of 21 unless contained in a written amendment executed with the same formality and of equal dignity with this Agreement. Section 22. Independent Contractor. Nothing in this Agreement is intended or may be construed as in any manner creating or establishing a relationship of co-partners between the parties, or as constituting CONTRACTOR (including its officers, employees, and agents) as an agent, representative, or employee of COUNTY for any purpose or in any manner whatsoever. CONTRACTOR is and will remain forever an independent contractor with respect to all services performed under this Agreement. Section 23. Employee Status. Persons employed by CONTRACTOR in the performance of services and functions pursuant to this Agreement have no claim to pension, workers' compensation, unemployment compensation, civil service, or other employee rights or privileges granted to COUNTY's officers and employees, either by operation of law or by COUNTY. Section 24. Services Not Provided For. No claim for services provided by CONTRACTOR not specifically provided for in this Agreement will be honored by COUNTY. Section 25. Public Records Law. (a) CONTRACTOR acknowledges COUNTY's obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY's request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR's possession, or shall allow COUNTY to inspect or Term Contract for Pavement Management Program Services (IFB-603616-19BJC) Page 16 of 21 copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.070 1, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services required under this Agreement, (2) CONTRACTOR shall provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. Term Contract for Pavement Management Program Services (IFB-603616-19/BJC) Page 17 of 21 (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119. 10, Florida Statutes. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR's DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 407-665-71169 PURCHASEMINOLECOUNTYFL.GOV, PURCHASING AND CONTRACTS DIVISION, 1301 EAST SECOND STREET, SANFORD, FL 32771. Section 26. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be in the courts of Seminole County, Florida. Section 27. Compliance with Laws and Regulations. In providing all services pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to or regulating the provision of such services, including those now in effect and subsequently adopted. Any violation of these statutes, ordinances, rules, or regulations will Term Contract for Pavement Management Program Services (IFB-603 616-19/BJC) Page 18 of 21 constitute a material breach of this Agreement and will entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. Section 28. Patents and Royalties. Unless otherwise provided, CONTRACTOR is solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. CONTRACTOR, without exception, shall indemnify and save harmless COUNTY and its employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured or supplied by CONTRACTOR. In the event of any claim against COUNTY of copyright or patent infringement, COUNTY shall promptly provide written notification to CONTRACTOR. If such a claim is made, CONTRACTOR shall use its best efforts to promptly purchase for COUNTY any infringing products or services or procure a license at no cost to COUNTY that will allow continued use of the service or product. If none of the alternatives are reasonably available, COUNTY shall return the article on request to CONTRACTOR and receive reimbursement, if any, as maybe determined by a court of competent jurisdiction. Section 29. Notices. Whenever either party desires to give notice to the other, it must be given by written notice, sent by registered or certified United States mail, return receipt requested, addressed to the party for whom it is intended at the place last specified. The place for giving of notice will remain such until it has been changed by written notice in compliance with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice: For COUNTY: Public Works Department/Engineering Division 100 East 1 st Street Sanford, Florida 32771 Term Contract for Pavement Management Program Services (IFB-603616-19BJC) Page 19 of 21 For CONTRACTOR: Middlesex Paving, LLC 10801 Cosmonaut Boulevard Orlando, Florida 32824 Section 30. Rights At Law Retained. The rights and remedies of COUNTY provided for under this Agreement are in addition and supplemental to any other rights and remedies provided by law. Section 31. Headings and Captions. All headings and captions contained in this Agreement are provided for convenience only, do not constitute a part of this Agreement, and may not be used to define, describe, interpret or construe any provision of this Agreement. IN WITNESS WHEREOF, the parties have made and executed this Agreement for the purposes stated above. ATTEST: Jt& c,Z. Witness Print Name IN, Witness A Print Name ea-Ift' hl i Vice President-Preconstruction Title lg—i '? —/ R Date [Balance of this page intentionally blank; signature page continues on Page 211 Term Contract for Pavement Management Program Services (IFB-603616-19/BJC) Page 20 of 21 Witness /i • C*C,, i , He,,..W Print Name Witness c64 Print Name For the use and reliance of Seminole County only. Approved as to form and legal sufficiency. County Attorney DGS/dre 11/6/19 SEM LINTY LORIDA By: BETSY CanaN, Acting Purchasing and Contracts gen Date: As authorized for execution by the Bard of County Commissioners at its --�tlllollq , 2019, regular meeting. Attachments: Exhibit A - Scope of Services and Fee Structure Exhibit B - Sample Release Order T:\Users\Legal Secretary CSB\Purchasing 2019\IFB-603616-19 BJC Middlesex.docx Term Contract for Pavement Management Program Services (IFB-603616-19/BJC) Page 21 of 21 SUBMIT BIDS TO: INVITATION FOR BID Seminole County 1301 East 2nd Street And Sanford, Florida 32771 Bidder Acknowledgment Attn: PURCHASING & CONTRACTS (PCD) IFB-603616-19/BJC Contact: Betsy J. Cohen, CPM, CPPO Procurement Administrator PAVEMENT MANAGEMENT Phone: 407-665-7112 PROGRAM FOR SEMINOLE Email: bcohen(&-seminolecountyfl.ciov COUNTY - REBID Due Date: October 23, 2019 at 2:00 PM (Eastern Standard Time) Location of Public Openinn: Purchasing & Contracts Division, 1301 East 2"d Street, Sanford, FL 32771 Proposer Name: Federal Employer ID Number: Middlesex Paving, LLC. 46-1625297 Mailing Address: If returning as a "No Submittal', state reason (if so, return only this pane): 10801 Cosmonaut Blvd City, State, Zip: Orlando Florida 32824 Type of Entity (Circle one): Corporation The undersigned Bidder hereby Partnership Proprietorship Joint Venture acknowledges receipt of Addenda Incorporated in the State of: Florida Numbers_ through 2 List of Principals: Please see Attachment "A" 1- N 19 Aut ed Si ture (Manu l) Date Email Address: dsocci middlesexco.com TvDed Name: David SOW Telephone Number: 978-742-4410 Title: Sr. V.P. Preconstruction and Manager Fax Number: 407-206-3558 Date: October 23 2019 THIS FORM MUST BE COMPLETED AND RETURNED WITH WRITTEN BID The Bidder is expected to completely analyze the information contained in this invitation for Bid (IFB) as guidance for the preparation of their written submittal. The Bidder's written bid should be speck, detailed, and complete in order to clearly and fully demonstrate the Bidder's understanding of the requested work and/or delivery requirements. EXHIBIT A Scope of Services Seminole County Specification Hierarchy: All requirements set forth by this IFB contract shall adhere to the rules and conditions described in Seminole County's General Conditions for Road, Bridge & Utility Construction http://www.seminolecountyfl.gov/fs/purchasing/pdf/800roads.pdf. In addition, the attached Supplemental Specifications for this contract shall take priority to the County's General Condition as they are specific to the pay items and basis of payment for this contract. Bidder must be Florida Department of Transportation (FDOT) Prequalified in the following categories: • Hot Plant -mixed Bituminous Courses • Flexible Paving PAY ITEM NOTES GROUP I — Asphaltic Concrete Superpave Asphaltic Concrete Included in the price of asphalt will be cost of all work and materials associated with the following items: 105 Quality Control; 300 Tack, Prime and Sand. (Section 334). Basis of payment shall be under: Items No. 334-1-xx Superpave Asphaltic Concrete - per ton. Asphalt Concrete Friction Course Included in the price of asphalt will be cost of all work and materials associated with the following items: 105 Quality Control; 300 Tack, Prime and Sand. (Section 337). Basis of payment shall be under: Items No. 337-7-xx Asphalt Concrete Friction Course - per ton. Miscellaneous Asphalt Pavement Included in the price of miscellaneous asphalt will be the cost of all work and materials associated with the following items: 105 Quality Control. (Section 339). Basis of payment shall be under: Item No. 339-1 Miscellaneous Asphalt Pavement - per ton. Notes: • 104 Erosion Control; 107 Litter Removal and Mowing; 110 Clearing and Grubbing; shall be included in the bid price for top lift of asphalt, and included in one of the items listed above. • Prior to beginning any paving or milling activities, the Contractor is required to give 24 hour notice to the Engineer/CCEI. IFB-603816-19/BJC — Pavement Management Program GROUP 11— Sand and Seal Prime and Tack Coats for Base Courses The pay item for Prime and Sand shall be a maintenance pay item only. Basis of payment shall be per square yard. The application of Prime and Sand or Tack on paving projects shall be included in the bid price of the asphalt under the 334 and 337 pay items. (Section 916). Basis of payment shall be under: Item No. 2-1 Prime and Sand - per square yard. Asphalt Membrane Interlayer The pay item for Asphalt Membrane Interlayer includes cost of all work, materials, equipment, and incidentals associated with the application of asphalt binder material covered with a single application of aggregate, as specified in Section 341. Basis of payment shall be under: Item No. 341-1-1 Asphalt Membrane Interlayer - per square yard. GROUP III — Milling Existing Asphalt Milling Existing Asphalt Pavement (Contractor) The basis of payment for milling shall be determined by multiplying the contract unit bid price (per square yard -inch) by the required mill depth (inches) from the individual project bid solicitation. The ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied by the individual project thickness in inches. The milling material under this pay item will become the property of the Contractor. (Section 327). Basis of payment shall be under: Item No. 327-70A Milling Existing Asphalt Pavement - per square yard. Milling Existing Asphalt Pavement (Yankee Lake) The basis of payment for milling shall be determined by multiplying the contract unit bid price (per square yard -inch) by the required mill depth (inches) from the individual project bid solicitation. The ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied by the individual project thickness in inches. The milling material under this pay item will become the property of Seminole County, to be delivered by the Contractor to 501 Yankee Lake Rd, Sanford. (Section 327). Basis of payment shall be under: Item No. 327-70B Milling Existing Asphalt Pavement (Yankee Lake) - per square yard. Milling Existing Asphalt Pavement (Oviedo Yard) The basis of payment for milling shall be determined by multiplying the contract unit bid price (per square yard -inch) by the required mill depth (inches) from the individual project bid solicitation. The ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied by the individual project thickness in inches. The milling material under this pay item will become the IFB-603616-19/BJC — Pavement Management Program property of Seminole County, to be delivered by the Contractor to 1620 N. County Rd 426, Oviedo. (Section 327). Basis of payment shall be under: Item No. 327-70C Milling Existing Asphalt Pavement (Oviedo Yard) - per square yard. Milling Existing Asphalt Pavement (5 Points Yard) The basis of payment for milling shall be determined by multiplying the contract unit bid price (per square yard -inch) by the required mill depth (inches) from the individual project bid solicitation. The ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied by the individual project thickness in inches. The milling material under this pay item will become the property of Seminole County, to be delivered by the Contractor to 4170 S. Orlando Dr. Sanford. (Section 327). Basis of payment shall be under: Item No. 327-70D Milling Existing Asphalt Pavement (5 Points Yard) - per square yard. Milling Existing Asphalt Pavement (Relocate) The basis of payment for milling shall be determined by multiplying the contract unit bid price (per square yard -inch) by the required mill depth (inches) from the individual project bid solicitation. The ultimate bid price for an individual project may not exceed the set contract rate for milling multiplied by the individual project thickness in inches. The milling material under this pay item will become the property of Seminole County and is to be delivered by the Contractor to any location specified that is within 5 miles of the project limits. (Section 327). Basis of payment shall be under: Item No. 327-70E Milling Existing Asphalt Pavement (Relocate) - per square yard. RM • Prior to beginning any paving or milling activities, the Contractor is required to give 24 hour notice to the Engineer/CCEi. GROUP IV Temporary Retroflective Pavement Markers (RPM) Price for Temporary RPM shall include layout, materials and application of temporary RPM to supplement temporary lane lines. Payment shall be based on final measurements of RPM's. (Section 102). Basis of payment shall be under: Item No. 102-78 Temporary Retroflective Pavement Markers - each. IFB-603616-19/BJC — Pavement Management Program Temporary Pavement Markings Price for Temporary Pavement Markings shall include layout, materials and application of paint and/or removable tape. Payment shall be based on final measurements of removable tape, painted stripes, or painted messages. (Section 102 & 710). Basis of payment shall be under: Item No. 102-911-2 Removable Tape (White/Black) - 6" - per foot. Item No. 102-912-2 Removable Tape (Yellow) - 6" - per foot. Item No. 710-11-xxx Temporary Pavement Marking, Paint, Solid - per foot. Item No. 710-11-xxx Temporary Pavement Marking, Paint, White, Message - each. Item No. 710-11-xxx Temporary Pavement Marking, Paint, White, Arrow - each. GROUP V — Miscellaneous Items Liquidated Damages (LD) This item (LD) is a project specific item to be used with a predetermined number of contract days for time of completion. All pertinent project information, including identification of roadway type (major/minor) and number of contract days shall be included in the bid solicitation documents. Any project exceeding the allowable contract days will be subject to LD's as determined by the Engineer/CCEI. End of Project punch list NOT completed within 30 days will be subject to LD's as determined by the Engineer/CCEI. Time and weather shall be tracked and documented according to guidelines set by the FDOT Standard Specifications and amended in these contract documents. General Conditions Sub -Section 3.2 is amended to include Article 5-2 of the 2019 FDOT Standard Specifications for Road and Bridge Construction regarding governing order of documents. General Conditions Sub -Section 6.2.3: Work hours of 7:00 AM to 6:00 PM are amended to: 8:30 AM to 4:30 PM Monday thru Friday for daytime work, and 8:00 PM to 6:00 AM Sunday thru Thursday for nighttime work, and can be superseded by the bid solicitation documents as required. Any work performed outside of the hours stated in the bid solicitation will NOT be accepted or paid for without prior approval or authorization of the Engineer/CCEI. General Conditions Sub -Section 6.42 and 6.43: Work suspensions, contractor vacations, and holidays are NOT included in the computation of contract time and will not be considered for time extensions. General Conditions Sub -Sections 11.9.2 and 12.1.1.1.3: No days have been included in the Construction time estimate for utility adjustments. Time extensions will be granted, on a day for day basis, for delays caused by utility adjustments by others only if no other work can be completed during such time. Time extensions may be granted, on a day for day basis, for delays caused by the effects of rains or other inclement weather conditions only after 5 (five) weather days and if no other work can be completed during such time. Time extension due to weather shall be reviewed and approved by the Engineer/CCEI on a case-by-case basis. Time extensions granted under these sub -sections shall not be applied to MOT days specified in item 102-1 of the bid solicitation documents. IFB-603616-191BJC — Pavement Management Program It is noted that Sub -Section 6-1.3 of the 2019 FDOT Standard Specifications regarding material certifications, shall apply to this contract and shall not be superseded by the General Conditions. Payment for LD is set at a rate of {-) $500.00 for each day for minor streets/roads. Payment for LD is set at a rate of {-) $1000.00 for each day for major roads. A roadway is determined to be a minor street/road if it has an ADT less than 4,000 vehicles per day; otherwise it is considered a major road. Basis of payment shall be under: Item No. 5-1 Liquidated Damages LD (For Major Roads) — per day. Item No. 5-2 Liquidated Damages LD (For Minor Streets/Roads) — per day. Mobilization Charge These items are intended to be used for two types of mobilization. Routine mobilization on projects shall include all labor, equipment, and material specified in Section 101. The price bid for routine mobilization shall not exceed 5% of the contract total. Emergency mobilization is also included to address special 24-hour emergency circumstances only. (Section 101). Basis of payment shall be under: Item No. 101-1 Mobilization Charge - each. Item No. 101-2 Mobilization Charge for 24-hour emergency response - each. Maintenance of Traffic (MOT) The price for MOT shall be on a per day basis and shall be for a time not exceeding the MOT days specified in item 102-1 in the bid solicitation documents. Items included in this pay item will be the Arrow Board, required signs, channelizing devices, flaggers and other miscellaneous items typically required to maintain traffic. Time extensions that may be granted for delays due to utility adjustments and/or inclement weather conditions will NOT be applied to the MOT days specified in item 102-1 the bid solicitation documents. NO compensation will be made for time that exceeds the MOT days specified in item 102-1 of the bid solicitation documents. The price bid for MOT shall not exceed $1500 per day. (Section 102). Basis of payment shall be under: Item No. 102-1 Maintenance of Traffic — per day. Traffic Control Officer The use of a Traffic Control Officer is defined in Section 102-7, as approved by the Engineer/CCEI. Payment shall be per hour (2 hour minimum) and based on the hours worked by the officer as recorded by the Engineer/CCEI. (Section 102). Basis of payment shall be under: Item No. 102-14 Traffic Control Officer — per hour. Portable Changeable Message Sign (PCMS) The use of PCMS shall be at the discretion and approval of the Engineer/CCEI. Payment shall be based on the number of signs certified as installed/used on the project as recorded by the Engineer/CCEI. (Section 102). IFB-603616-19/BJC — Pavement Management Program Basis of payment shall be under: Item No. 102-99 Portable Changeable Message Sign — each day. Rework Existing Asphalt Pavement This item is intended to make corrections to existing asphalt surfaces using indirect heat primarily to facilitate drainage and eliminate ponding on existing asphalt roadways. Basis of payment shall be under: Item No. 324-1 Rework Existing Asphalt Pavement — per square yard. Manhole and Water Valve Ring Adjustment The price of this item is for removal/replacement/installation of a manhole riser ring or water valve cover to match the final asphalt surface. (Section 425). Basis of payment shall be under: Item No. 425-6 Water Valve or Similar Cover Adjustment - each. Item No. 425-7 Manhole Ring Adjustment - each. Asphaltic Concrete Curb The price of this item is for the installation of asphalt curb. Maximum cross-sectional area of 0.5 square feet. (Section 525). Basis of payment shall be under: Item No. 525-1 Asphaltic Concrete Curb — per linear foot. FOB — Items Price for all items in this group will either be picked up at the asphalt plant by the County or delivered by the contractor where needed for Job Site items. (Section 320; 334 & 337). Basis of payment shall be under: Item No. 6-1 SP -12.5 Asphaltic Concrete, Traffic C — per ton. Item No. 6-2 SP -9.5 Asphaltic Concrete, Traffic C — per ton. Item No. 6-3 Asphaltic Concrete Friction Course, Traffic C, FC -12.5 (PG 76-22) — per ton. Item No. 6-4 Asphaltic Concrete Friction Course, Traffic C, FC 9.5 (PG 76-22) — per ton. Item No. 6-5 Asphalt Milling Material — per ton. Item No. 6-6 Tack Type RS-1/RS-2 — per gallon. IFB-603616-19/BJC — Pavement Management Program GROUP VII Regular Excavation The price for this item includes the grading excavation and removal of all materials. (Section 120). Basis of payment shall be under: Items No. 120-1 Regular Excavation - per cubic yard. Embankment The price for this item includes all materials required to build an embankment. (Section 120). Basis of payment shall be under: Item No. 120-6 Embankment- per cubic yard. Flowable Fill This item is intended to fill voids, stabilize shoulders on roadway or other location that may require a method of permanently addressing areas of concern, includes all labor, equipment and materials. (Section 121). Basis of payment shall be under: Item No. 121-70 Flowable Fill — per cubic yard. Type -B Stabilization The price for Stabilized Sub -grade includes all labor, equipment and materials that will be required to construct and test a 12" Stabilized Sub -grade as specified by (Section 160). Basis of payment shall be under: Item No. 160-412" Type -B Stabilization LBR 40 — per square yard. Base The price for road base shall include all labor, equipment and materials that will be required to construct road base Group (1, 6, & 9). Base groups 1 and 6 shall consist of limerock (LBR 100) only. Base group 9 shall consist of limerock (LBR 100) or 6" Type B-12.5, as specified by the bid documents. (Section 285). Basis of payment shall be under: Item No. 285-xxx Base Group- x - per square yard. Performance Turf, Sod The price for this item includes all work necessary to prepare the surface and place sod in areas indicated in the bid solicitation. (Section 570). Basis of payment shall be under. Item No. 570-1-2 Performance Turf, Sod — per square yard. IFB-603616-19/BJC — Pavement Management Program Shoulder Rework The price for this item includes the grading and mixing of roadway shoulders according to FDOT Design Standard Index 105. Sodding of shoulder rework area is included in this item. Basis of payment shall be under: Item No. 577-70 Shoulder Rework - per square yard. NOTES: Performance Bond, Payment Bond and Materials and Workmanship Bonds will be required for this project. IFB-603616-19]BJC — Pavement Management Program Part 4 Price Submittal IFB-603616-19/BJC - Pavement Management Program Name of Bidder: -Middlesex Paving. LLC, Mailing Address: One Spectacle Pond Road, Littleton, MA 01460 Street Address: _10801 Cosmonaut Blvd City/State/Zip: _Oriando. Florida 32824 Phone Number: (407 ) 206-0077 FAX Number: _(407) 206-3558 E -Mail Address: dsocci(a-_)middlesexcom.com & imeier(W-middlesexco.com Prusuant to and in compliance with the IFB Documents, the undersigned Bidder agrees to provide and furnish any and all of the labor, material, tools, equipment, incidentals and transportation services necessary to complete all of the Work required in connection with the Bid Documents for the amount hereinafter set forth. Bidder declares that the only persons or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any person, firm or corperation; and he proposes and agrees, if the bid is accepted, that he / she will accept to enter into an Ageement with the COUNTY in the form set forth in the Purchase Order and solicitation Documents. The cost of the units shall include all costs, including but not limited to: General Administrative Overhead, fringe and benefits and profit, all documentation required for operation, delivery / transportation of unit(s) to the County's delivery address, indirect costs, i.e., insurance, ect., and indirect labor costs. 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CL °'m c .U. v C 16. j ci L •� c ++ a ° � {� v m__ c O > O a LL @ ea O O c a L- as CL L ..t c a v •� x � E � �` 4 c �_ E y t tCt�. vvc�L o _ z __=?'>5:5; Q a a a a a a a 0 C7 C� t� C3 t9 C9 C7 U r cn c a N .a E z c m a 0 J ORDER NUMBER: FLORIDA SALES: 8550137089740-0 �j Board of County Commissioners ALL PACKING SLIPS INVOICES AND CORRESPONDENCE FEDERAL SALES/USE:59.6000856 ( PURCHASE ORDER MUST REFER TO THIS ORDER NUMBER SORDER DATE H T _ . REQUISITION I o SEMlNQ1F �7Y REQUESTOR p tis 9"A VENDOR # V i ORDER INQUIRIES E N URCHASING AND .w 1301 EAST SECOND STREET CONTRACT DIVISION D L BSANFQRD FLORIDA 32771 XHIIT O PHONE 407 665-7116 / FAX 407 665-7956 R ANALYST DELIVERY TO THE SUBMIT ALL INVOICES IN DUPLICATE TO: CLERK - B.C.C. FINANCE DIVISION POST OFFICE BOX 8080 SANFORD, FL 32772 Accts. Payable Inquiries - Phone (407) 665 7656 Terms and Conditions 1. AGREEMENT. This Purchase Order including these terns, conditions and other referenced documents such as solicitations, specifications, and responses constitute the sole and entire agreement between the parties hereto. The County does hereby retain the Supplier to furnish those services/commodities and perform those tasks as described in this purchase order and as further described in the scope of services, attached hereto and incorporated herein, if applicable. This order shall be construed and interpreted under the laws of the State of Florida. Jurisdiction and venue, with respect to any suit in connection with this order, shall reside in Seminole County, Florida. 2. DELIVERY OF GOODS AND SERVICES. Failure to deliver the items or provide the service hereby ordered strictly within the time specified shall entitle the County to cancel this order holding the Supplier accountable therefore, and may charge the Supplier with any increased cost or other loss incurred thereon pursuant to Chapter 672 of the Florida Statutes, unless deterred shipment is requested and agreed to by the County in writing. Payment or acceptance of any item after the delivery date shall not constitute a waiver of the County's right to cancel this order with respect to subsequent deliveries. 3. WARRANTY. Supplier warrants all materials and services covered by this order to conform strictly to the specifications, drawings, or samples as specified or furnished, and to be free from latent or patent defects in material or workmanship. If no quality is specified, the Supplier warrants to County that the goods or service shall be of the best grade of their respective kinds, or will meet or exceed the applicable standards for the industry represented, and is fit for County's particular purpose. Supplier further warrants that at the time the goods or services are accepted by County, they shall have been produced, sold, delivered, and furnished in strict compliance with all applicable Federal and State laws, municipal ordinances, regulations, rules, labor agreements, and working conditions to which the goods or services are subject. In addition to, and not in lieu of the above, that at the time of acceptance, the goods or services are applicable, meet or exceed the applicable standards imposed by (a) Consumer Product Safety Act, (b) Occupational Safety and Health Act (Public Law 91-5961, as amended, (c) Fair Labor Standards Act, as amended, and (d) the goods and services fumliKea hereunder are free of' any claims or liens of whatever nature whether rightful or otherwise of any person, corporation, partnership, or association. 4. MODIFICATIONS. This order can be modified or rescinded only In writing by the patties or their duly authorized agents.MI S. TERNATION. The County may, by written notice to the Supplier, terminate this order, in whole or in part, at any time, either for the County's convenience or because of the failure of the Supplier to fulfill Supplier's agreement obligations. Upon receipt, of such notice, Supplier shall discontinue all deliveries affected unless the notice directs otherwise. In such event, County shall be liable only for materials or components procured, or work done, or supplies partially fabricated within the authorization of this order. In no event shall County be liable for incidental or consequential damages by reason of such termination. 6. INDEMNIFICATION. Supplier agrees to protect, indemnify, save, and hold harmless County, its officers, and employees from and against all losses, costs, and expenses, and from and against all claims, demands, suits, and actions for damages, losses, costs, and expenses and from and against all liability awards, claims of patent infringement, judgments, and decrees of whatsoever nature for any and all damages to property of the County or others of whatsoever nature and for any and all injury to any persons arising out of or resulting from the negligence of Supplier, breach of this order in the manufacture of goods, from any defect in materials or workmanship, from the failure of the goods to perform to its full capacity as specified in the order, specification, or other data, or from the breach of any express or implied warrants. The remedies afforded to the County by this clause are cumulative with, and in no way affect any other legal remedy the County may have under this order or at law. 7. INSURANCE. Supplier shall obtain and maintain in force adequate insurance as directed by the County. Supplier may also be required to carry workers' compensation insurance in accordance with the laws of the State of Florida. Supplier shall furnish County with Certificate of Insurance for all service related purchase orders and other specialized services perforated at Supplier's location. Any certificate requested shall be provided to the Purchasing and Contracts Division within ten (10) days from notice. Supplier shall notify the County in the event of cancellation, material change, or altercation related to the Supplier's Insurance Certificate, All policies shall name Seminole County as an additional insured. 8. INSPECTION. All goods and services are subject to inspection and rejection by the County at any time including during their manufacture, construction, or preparation notwithstanding any prior payment or inspection. Without limiting any of the rights it may have, the Courcy, at is option, may require the Supplier, at the Supplier's expense, to: (a) promptly repair or replace any or all rejected goods, or to cure or re -perform any or all rejected services, or (b) to refund the price of any or all rejected goods or services. All such rejected goods will be held for the Supplier's prompt inspection at the Suppfier's risk. Nothing contained herein shall relieve, in any way, the Supplier from the obligation of testing, inspection, and quality control. 9. TAXES. Seminole County Government is a non-profit organization and not subject to tax. 10. FLORIDA PROMPT PAYMENT ACT. Suppliers shall be paid in accordance with the State of Florida Prompt Payment Act, Section 218.70, Florida Statutes, upon submission of proper invoice(s) to County Clerk of the Court and Comptroller, P. O. Box 8080, Sanford, Florida 32772. invoices are to be billed at the prices stipulated on the purchase order. All invoices must reference Seminole County's order number. 11. PAYMENT TERMS. It shall be understood that the cash discount period to the County will be from the date of the invoice and not from the receipt of goods/services. 12. PRICE PROTECTION. Supplier warrants that the price(s) set forth herein are equal to the lowest net price and the terms and conditions of sale are as favorable as the price(s), terms, and conditions afforded by the Supplier to any other customer for goods or services of comparable grade or quality during the term hereof. Supplier agrees that any price reductions made in the goods or services covered by this order, subsequent to its acceptance but prior to payment thereof, will be applicable to this order. 13. PACKAGING AND SHIPPING. Unless otherwise specified, all products shall be packed, packaged, marked, arid otherwise prepared for shipment in a manner that is: (a) in accordance with good commercial practice; and (b) acceptable to common carriers for shipment at the lowest rate for the particular product, and in accordance with ICC regulations, and adequate to insure safe arrival of the product at the named destination and for storage and protection against weather. Supplier shall mark all containers with necessary lifting, handling, and shipping information, and also this order number, date of shipment, and the name of the consignee and consignor. An itemized packing_ sheet. must accompany each, shipment. AII_shpments, unless specified differently, shall tie FOB destination. 14. QUANTITY. The quantities of goods, as indicated on the face hereof, must not be exceeded without prior written authorization from County. Excess quantities may be returned to Supplier at Supplier's expense. 15. ASSIGNMENT. Supplier may not assign, transfer, or subcontract this order or any right or obligation hereunder without County's written consent. Arry purported assignment transfer or subcontract shalt be null and void. 16. EQUAL OPPORTUNITY EMPLOYER. The County is an Equal Employment Opportunity (EEO) employer, and as such requires all Suppliers or vendors to comply with EEO regulations with regards to gender, age, race, veteran status, country of origin, and creed as may be applicable to the Supplier. Any subcontracts entered into shall make reference to this clause with the same degree of application being encouraged. When applicable, the Supplier shall comply with all State and Federal EEO regulations. 17. RIGHT TO AMT RECORDS. The County shall be entitled to audit the books and records of Supplier to the extent that such books and records relate to the performance of the order or any supplement to the order. Supplier shall maintain such books and records for a period of three (3) years from the date of final payment under the order unless the Country otherwise authorizes a shorter period in writing. 18. FISCAL YEAR FUNDING APPROPRIATION. Unless otherwise provided by law, a order for supplies and/or services may be entered into for any period of time deemed to be in the best interest of the County provided the term of the order and conditions of renewal or extension, if any, are included in the solicitations, and funds are available for the initial fiscal period of the order. Payment and performance obligations for succeeding fiscal periods shall be subject to the annual appropriation by County. 19. FAILURE TO ACCEPT PURCHASE ORDER. Failure of the Supplier to accept the order as specified may be cause for cancellation of the award. Suppliers who default are subject to suspension and/or debarment. 20. AGREEMENT AND PURCHASE ORDER IN CONFLICT. Whenever the terms and conditions of the Main/Master Agreement conflict with any Purchase Order issued pursuant to it, the Main/Master Agreement shall prevail. 21. FLORIDA PUBLIC RECORDS ACT. Vendor must allow public access to all documents, papers, letters or other material, whether made or received in conjunction with this Purchase Order which are subject to the public records act, Chapter 119, Florida Statutes, Rev. 6/2017 Bond No. 107135053 PERFORMANCE BOND ($500,000.00) Seminole County Contract No. IFB-603616-19/BJC KNOW ALL MEN BY THESE PRESENTS that: Middlesex Paving, LLC (Name of CONTRACTOR) 10801 Cosmonaut Blvd, Orlando, Florida 32824 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: 407-206-0077 a Corporation (Corporation, Partnership, or Individual) hereinafter called Principal, and Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square, Hartford, CT 06183 (Address of Surety) Surety's Telephone Number: (860) 277-0111 hereinafter called Surety, are held and firmly bound unto SEMINOLE COUNTY, 1101 East First Street, Sanford, Florida 32771, hereinafter called COUNTY, in the sum of Five Hundred Thousand and 00/100 DOLLARS ($ 500,000.00------------ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. The sum shall not be less than five hundred thousand ($500,000,00). COUNTY's telephone number is (407) 665-7116. THE CONDITION OF THIS OBLIGATION is such that whereaVeZewUli- he Pri ipal entere, into a certain Agreement with COUNTY, dated the .26 day of,, 20�? a copy of which is hereto attached and made a part hereof for the Pavement Management Program in Seminole County. Legal Description of Property: Seminole County Pavement Management Program in Seminole County General description of the Work: The CONTRACTOR is responsible for all labor, materials, equipment, coordination, and incidentals necessary for all Work related to the Pavement Management Program within Seminole County. PERFORMANCE BOND Page 1 of 5 This Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statues, and the Agreement referenced above, as the same may be amended. NOW, THEREFORE, the condition of this obligation is such that if Principal: 1. Promptly and faithfully performs its duties, all the covenants, terms, conditions, and agreements of said Agreement including, but not limited, to the guaranty period and the warranty provisions, in the time and manner prescribed in the Agreement; and 2. Pays COUNTY all liquidated damages, losses, damages, delay damages, expenses, costs, and attorneys fees, including costs and attorneys fees on appeal that COUNTY sustains resulting from any breach or default by Principal under the Agreement then this bond is void; otherwise it shall remain in full force and effect. The coverage of this Performance Bond is co -equal with each and every obligation of the Principal under the above -referenced Agreement and the Contract Documents of which the Agreement is a part except that the coverage of the Performance Bond is limited to 100 percent of the Contract Price. In the event that the Principal shall fail to perform any of the terms, covenants, and conditions of the Agreement and the Contract Documents of which the Agreement is a part during the period in which this Performance Bond is in effect, the Surety shall remain liable to COUNTY for all such direct loss or damage (including reasonable attorneys fees and costs and attorneys fees and costs on appeal) resulting from any failure to perform, up to $500,000.00 and for Indirect damages as determined by COUNTY up to an additional twenty percent (20%) over the adjusted amount. In the event that the Surety fails to fulfill its obligations under this Performance Bond, then the Surety shall also indemnify and hold COUNTY harmless from any and all loss, damage, cost, and expense, including reasonable attorneys fees and costs for all trial and appellate proceedings, resulting from the Surety's failure to fulfill its obligations hereunder up to $500,000.00. The Surety stipulates and agrees that its obligation is to perform the Principal's Work under the Agreement under the Bond. The following preventative options by the Surety are encouraged; however, preventative options shall not be considered under the Bond: (i) Surety's financing of the Principal to keep Principal from defaulting under the Contract Documents; and (ii) Surety's offers to COUNTY to buy back the Bond. The Surety agrees that its obligation under the bond is to: (i) take over performance of the Principals' Work and be the completing Surety even if performance of the Principal's Work exceeds the adjusted Principals' Contract Price; or (ii) re- bid and re -let the Principals' Work to a completing contractor with Surety remaining liable for the completing contractor's performance of the Principal's Work and furnishing adequate funds to complete the Work. The Surety acknowledges that its cost of completion upon default by the PERFORMANCE BOND Page 2 of 5 Principal may exceed the Contract Price. In any event, the Principal's Contract Time is of the essence and applicable delay damages are not waived by COUNTY. The Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall be direct and immediate and not conditional or contingent upon COUNTY's pursuit of its remedies against Principal, however, such obligation shall only arise upon a declaration of default of the Principal and shall remain in full force and effect notwithstanding (i) amendments or modifications to the Agreement entered into by COUNTY and Principal without Surety's knowledge or consent; and (ii) the discharge of Principal as a result of any proceeding initiated under the Bankruptcy Code of 1978, as the same maybe amended, or any similar state or federal law, or any limitations of the liability of Principal or its estate as a result of any such proceeding. Any changes in or under the Agreement and Contract Documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. However, in the event Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Agreement and Contract Documents are executed exceeding 110 percent of the contract price, the Surety shall be notified by COUNTY of such increased by COUNTY, and the Principal shall be required to increase the sum of the Bond to be commensurate with the increased Contract Price. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. This Performance Bond is intended to comply with the requirements of Section 255.05, Florida Statutes, as amended, and additionally, to provide contract rights more expansive than as required by statute. (End of Document — Signature Pages Follow) PERFORMANCE BOND Page 3 of 5 IN WITNESS),HEREOF, this instrument is executed thisoX day of 20 ATTEST. PRINCIPAUCONTRACTOR N,*rne.'. Peter J. Martinkus or I-,rinted) Middlesex Pavjng,,LLC. BY: (Officer) Name: David Sacci (Typed or Printed) Title: Sr. V.P. Preconstruction & Manager Ad.dress: One Spectacle Pond Road City, ST 2.'IP,. Littleton, MA 01460 (Surety Signature Page Follows) PERFORMANCE BOND Page 4 of 5 ATTEST: B e retary) Name: Laurie Rothwell (Typed or Printed) Witness Nicholas Labbe n t Na ness Gabriela Camacho Print Name SURETY Travelers Casualty and Surety Company of America By: Name: Sandra C. Lopes, FL Non -Resident License No. W051270 (Typed or Printed) Title: Attorney -in -Fact c/o Alliant Insurance Services, Inc. Address: 131 Oliver Street, 4th Floor City, ST ZIP: Boston, MA 02110 NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is a Partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by COUNTY. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of Surety companies must list their name, address, and telephone number on all Bonds. PERFORMANCE BOND Page 5 of 5 PAYMENT BOND ($500,000.00) Seminole County Contract No. IFB-603616-19lBJC KNOW ALL MEN BY THESE PRESENTS that: Middlesex Paving, LLC (Name of CONTRACTOR) 1801 Cosmonaut Blvd, Orlando, Florida 32824 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: 407-206-0077 Bond No. 107135053 a Corporation (Corporation, Partnership, or Individual) hereinafter called Principal, and Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square, Hartford, CT 06183 (Address of Surety) Surety's Telephone Number: (860) 277-0111 hereinafter called Surety, are held and firmly bound unto SEMINOLE COUNTY, 1101 East First Street, Sanford, Florida 32771, hereinafter called COUNTY, in the sum of .Five Hundred Thousand DOLLARS ($500,000.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. COUNTY's telephone number is (407) 665-7116. THE CONDITION OF THIS OBLIGATION is suZ that whereas the Pri cipal entere,� into a certain Agreement with COUNTY, dated the day of 20B a copy of which is hereto attached and made a part hereof for the Pavement Management Program in Seminole County. Legal Description of Property: Seminole County Pavement Management Program In Seminole County General description of the Work: The CONTRACTOR is responsible for all labor, materials, equipment, coordination, and incidentals necessary for all Work related to Pavement Management Program within Seminole County. PAYMENT BOND NOW, THEREFORE, the condition of this obligation is such that if Principal shall promptly make payments to all claimants as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the Work provided for in the Agreement, then this obligation shall be void; otherwise, it shall remain in full force and effect subject, however, to the following conditions: 1. This Bond is furnished for the purpose of complying with the requirements of Section 255.05, Florida Statutes, as same may be amended. 2. It is a specific condition of this Bond that a claimant's right of action on the Bond is limited to the provisions of Section 255,05, Florida Statutes, including, but not limited to, the one-year time limitation within which suits may be brought. 3. This Bond is conditioned that CONTRACTOR shall promptly make payments to all persons defined in Section 713.05, Florida Statutes, whose claims derive from the prosecution of the Work provided for in the Agreement. Therefore, a claimant, except a laborer, who is not in privity with the CONTRACTOR shall, within forty-five (45) days after beginning to furnish labor, materials, or supplies for the prosecution of the Work, furnish CONTRACTOR with a notice that (s)he may look to the Bond for protection. A claimant who is not in privity with the CONTRACTOR and who has not received payment for his/her labor, materials, supplies, or rental equipment within ninety (90) days after final furnishing of the labor, services, materials, or equipment by claimant, deliver to CONTRACTOR and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and of the nonpayment. No action for the labor, materials, or supplies may be instituted against CONTRACTOR or the Surety on the bond after one (1) year from the performance of the labor or completion of the delivery of the materials or supplies. 4. Any changes in or under the Agreement or Contract documents and compliance or noncompliance with any formalities connected with the Agreement or the changes therein shall not affect Surety's obligations under this Bond and Surety hereby waives notice of any such changes. Further, Principal and Surety acknowledge that the sum of this Bond shall increase or decrease in accordance with the Change Orders (unilateral or directive change orders and bilateral change orders) or other modifications to the Agreement or Contract Documents. 5. The Performance Bond and the Payment Bond and the covered amounts of each are separate and distinct from each other. The Payment Bond shall be construed as a statutory Payment Bond under Section 255.05, Florida Statutes, and not as a common law bond. PAYMENT BOND IN WITNESSMEREOF, this instrument is executed this day of -'20 ATTEST: PRINCIPAUCONTRACTOR (--'ecreta 1"j Peter J. Martinkus Mvpoe nr Pz�,""3dfl Witness log FYIVK.,. x ml�w' Print Name PAYMENT BOND Middlesex Paving, LLC. (Officer) David Socci (Typed or Pri.-Led) Tille: Sr. V.P. Preconstruction & Manager Address: One Spectacle Pond Road City, s -r znim- Littleton, MA 01460 (Surety Signature Page Follows) ATTEST: SURETY Travelers Casualty and Surety Company of America By: -Xa).&.1 --av: At? )I ( etary} fficer ` Name: Laurie Rothwell Name: Sandra C. Lopes, FL Non -Resident License No. W051270 (Typed or Printed) (Typed or Printed) Title: Attorney -in -Fact ci o Aniant insurance Sef ices, Inc. Address: 131 Oliver Street, 4th Floor City, ST ZIP: Boston, MA 02110 Witness 'cholas Labbe Gri t N toes e Gabriela Camacho Print Name NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is a Partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by COUNTY. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attomeys-in-fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of Surety companies must list their name, address, and telephone number on all Bonds. PAYMENT BOND Bond No. 107135053 MATERIAL. AND WORKMANSHIP BOND ($250,000.00) Seminole County Contract No. IFB-603616-19/BJC KNOW ALL MEN BY THESE PRESENTS that: Middlesex Paving, LLC (Name of CONTRACTOR) 10801 Cosmonaut Blvd, Orlando, FL 32824 (Address of CONTRACTOR) CONTRACTOR's Telephone Number: 407-206-0077 a Corporation (Corporation, Partnership, or Individual) hereinafter called Principal, and Travelers Casualty and Surety Company of America (Name of Surety) One Tower Square, Hartford, CT 06183 (Address of Surety) Surety's Telephone Number: (860) 277-0111 hereinafter called Surety, are held and firmly bound unto SEMINOLE COUNTY, 1101 East First Street, Sanford, Florida 32771, hereinafter called COUNTY, in the sum of $250,000.00 as adjusted under the Contract Documents in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. COUNTY's telephone number is (407) 665-7116. THE CONDITION OF THIS OBLIGATION is su h that whereas the Pr' cipal entered into a certain Agreement with COUNTY, dated the day of 2001 a copy of which is hereto attached and made a part hereof for the Pavement Management Program in Seminole County. Principal is obligated to protect the County against any defects resulting from faulty Materials or Workmanship of said improvements for a period of two (2) years from the date of Final Completion under the Contract Documents. The conditions of this obligation are such that if Principal shall promptly and faithfully protect the COUNTY against any Defects resulting from faulty Materials and Workmanship of the aforesaid improvements for a period of two (2) years from the date of Final Completion, then this obligation shall be null and void, otherwise it shall remain in full force and effect. MATERIAL .AND WORKMANSHIP BOND The COUNTY shall notify the Principal in writing of any Defect for which the Principal is responsible and shall specify in said notice a reasonable period of time within which Principal shall have to correct said Defect, The Surety unconditionally covenants and agrees that if the Principal fails to perform, within the time specified, the Surety, upon thirty (30) days written notice from COUNTY, or its authorized agent or officer, of the failure to perform will correct such Defect or Defects and pay the cost thereof, including, but not limited to engineering, legal and contingent cost. Should the Surety fail or refuse to correct said Defects, the COUNTY, in view of the public interest, health, safety, welfare and factors involved, shall have the right to resort to any and all legal remedies against the Principal and Surety and either, both at law and in equity, including specifically, specific performance to which the Principal and Surety unconditionally agree. The Principal and Surety further jointly and severally agree that the COUNTY at its option, shall have the right to correct said Defects resulting from faulty Materials or Workmanship, or, pursuant to public advertisement and receipt of Bids, cause to be corrected any Defects or said Defects in case the Principal shall fail or refuse to do so, and in the event the COUNTY should exercise and give effect to such right, the Principal and the Surety shall jointly and severally hereunder reimburse the COUNTY the total cost thereof, including, but not limited to, engineering, legal and contingent cost, together with any damages either direct or consequent which may be sustained on account of the failure of the Principal to correct said defects. (End of Document — Signature Pages Follow) MATERIAL AND WORKMANSHIP BOND IN WITNESS WEREOF, this instrument is executed this day of 4-Gez.� 20 /T ATTEST: Peter J. Martinkus (Typed or Printed) PRINCIPAL/CONTRACTOR Middlesex Paving, LLC. Efy- (Offic Name: David Socci (Typed or -P'Jnte(:) N I'itlp_: Sr. V.P. Preconstruction & Manager Address: One Spectacle Pond Road___ City, 13T ZIP,,._Littlet�on,."MAI417460.� Prin r, %� W -,-p .tot' S' Print Name (Surety Signature Page Foilows) MATERIAL AND WORKMANSHIP BOND ATTEST: By: GAG ( r tary) Name: Laurie Rothwell (Typed or Printed) �J<Jitness holas Labbe ri Na ' Hess Gabriela Camacho Print Name SURETY Travelers Casualty and Surety Company of America B: Name: Sandra C. Lopes, FL Non -Resident License No. W051270 (Typed or Printed) Title: _Attorney -in -Fact c/o Alliant Insurance Services, Inc. Address: 131 Oliver Street, 4th Floor City, ST ZIP: Boston, MA 02110 NOTE: Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint venture, all venturers shall execute the Bond. If CONTRACTOR is a Partnership, all partners shall execute the Bond. IMPORTANT: Surety companies executing Bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Florida, unless otherwise specifically approved in writing by COUNTY. All bonds shall be originals and issued or countersigned by a local producing agent who is authorized to operate in the State of Florida. Attorneys -in -fact who sign Bid Bonds or Performance/Payment Bonds must file with such bond a certified copy of their Power of Attorney to sign such Bond. Agents of Surety companies must list their name, address, and telephone number on all Bonds. MATERIAL AND WORKMANSHIP BOND Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"). and that the Companies do hereby make, constitute and appoint Sandra C. Lopes, of Boston, Massachusetts, their true and lawful Attomey-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 3rd day of February, 2017. �pp� 'i iE __ i State of Connecticut By: City of Hartford ss. Robert L. Raney, S— of roor Vice President On this the 3rd day of February, 2017, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. a My Commission expires the 30th day of June, 2021 Marie C. Tetreauit, Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine insurance Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this lsth day of December , 2019 (. } NC p, +opsm-N wT�8Kil t * // Kevin E. Hughes, Asst taut Secretary To verify the authenticity of this Power ofAttorney, please call us at 1-800-421 3880. Please refer to the above-named Attorney-in-fact and the details of the bond to which the power is attached. nt PAVING LLC At a meeting of the Board of Directors of MIDDLESEX PAVING, LLC held on May 16, 2019, at which all the Directors were present or waived notice, it was VOTED, that Robert W. Pereira, Chief Executive Officer & Managing Member; Robert W. Pereira Il, President and Chief Operating Officer & Managing Member; Alfred S. Aponas, President Southeast Region & Manager; David P. Socci, Senior Vice President Preconstruction, Assistant Secretary & Manager; Peter J. Martinkus, Senior Vice President Finance, CFO, Secretary & Manager; be and they hereby are authorized to execute bids, contracts, bonds, and owners' payment requisitions in the name and on behalf of said Corporation, and affix its Corporate Seal thereto; and such execution of any contract or obligation in the Corporation's name on its behalf by such Chief Executive Officer, President, Vice President, and Secretary under seal of the Corporation, shall be valid and binding upon this Corporation. A true copy ATTEST: Pete.Marti s 4!� Secretary Place of Business: 10801 Cosmonaut Blvd Orlando, Florida 32824 Date: I hereby certify that I am the Secretary of MIDDLESEX PAVING, LLC, that Robert W. Pereira is the duly elected Chief Executive Officer & Managing Member, Robert W. Pereira II is the duly elected President, Chief Operating Officer & Managing Member, Alfred S. Aponas is the duly elected President Southeast Region & Manager, and David P. Socci is the duly elected Senior Vice President Preconstruction & Assistant Secretary & Manager, Peter J. Martinkus is the duly elected Senior Vice President Finance, CFO, Secretary & Manager of said Corporation, and that the above vote has not been amended or rescinded and remains in full force and effect as of this date. Pet#FJ. Martinkus Secretary 10801 Cosmonaut Blvd, Orlando, Florida 32824 s Tel: 407-206-0077 • Fax: 407-206-3558 COMMITTED TO SAFETY AND QUALITY