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1375* Asphalt Recyclers, Inc. piggyback
PURCHASING DEPARTMENT TRANSMITTAL MEMORANDUM Ta' City Clerk/ / ayor i ack Contract for Asphalt Recycling The item(s) noted below is /are attached and forwarded to your office for the following action(s): Development Order Final Plat (original mylars) Letter of Credit Maintenance Bond Ordinance Performance Bond Resolution Once completed, please: ❑ Return original ❑ Return copy Mayor's signature Rendering Safe keeping (Vault) ❑ City Manager Signature ® City Clerk Signature Special Instructions :' Executed Signatures Please,adu se -if. -you have any questions regarding the above. Thin you! r-- From TADept_f \CMity_Clerk TrapsmittafiVtemo - 2009.doc Date , L.L. : �a DOCUMENT APPROVAL Contract/Agreement Name: Piggy Back Contract for Asphalt Recycling Approval: hasing Manager Finance Di ector Date Date Date City Of Sanford Agreement With Asphalt Recycling, Inc. For In -Place Asphalt Recycling Pi c This Agreement made and entered into thi _ 2010 by and between the: City of Sanford, Florida City Hall 300 North Park Avenue Sanford, Florida 32771 a municipal corporation of the State of Florida, holding tax exempt status, hereinafter referred to as the "City," and: Asphalt Recycling, Inc. Post Office Box 510875 Melbourne, Florida 32951 a Florida corporation, authorized to do business in the State of Florida, hereinafter referred to as the "Contractor ". The City and the Contractor are collectively referred to herein as the "parties ". Witnesseth: Whereas, the Contractor has entered an agreement to provide services to Seminole County, Florida pursuant to an Agreement which Agreement continues to be in effect (hereinafter collectively the "Seminole County Agreement "); and Whereas, the City desires to retain the Contractor for the work identified in the specifications outlined in the Seminole County Agreement and for the periods set forth in the Seminole County Agreement; and Whereas, the Seminole County Agreement is attached hereto as Exhibit "A" along with the certain other documents relating thereto to include, but are not limited to, the documents relating to Invitation For Bids (IFB) 600806- 10 /GMG which are incorporated herein by this reference thereto; and Whereas, the City desires to employ the Contractor for the performance to support the activities, programs, and projects of the City upon the terms and conditions hereinafter set forth and in the Seminole County Agreement, and the Contractor is desirous of performing and providing such services upon said terms and conditions; and Whereas, the Contractor hereby warrants and represents to the City that it is Page 1 (c). The Contractor acknowledges that the City may retain other contractors to provide the same types of services for City projects. The City reserves the right to select which contractor shall provide services for City projects. (d). The Contractor acknowledges that the City has retained, or may retain, other contractors and the coordination between said contractors and the Contractor may be necessary from time -to -time for the successful completion of each Work Order. The Contractor agrees to provide such coordination as necessary. (e). The Contractor agrees to provide and ensure coordination between goods /services providers. (f). Time is of the essence of the lawful performance of the duties and obligations contained in this Agreement to include, but not be limited to, each Work Order. The parties covenant and agree that they shall diligently and expeditiously pursue their respective obligations set forth in this Agreement and each Work Order. (g). The Contractor shall maintain an adequate and competent staff and professionally qualified persons throughout the performance of this Agreement to ensure acceptable and timely completion of each Work Order. (h). Requirements for signing and sealing plans, reports and documents prepared by the Contractor shall be governed by the laws and regulations of Seminole County and State regulatory agencies. (i). No claim for services furnished by the Contractor not specifically provided for herein shall be honored by the City. Section 4: Commencement/Implementation Schedule Of Agreement. (a). The Contractor shall commence the provision of services as described in this Agreement immediately upon execution of this Agreement and a Work Order thereunder. (b). The Contractor and the City agree to make every effort to adhere to the schedules established for the various Work Orders as described in each Work Order. However, if the Contractor is delayed at any time in the provision of services by any act or omission of the City, or of any employee of the City, or by any other contractor employed by the City, or by changes ordered by the City, or by strikes, lock outs, fire, unusual delay in transportation, unavoidable casualties, or any other causes of force majeure not resulting from the inactions or actions of the Contractor and beyond the Contractor's control which would not reasonably be expected to occur in connection with or during performance or provision of the services, or by delay authorized by the City pending a decision, or by any cause which the City shall decide to justify the delay, the time of completion shall be extended for such reasonable time as the City may decide in its sole and absolute discretion. It is further expressly understood and agreed that the Contractor shall not be entitled to any damages Page 3 City Manager City of Sanford City Hall 300 North Park Avenue Sanford, Florida 32771 (2). For the Contractor: Asphalt Recycling, Inc. Post Office Box 510875 Melbourne, Florida 32951 (c). Written notice requirements of this Agreement shall be strictly construed and such requirements are a condition precedent to pursuing any rights or remedies hereunder. The Contractor agrees not to claim any waiver by City of such notice requirements based upon City having actual knowledge, implied, verbal or constructive notice, lack of prejudice, or any other grounds as a substitute for the failure of the Contractor to comply with the express written notice requirements herein. Computer notification (e -mails and message boards) shall not constitute proper written notice under the terms of the Agreement. Section 8: Work Orders. (a). The provision of services to be performed under this Agreement may commence immediately upon the execution of this Agreement or a Work Order as directed and determined by the City. Services to be provided by the Contractor to the City shall be negotiated between the Contractor and the City. Each Work Order shall reference this Agreement by title and date, include a detailed description of quantities, services, and a completion schedule, and will be provided on the Contractor's letterhead. Services described in said Work Order will commence upon the issuance of a City Notice -to- Proceed. (b). If the services required to be performed by a Work Order is clearly defined, the Work Order shall be issued on a "Fixed Fee" basis. The Contractor shall perform all services required by the Work Order but in no event shall the Contractor be paid more than the negotiated Fixed Fee amount stated therein. (c). The Contractor and the City agree to make every effort to adhere to the schedule established for the various Work Orders described in the Work Order. (d). If the services are not clearly defined, the Work Order may be issued on a "Time Basis Method" and contain a Not -to- Exceed amount. If a Not -to- Exceed amount is provided, the Contractor shall perform all work required by the Work Order; but in no event shall the Contractor be paid more than the Not -to- Exceed amount specified in the applicable Work Order. (e). For Work Orders issued on a "Fixed Fee Basis," the Contractor may invoice the Page 5 Section 10: Compensation. (a). Compensation to the Contractor for the services performed on each Work Order shall be as set forth the Work Order /Change Order or as set forth in the Seminole County Agreement which enumerates rates and charges of the Contractor. (b). The City shall not pay for reimbursable items such as gas, tolls, mileage, meals, etc. and other items not directly attritbutable to items produced for each Work Order. (c). Work performed by the Contractor without written approval by the City's designated representative shall not be compensated. Any work performed by the Contractor without approval by the City is performed at the Contractor's own election. (d). In the event the City fails to provide compensation under the terms and conditions of this Agreement, the Contractor shall notify the City's designated representative in order that the City may take remedial action. Section 11: Invoice Process. (a). Payments shall be made by the City to the Contractor when requested as work progresses for services furnished, but not more than once monthly. Each Work Order shall be invoiced separately. The Contractor shall render to the City, at the close of each calendar month, an itemized invoice properly dated, describing all services rendered, the cost of the services, the name and address of the Contractor, Work Order Number, Contract Number and all other information required by this Agreement. (b). Invoices which are in an acceptable form to the City and without disputable items will be processed for payment within thirty (30) days of receipt by the City. (c). The Contractor will be notified of any disputable items contained in invoices submitted by the Contractor within fifteen (15) days of receipt by the City with an explanation of the deficiencies. (d). The City and the Contractor will make every effort to resolve all disputable items contained in the Contractor's invoices. (e). Each invoice shall reference this Agreement, the appropriate Work Order and Change Order if applicable, the billing period, and include the Project Status Report for the period being billed. (f). The Florida Prompt Payment Act shall apply when applicable. (g). Invoices are to be forwarded directly to: Page 7 (d). In claims against any person or entity indemnified underthis Section by an employee of the Contractor or its agents or subcontractors, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under this Section shall not be limited by a limitation on amount or type of damages, compensation, or benefits payable by or for the Contractor or its agents or subcontractors, under workers compensation acts, disability benefits acts, or other employee benefit acts. (e). The execution of this Agreement by the Contractor shall obligate the Contractor to comply with the indemnification provision in this Agreement; provided, however, that the Contractor shall also comply with the provisions of this Agreement relating to insurance coverages. Section 14: Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same document. In Witness Whereof, the parties hereto have made and executed this Agreement on the respective dates under each signature with the City acting through its City Commission and the Contractor signing by and through its duly authorized corporate officer having the full and complete authority to execute same. Attest AsDhaIt Recycling,, In By_ Mark Bitomski, Authorized Corporate Bitomski Attesting Corporate Officer Presiop,, Date Attest: City Of Sanford Ja et Dougherty, City C rk Linda Kuh , Mayor l - - o© Date For use and reliance of the Sanford City Commission only. Aooroved as to form and �mlity. Page 9 TERM CONTRACT FOR IN -PLACE ASPHALT RECYCLING (IFB- 600806- 10 /GMG) THIS AGREEMENT is made and entered into this 1- day of 20 , by and between ASPHALT RECYCLING, INC., duly T authorized to conduct business in the State of Florida, whose address is P.O. Box 510875, Melbourne Beach, Florida 32951, hereinafter called "CONTRACTOR ", and SEMiNOLE COUNTY, a political subdivision of the State of Florida, whose address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771, hereinafter called "COUNTY ". W I T N E S S E T H: WHEREAS, COUNTY desires to retain the services of a competent and qualified contractor to provide in -place asphalt recycling for Seminole County; and WHEREAS, COUNTY has requested and received expressions of interest for the retention of services of contractors; and WHEREAS, CONTRACTOR is comp e - and qualified to provide in -place asphalt recycling to COUNTY and to provide services according to the terms and conditions stated herein, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, COUNTY and CONTRACTOR agree as follows: SECTION 1. SERVICES. COUNTY does hereby retain CONTRACTOR to furnish materials and services as further described in the. Scope of Services and Fee Schedule attached hereto as Exhibit A, Exhibit C, General Conditions, and Exhibit D, FHWA Guidelines, all made a part hereof. CONTRACTOR shall also be bound by all requirements as contained in the solicitation package and all addenda thereto. Required materials and services shall be specifically enumerated, described and depicted in the Purchase Orders authorizing purchase of specific materials and services. This Agreement standing alone does not authorize the purchase of materials and services or require COUNTY to place any orders for CERTIFIED COPY Term Contract for In -Place Asphalt Recycling MARYANNE MORSE (IFB- 600806- 10 /GMG) CLf.RK OF CIRCUIT COURT Page 1 of 17 SEMINOLE COUNTY, FLORIDA BY C: DEPUTY CLERK work. SECTION 2. TERM. This Agreement shall take effect on the date of its execution by COUNTY and shall run for a period of three (3) years. At the sole option of COUNTY, this Agreement may be renewed for two (2) successive periods not to exceed one (1) year each. Expiration of the term of this Agreement shall have no effect upon Purchase Orders issued pursuant to this Agreement and prior to the expiration date. Obliga- tions entered therein by both parties shall remain in effect until delivery and acceptance of the materials authorized by the Purchase Order. SECTION 3. AUTHORIZATION FOR SERVICES. Authorization for provi- sion of materials and services by CONTRACTOR under this Agreement shall be in the form of written Purchase Orders issued and executed by COUNTY. A sample Purchase Order is attached hereto as Exhibit B. Each Purchase Order shall describe the materialdservices required and shall state the dates for delivery of mates" and completion of services and establish the amount and method of payment. The Purchase Orders will be issued under and shall incorporate the terms of this Agreement. COUNTY makes no covenant or promise as to the number of available Purchase Orders or that CONTRACTOR will perform any Purchase Order for COUNTY during the life of this Agreement. COUNTY reserves the right to contract with other parties for the services contemplated by this Agree- ment when it is determined by COUNTY to be in the best interest of COUNTY to do so. SECTION 4. TIME FOR COMPLETION. The materials and services to be provided by CONTRACTOR shall be delivered, as specified in such Purchase Orders as may be issued hereunder, within the times specified therein. SECTION 5. COMPENSATION. COUNTY agrees to compensate CONTRACTOR for the professional services called for under this Agreement on a Fixed Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG) Page 2 of 17 M Fee basis. When a Purchase Order is issued for a Fixed Fee basis, then the applicable Purchase Order Fixed Fee amount shall include any and all I reimbursable expenses. SECTION 6. PAYMENT AND BILLING. (a) CONTRACTOR shall supply all materials required by the Purchase Order; but in no event shall CONTRACTOR be paid more than the negotiated Fixed Fee amount stated within each Purchase Order. (b) For Purchase Orders issued on a Fixed Fee basis, CONTRACTOR may invoice the amount due based on the percentage of total Purchase Order materials and services actually provided; but in no event shall the invoice amount exceed a percentage of the Fixed Fee amount equal to a percentage of the total services actually completed and materials delivered. (c) Payments shall be made by COUNTY to CONTRACTOR when requested as materials and services are fur J .�` d but not more than once monthly. Each Purchase Order shall be inv separately. At close of each calendar month, CONTRACTOR shall render to COUNTY an itemized invoice, properly dated, describing any materials provided, the cost of the materials therein, the name and address of CONTRACTOR, Purchase Order Number, Contract Number and any other information required by this Agreement. The original invoice and one (1) copy shall be sent to: Director of County Finance Seminole County Board of County Commissioners Post Office Box 8080 Sanford, Florida 32772 -8080 Two (2) copies of the invoice shall be sent to: Public Works Department 520 W. Lake Mary Boulevard, Suite 200 Sanford, Florida 32773 (d) Payment shall be made after review and approval by COUNTY within thirty (30) days of receipt of a proper invoice from CONTRACTOR. Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG) Page 3 of 17 M] SECTION 7. GENERAL TERMS OF PAYMENT AND BILLING. (a) Upon satisfactory delivery of materials required hereunder and upon acceptance of the materials 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. COUNTY shall pay CONTRACTOR within thirty (30) days of receipt of proper invoice.. (b) COUNTY may perform or have-performed an audit of the records of CONTRACTOR after final payment to support final payment hereunder. This audit would be performed at a time mutually agreeable to CONTRACTOR and COUNTY subsequent to the close of the final fiscal period in which the last materials are provided. Total compensation to CONTRACTOR may be determined *subsequent to an audit as provided for herein and the total compensation so determined shall be used to calculate final payment to CONTRACTOR. Conduct xert- this audit shall not delay final payment as provided by subsection 8f this Section. (c) CONTRACTOR agrees to maintain all books, documents, papers, accounting records and other evidence pertaining to materials provided under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials available at CONTRAC- TOR's office at all reasonable times during the Agreement period and for five (5) years from the date of final payment under the contract for audit or inspection as provided for 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 terms of the Agreement, CONTRACTOR shall refund such overpayment to COUNTY within thirty (30) days of notice by COUNTY. Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG) Page 4 of 17 SECTION 8. RESPONSIBILITIES OF CONTRACTOR. Neither COUNTY's review, approval or acceptance of, nor payment for any of the materials required shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. CONTRACTOR shall be and always remain liable to COUNTY in accordance with applicable law for any and all damages to COUNTY caused by CONTRACTOR's negligent or wrongful provision of any of the materials furnished under this Agreement. SECTION 9. TERMINATION. (a) COUNTY may, by written notice to CONTRACTOR terminate this Agreement or any Purchase Order issued hereunder, in whole or in part, at any time, either for.COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its Agreement obligations. Upon receipt of such notice, CONTRACTOR shall immediately discontinue all services affected, unless the notice direct erwise, and deliver to COUNTY all data, drawings, specifications, s, estimates, summaries and any and all such other information and materials of whatever type or nature as may have been accumulated by CONTRACTOR in performing this Agreement, whether completed or in process. (b) If the termination is for the convenience of COUNTY, CONTRACTOR shall be paid pompensation for services performed to the date of termination. (c) If the termination is due to the failure of CONTRACTOR to fulfill its Agreement obligations, COUNTY may take over the work and prosecute the same to completion by other agreements or otherwise. In such case, CONTRACTOR shall be liable to COUNTY for all reasonable additional costs occasioned to COUNTY thereby. CONTRACTOR shall not be liable for such additional costs if the failure to perform the Agreement arises without any fault or negligence of CONTRACTOR; provided, however, Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG) Page 5 of 17 M that CONTRACTOR shall be responsible and liable for the actions of its subcontractors, agents, employees and persons and entities of a similar type or nature. Such causes may include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the control and without any fault or negligence of CONTRACTOR. (d) If after notice of termination for failure to fulfill its Agreement obligations it is determined that. CONTRACTOR had not so failed, the termination shall be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agreement price shall be made as provided in subsection (b) of this Section. (e) The rights and remedy" of COUNTY provided for in this Section are in addition and suppliUEal to any and all other rights and remedies provided by law or under this Agreement. SECTION 10. AGREEMENT AND PURCHASE ORDER IN CONFLICT. Whenever the terms of this Agreement conflict with any Purchase Order issued pursuant to it, this Agreement shall prevail. SECTION 11. EQUAL OPPORTUNITY EMPLOYMENT. CONTRACTOR.agrees that it will not discriminate against any employee or applicant for employ- ment for work under this Agreement because of race, color, religion, sex, age, disability or national origin and will take steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, disability, or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other forms of Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG). Page 6 of 17 M compensation and selection for training including apprenticeship. SECTION 12. NO CONTINGENT FEES. CONTRACTOR warrants that it has not employed or retained any company or person other than a bona fide employee working solely for CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for CONTRACTOR, any fee, commission, percentage, gift or other, . consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, COUNTY shall have the right to terminate the Agreement at its sole discretion, without liability and to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration. SECTION 13. CONFLICT OF INTEREST. (a) CONTRACTOR agrees that -will not contract for or accept employment for the performance of'`an �vuork or service with any individu- al, business, corporation or government unit that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with COUNTY. (b) CONTRACTOR agrees that it will neither take any action nor engage in any conduct that would cause any COUNTY employee to violate the provisions of Chapter 112, Florida Statutes, relating to ethics in government. (c) In the event that CONTRACTOR causes or in any way promotes or encourages a COUNTY officer, employee or agent to violate Chapter 112, Florida Statutes, COUNTY shall have the right to terminate this Agree- ment. SECTION 14. ASSIGIBONT. This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered under any Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG) Page 7 of 17 circumstances by the parties hereto without prior written consent of the other party and in such cases only by a document of equal dignity herewith. SECTION 15. SUBCONTRACTORS. In the event that CONTRACTOR, during the course of the work under this Agreement, requires the services of subcontractors or other professional associates in connection with services covered by this Agreement, CONTRACTOR must first secure the prior express written approval of COUNTY. If subcontractors or other professional associates are required in connection with the services covered by this Agreement, CONTRACTOR shall remain fully responsible for the services of subcontractors or other professional associates. SECTION 16. INDMMFICATION OF COUNTY. CONTRACTOR agrees to hold harmless and indemnify COUNTY and its commissioners, officers, employees and agents against any and all claims, losses, damages or lawsuits for damages arising from, allegedly arj&IM�q from or related to the provision ft of services hereunder by CONTRACTORa SECTION 17. INSURANCE. (a) GENERAL. CONTRACTOR shall, at its own cost, procure the insurance required under this Section. (1) Prior to commencement of work pursuant to this Agree- ment, CONTRACTOR shall furnish COUNTY with a.Certificate of Insurance signed by an authorized representative of the insurer evidencing the insurance required by this Section (Workers' Compensation /Employer's Liability, Commercial General Liability, and Business Auto). COUNTY and its officials, officers, and employees shall be named additional insured under the Commercial General Liability Policy. The Certificate of Insurance shall provide that COUNTY shall be given not less than thirty (30) days written notice prior to the cancellation or restriction of coverage. Until such time as the insurance is no longer required to be Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG) Page 8 of 17 M maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement Certificate of Insurance not less than thirty (30) days before expiration or replacement of the insurance for which a previous certificate has been provided. (2) The Certificate shall contain a statement that it is being provided in accordance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. In lieu of the statement on the Certificate, CONTRACTOR will at the option of COUNTY submit a sworn, notarized statement from an authorized represent- ative of the insurer that the Certificate is being provided in accor- dance with the Agreement and that the insurance is in full compliance with the requirements of the Agreement. (3) In addition to providing the Certificate of Insurance, if required by COUNTY, CONTRACTOR shall within thirty (30) days after receipt of the request provide CO with a certified copy of each of the policies of insurance prove i h3 the coverage required by this Section. (4) Neither approval by COUNTY nor failure to disapprove the insurance furnished by CONTRACTOR shall relieve CONTRACTOR of its full responsibility for performance of any obligation including CONTRACTOR indemnification of COUNTY under this Agreement. (b) INSURANCE COMPANY REQUIREMENTS Insurance companies provid- ing the insurance under this Agreement must, meet the following require- ments: (1) Companies issuing policies other than Workers' Compen- sation must be authorized to conduct business in the State of Florida and prove same by maintaining Certificates of Authority issued to the companies by the Department of Insurance of the State of Florida. Policies for Workers' Compensation may be issued by companies authorized Term Contract for In -Place Asphalt Recycling (IFB- 600806 -10 /CMG) Page 9 of 17 as a group self- insurer by Section 624.4621, Florida Statutes. (2) In addition,. such companies other than those authorized by Section 624.4621, Florida Statutes, shall have and maintain a Best's Rating of "A -" or better and a Financial Size Category of "VII" or better according to A.M. Best Company. (3) If during the period which an insurance company is providing the insurance coverage required by this Agreement, an insur- ance company shall: (i) lose its Certificate of Authority, (ii) no longer comply with Section 624.4621, Florida Statutes, or (iii) fail to maintain the requisite Best's Rating and Financial Size Category, CONTRACTOR shall, as soon as CONTRACTOR has knowledge of any such circumstance, immediately notify COUNTY and immediately replace the insurance coverage provided by the insurance company with a different insurance company meeting the requirements of this Agreement. Until such time as CONTRACTOR has replac *d the unacceptable insurer with an insurer acceptable to COUNTY CONT l ~ shall be deemed to be in default of this Agreement. (c) SPECIFICATIONS Without limiting any of the other obliga- tions or liability of CONTRACTOR, CONTRACTOR shall, at its sole expense, procure, maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in the Agreement, the insurance shall become effective prior to the commencement of work by CONTRACTOR and shall be maintained in force until the Agreement completion date. The amounts and types of insurance shall conform to the following minimum requirements. (1) Workers' Compensation /Employer's Liability (A) CONTRACTOR's insurance shall cover CONTRACTOR for liability which would be covered by the latest edition of the standard Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG) Page 10 of 17 r Workers' Compensation Policy as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. CONTRACTOR will also be responsible for procuring proper proof of coverage from its subcontractors of every tier for liability which is a result of a Workers' Compensation injury to the subcontractor's em- ployees. The minimum required limits to be provided by both CONTRACTOR and its subcontractors are outlined in subsection (c) below. In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the United States Longshore- men and Harbor Workers' Compensation Act, Federal Employers' Liability Act, and any other applicable Federal or State law. (B) Subject to the restrictions of coverage found in the standard Workers' Compensation Policy, there shall be no maximum limit on the amount of coverage for liability imposed by the. Florida Workers' Compensation Act, the Ur�ftGtq - States Longshoremen's and Harbor Y k / 3 Workers' Compensation Act or ariy er coverage customarily insured under Part One of the standard Workers' Compensation Policy. (C) The minimum amount of coverage under Part Two of the standard Workers''Compensation Policy shall be: $100,000.00 (Each Accident) $100,000.00 (Disease- Policy Limit) $100,000.00 (Disease -Each Employee) (2) Commercial General Liability. (A) CONTRACTOR's insurance shall cover CONTRACTOR for those sources of liability which would be covered by the latest edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Insurance Services Office, without the attachment of restrictive endorsements other than the elimination of Coverage C, Medical Payment and the elimination of coverage for Fire Damage Legal Liability. Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG) Page 11 of 17 N (B) The minimum limits to be maintained by CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be as follows: LIMITS General Aggregate Three (3) Times the Each Occurrence Limit Personal & Advertising $300,000.00 Injury Limit Each Occurrence Limit $300,000.00 (3) Business Auto Policy (A) CONTRACTOR'S insurance shall cover CONTRACTOR for those sources of liability which would be covered by Part IV of the latest edition of the standard Business Auto Policy (ISO Form CA 00 01), as filed for use in the State of .Florida by the Insurance Services Office, without the attachment of restrictive endorsements. Coverage shall include owned, non - owned, and hired autos. (B) The minimum is to be maintained by CONTRACTOR (inclusive of any amounts proviciL4Y an Umbrella or Excess policy) shall be per- accident, combined single limit for bodily injury liability and property damage liability. If the coverage is subject to an aggregate, CONTRACTOR shall maintain separate aggregate limits of coverage applicable to claims arising out of or in connection with the work under this Agreement. The separate aggregate limits to be main -. tained by CONTRACTOR shall be a minimum of three (3) times the per - accident limit required and shall apply separately to each policy year or part thereof. (C) The minimum amount of coverage under the Business Auto Policy shall be: LIMITS Each Occurrence Bodily $300,000.00 Injury and Property Damage Liability Combined Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG) Page 12 of 17 M (d) COVERAGE The insurance provided by CONTRACTOR pursuant to this Agreement shall apply on a primary basis and any other insurance or self- insurance maintained by COUNTY or COUNTY's officials, officers, or employees shall be excess of and not contributing with the insurance provided by or on behalf of CONTRACTOR. (e) , OCCURRENCE BASIS The Workers' Compensation Policy and the Commercial General Liability required by this Agreement shall be provided on an occurrence rather than a claims -made basis. (f) OBLIGATIONS Compliance with the foregoing insurance requirements shall not relieve CONTRACTOR, its employees, or its agents of 'liability from any obligation under a Section or any other portions of this Agreement. It shall also be the responsibility of CONTRACTOR to ensure that all of its subcontractors performing services under this Agreement are in compliance with the insurance requirements of this Agreement as defined above. T SECTION 18. DISPUTE RESOLUVTU (a) In the event of a dispute related to any performance or payment obligation arising under this Agreement, the parties agree to exhaust COUNTY dispute resolution procedures prior to filing suit or otherwise pursuing legal remedies. COUNTY dispute resolution procedures for proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures," Seminole County Administrative Code. Contract claims include all controversies, except disputes addressed by the "Prompt Payment Procedures," arising under this Agreement within the dispute resolution procedures set forth in Section 8.1539, "Contract Claims," Seminole County Administrative Code. (b) CONTRACTOR agrees that it will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration in COUNTY dispute resolution procedures Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /61W) Page 13 of 17 set forth in subsection (a) above of which CONTRACTOR had knowledge and failed to present during COUNTY dispute resolution procedures. (c) In the event that COUNTY dispute resolution procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation SECTION 19. REPRESENTATIVES OF COUNTY AND CONTRACTOR. (a) It is recognized that questions in the day -to -day conduct of performance pursuant to this Agreement will arise. COUNTY, upon request by CONTRACTOR, will designate and advise CONTRACTOR in writing of one or more of its employees to whom all communications pertaining to the day- to-day conduct of this Agreement be addressed. The designated representative shall have the �`iebrity to transmit instructions, receive information and interpret and define COUNTY'S policy and decisions pertinent to the work covered by this Agreement. (b) CONTRACTOR shall at all times during the normal work week designate or appoint one or more representatives who are authorized to act on behalf of and bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep COUNTY continually and effectively advised of such designation. SECTION 20. ALL PRIOR AGREEMENTS SUPERSEDED. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements or, understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that are not contained or referred to in this document. Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG) Page 14 of 17 M Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. SECTION 21. MODIFICATIONS, AMENDMENTS, OR ALTERATIONS. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith_ SECTION 22. INDEPENDENT CONTRACTOR. It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners between the parties, or as constituting CONTRACTOR (including its officers, em- ployees., and agents) as an agent, representative or employee of COUNTY for any purpose or in any manner whatsoever. CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under this Agre \t. SECTION 23. EMPLOYEE STATU Q - Versons employed by CONTRACTOR in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment com- pensation, 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 furnished by CONTRACTOR not specifically provided for herein shall be honored by COUNTY. SECTION 25. PWLIC RECORDS LAW. CONTRACTOR acknowledges COUNTY'S obligations under Article I, 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 I, Section 24, Florida Constitution, and Chapter Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GM) Page 15 of 17 W 119, Florida Statutes, in the handling of the materials created under this Agreement and that said statute controls over the terms of this . Agreement. SECTION 26. COMPLIANCE WITH LAWS AND REGULATIONS. In providing all services pursuant to this Agreement, CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to or regulating the provisions of such services including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or regulations shall constitute a material breach of this Agreement. and shall entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. SECTION 27. NOTICES. Whenever either party -desires to give notice unto the other, it must be given by written notice, sent by registered or certified United States mail, return receipt requested, addressed to the party for who is intended a� the place last specified. The place for giving'e ;V_ shall remain such until it shall have 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, to --wit: For COUNTY: Public Works Department 520 W. Lake Mary Boulevard, Suite 200 Sanford, Florida 32773 For CONTRACTOR: Asphalt Recycling, Inc. P.O. Box 510875 Melbourne Beach, Florida 32951 SECTION 28. RIGHTS AT LAW RETAINED. The rights and remedies of COUNTY provided for under this Agreement are in addition and supplemen- tal to any other rights and remedies provided by law.. Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG) Page 16 of 17 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date below written for execution by COUNTY. ATTEST: MARK BITOMSKI Vice President (CORPORATE SEAL) ATTEST: ASPHALT RECYCLING, INC. By: e THEODORE W. BITOMSKI President / Date: X0(0 - �d ) ! d CMel D e puty By: MARYANNL:'�ktL1BS3! BOIF DALLARI , irman Clerk to the o rd of County Comm' sio ers of Date: Seminole Co nty, Florida. For the us&,aDRY reliance of Seminole County only. Approved as to form and legal sufficiency. As authorized for execution by the Board of Co ty Commissioners at their. 20 ar iffieting. County Attorney AEC /lpk 11/23/09, 2/9/10 P: \Users \Legal Sec etary CSB \Purchasing 2009 \Agreements \IFB- 600806.doc Attachments: Exhibit A - Scope of Services and Fee Schedule Exhibit B - Sample Purchase Order Exhibit C - General Conditions Exhibit D - FHWA Guidelines Term Contract for In -Place Asphalt Recycling (IFB- 600806- 10 /GMG) Page 17 of 17 ML WC H General Description of Services Seminole County requires a competent Contractor to furnish an asphalt stabilized base course composed of a mixture of the existing bituminous concrete pavement and existing base course material. The manufacture of the asphalt stabilized base course 'shall be done by in -place crushing and blending of the existing pavement and base materials and the introduction of asphalt emulsion. The pulverization, blending, and addition of asphalt emulsion to the existing materials, which results in an asphalt stabilized base course, shall be accomplished in accordance with these. specifications. Technical Sp ecifications for Asphalt Base Stabilization A. Descrintion This work shall consist of the preparation of an asphalt stabilized base course composed of a mixture of the existing bituminous concrete pavement and existing base course material. The manufacture of the asphalt stabilized base course shall be done by in -place crushing and blending of the existing pavement and base materials and the introduction of asphalt emulsion. The pulverization, blending, and addition of asphalt emulsion to the existing materials, which results in an asphalt stabilized base course, shall be accomplished in accordance with these specifications. In general, the contractor shall utilize equipment specifically manufactured to accomplish this work, which can effectively pulverize, crush, mix, and blend the material to be recycled. The equipment to be used must also have the capability of introducing an asphalt emulsion uniformly and accurately to the recycled materials. Mixing shall not be done during periods of rain or when the threat of rain in imminent. The reclaimer must be a 425 or more horsepower engine. The reclaimer must be capable of pulverizing and mixing the pavement, base materials, and sub -grade soil to a depth of .40m (16). It must be equipped with an emulsion storage tank with a capacity of at least three hundred gallons. When using emulsion out of the storage tank it must be metered through the reclaimer's automatic injection system. The contractor will furnish the asphalt emulsion (AE200 or superior based on certified lab test) to mix with the existing base. The contractor will furnish all equipment and operators necessary to assist with breaking, injecting the roadbed, compacting and bringing - to finish grade the processed base: Portland cement may' be used in lieu of asphalt emulsion as directed by the county in which case all work and material shall conform to Section 270 of the most recent FDOT Standard Specification for Road and Bridge Construction. The contractor will furnish all Maintenance of Traffic requirements, compliant to Section 102 of the most recent edition of the Florida Department of Transportation Specifications for Road and Bridge Construction. B. Construction Methods: The existing pavement and base material shall be crushed and blended to a minimum depth specified and the gradation shall be two and one half (2 %) inches and under so that the entire mass of material shall be uniformly dispersed throughout the processed base minimum depth shall be the bottom of existing base material. The contractor shall then shape the base course material to line and grade and haul off surplus material before the second pass for emulsion injection. The contractor shall obtain the services of a certified testing laboratory to sample the existing IFB- 600806- 10 /GMG —Term Contract for In -Place Asphalt Recycling 2 W 3 pavement and base material to provide a modified Marshall Test for road base design for processed material at a depth specified. The processed material shall meet the following requirements: Modified Marshall Stability 1600 Minimum Estimated Layer Coefficient .18 Minimum Residual Asphalt Content ( %) .0 to 4 Soil cement base course shall attain a minimum 7 day compressive strength of 300 PSI. Mixing shall not be done in any weather detrimental to the intended finished material. After the material has been processed, it will be the contractor's responsibility to add water to insure optimum moisture content, thoroughly compact, and finish grade. The completed asphalt stabilized base shall be tested for smoothness and accuracy of grade and if any portion is found to lack the required smoothness or accuracy, such portion shall be reshaped and re- compacted until the required smoothness and accuracy are obtained. The finished surface shall have a tolerance of one quarter inch, plus or minus, to the grade shown on the plans and cross section. The contractor shall be responsible for removing all excess material from curbs, yards, shoulders, etc. as directed by the County. Prior to the start of the recycling work, all water gates, manhole castings, and catch basins will be located and clearly marked for location. All work under this item shall precede one half widths at a time to allow for passage of through traffic. Access to property abutters is to be provided as necessary. The contractor must have the ability to work completely within an eleven (11) foot travel lane, to insure no impact to adjacent travel lanes, upon direction of contract manager. The contractor shall notify all affected residents of proposed work a minimum seven (7) calendar days prior to start of work using a county approved door hanger. Contractor must provide and distribute door hangers. C. Testing: It will be the contractor's responsibility to obtain the. services of a certified testing laboratory to make sure that the contractor has thoroughly compacted the stabilized base to not less than ninety -eight percent (98 %) of the maximum dry density at optimum moisture content using a modified Proctor Test, in accordance with .the (AASHTO) -180. Shoulder /Roadway Excavation and Base Preparation For Pavement: Contractor shall provide all traffic control as described above. Contractor shall supply all equipment and labor to facilitate the shoulder /roadway excavation and the stabilization of approved Base Material. The County shall furnish all Base Materials. Project shall be excavated a minimum of 5" to a maximum of 20" below edge 'of pavement elevation and stabilized with a minimum 4" to a maximum of 19" of approved Base Material. Base Material shall be installed in maximum 6" lifts with 100 LBR to 98°x6 AASHTO t -180 modified proctor. Testing areas shall be no further than 300 feet apart and staggered to the left, right, and center. IFB- 600806- 10 /GMG -Term Contract for In -Place Asphalt Recycling 4 Excavation and Preparation of Shoulder for Sod/Seed: Contractor shall provide all traffic control as described above. Contractor shall supply all equipment and labor to facilitate the shoulder excavation and preparation. Contractor will excavate to a depth determined by contract manager or designated representative. Finished grade of shoulder must be 3" below edge of adjacent pavement. The contractor will apply Section 162, Finished Soil Layer, of the most recent edition of the Florida Department of Transportation Specifications for Road and Bridge Construction in preparation of sod or seed installation by county or county supplied vendor. General Conditions are included as part of this solicitation as Exhibit C. IFB- 600846- 14 /GMG — Term Contract for In -Place Asphalt Recycling SUBMT ND To: -INVITATION FOR Cgs!► 13M Ead2r' Shod BID SaMord, Plaids 32771 and KRCHASM AND CONTRACTS DlvlSMIN ' Bidder Adavowledgment . oO" � IF13- 600806 -101GUG , 407-865-7123 - Pimi 4074M5 -79ss - Sax Term Conbact for hit-Place Asphalt Recyc1b g Bid Due Jan my Ja my 27, 2010 tore of Putt OpenbW Bid Due Tkm 2:00 PX Cou* Sam Bu§dng. Room s3208 1301 End 2rid Shaet, SwkvA fbdd& 3277 t Bar Nww Federa EmpkW ID Number or SS I;irxrd . As h l�� o J;n x'�c Gs = 00 6 a M rokm G*tft raex l� 0, A6K city, Stoft Ar Type of Entigr:, v /` r pi . kmmwow y� y�� ■!t o S�o4 F ® ! T l- t J 2 r Tai Free Takyhow Number. /Y ..11.w ; f FINK NArAW. 32(- G3 Z 63 S Ddw flRS'/.�o f o' THIS FORM MUST BE COMPLETED AND RETURNED WITH YOUR BID The Apps is exp=W to conmptst* only the Mfamatiori coshed in this Iri &Won for 81d as'• gckdanos for the ps*paration of the subrs. 'The Ap~s submittal shah be afti * spodk detalledi and complete to dearly and fuly I derrowb*e the Apps =Ws uNnderstancfng of the proposed worts IF8-60080B 1.Q*M —Term Cwhad far M4%ce A R Section 4 Revised Price Proposal Per Addendum M PROJECT. TERM CONTRACT FOR I PLACE ASPHALT RECYCLING COUNTY CONTRACT -NO. iFB4*0806401GMG Name of Proposer. t - Phone Number Q 2. FAX Number: ( 6 - 6 3 25_ Pursuant to and in compliance with the Invitation for Bid, Instructions to Bidders, and the other documents relating thereto, the undersigned Bidder, having familiarized himself with the terms of the Contract Doc its, local conditions ~ng the performance of the Work, and the cost of the Work at the places where the Work Is to be done, hereby proposes and agrees to perform, Including all of Its component parts and everything required to be performed, and to provide and furnish any and all of the labor, material, and tools, equipment, and all transportation services necessary to pe r arrn the Work and complete in a waarionanlilm manner, ag of the Wait required In eonnecfion with the required services, all In strict conformity Contract Docu rents, Including Addenda Nos. f through on file at the Purchasing Division for the amount hereinafter set forth. - The undersigned, as Bidder, declares that tfae only persons or parties Mhwested In this bid as Whvipals are those named hereln; that this bid is made'w xU collusion with any person, firm or corporation; and he proposes and agrees, if the bid Is accepted, that hafthe wig ex =ds an Agreww" with the COUNTY In the form set forth In the Contract Documents; that helshe vn'il furnish the Insurance Cerfificate&- Required services and materials shag be specifically enumerated, described and depicted In the Release Orders authorizing performance of the speeft task. Au on for performanoe of services by the selected Contractor(s) uncles' this agreement shag be in the form of written Release Orders issued and executed by the County In accordance with the oorftA. IFB- 600806 -IOANG - Term Contract for In -Place Asphalt Recycling - Addendum #1 z Price Schsdm Total cost for Croup I: ,Total Cost for Group it Total Cost far Group III: TOW Cost for Grog m TOW Coat for Group V. $ 1 Y 2 � 0 � Lyyo�y $ 11 8 000 $ X 11 0 Q TOTAL AMOUNT OF M. 7. GS Iers 113,V11iT11fESS V{i , 20 / j � a_,�,� a �,,,,,, PROPOSER has tt "UntD executed Hfs FORM V* � b� day of it owah" of pew FORM) 0"ded nom a of person sWft FORM) CM of person fining FORM) !F84RX 06 -101GW — Taut Conhad fEW M -Piece Asphalt ReCyc MOW= #1 m ilf 1t! o� 6� O m ` u C= r 5 40 A. c V 1 • 0. 1 '0 w SL N SL a a a ZL bn C$ CL C �- C 92 —i G7 O 'a e s 440 48 40 ss 40 to 40 En to fn 40 p th Q �r 4�1• 9 4 d C Q A A. c V 1 • 0. 1 '0 t 0 �n 4 r►w.� CL 0 n m M _ w 0 � a Ul t r p Q A � v3 vs CL fw o. 0 0 0 � o ~ f= Ct S L a t � f O 4 Ul t t �n 4 r►w.� CL 0 n m M _ w 0 � a Ul t r p Q A � v3 vs CL Q 0 E Ct S L a t � f O 4 Ul t �n 4 r►w.� CL 0 n m M _ w 0 � a Ul t r "Ti Boas or county Commissioners plimill FLORIDA SALES: Wl1 -03690 -53C Seminole County, Florida �F�LS�sn,SE:W74 -0013K PURCHASE ORDER COUNTY SERVICES BUILDING 1101 EAST FIRST STREET SANFORD FL 32771 Page 1 ORDER NUMBER: P6CAt > iERY10ESDEPARTMENT- PURCHASMGAND CONTRACTS DIVISION 1101 E 1st STREET - COUNTY SERVICES BLDG. - RM. 113 N SAWORD FLORIDA 32771 PHONE: (107) 665.71161 FAX (107) 66&7956 GC -1 EXHIBIT C TABLE OF CONTENTS GENERAL CONDITIONS Sections 1. Definitionsfinterpretations 2. Preliminary Matters 3. Contract Documents; General Conditions; Intent and Reuse 4. Availability of Lands; Physical Conditions; Reference Points 5. Bonds and Insurance 6. Contractor's Responsibilities 7. Work by Others 8. County's Responsibilities 9. Project Manager's and Architect of Record's Status During Construction 10. Changes in the Work 11. Changes in Contract Price or Contract Time 12. Schedules 13. Warranty or Guarantee, Tests and Inspections, Connections, Removal or Acceptance of Defective Work 14. Payments to Contractor and Completion 15. Supervision of Work and Termination 16. Value Engineering Incentive 17. Miscellaneous 18. Measurement and Payment 19. Contract Claims Resolution Page 2 8 10 12 16 17 44 46 47 50 52 59 63 67 73 76 79 81 83 IFB- 600806- 10 /GMG — Term Contract for In -Place Asphalt Recycling i xiewi DIVISION I STANDARD SPECIFICATIONS GENERAL CONDITIONS SECTION 1 - DEFINITIONSIINTERPRETATIONS 1.1 Definitions. Whenever used in the Contract Documents, the following terms shall have the meanings indicated, which shall be applicable to both the singular and plural thereof. Addenda - Written or graphic Instruments issued prior to the date for opening Bids which modify or Interpret the Bidding Documents by additions, deletions, corrections or clarifications. Acceptance; Final Acceptance - The formal action by COUNTY accepting the Work as being complete after certification by ARCHITECT of Final Completion. Agreement - The written Agreement between COUNTY and CONTRACTOR covering the Work to be performed; other Contract Documents are incorporated in or referenced in the Agreement and made a part thereof as provided therein. Apparent Low Bidder - The Bidder submitting the lowest Bid at the Bid opening without correction of numerical discrepancies or determination of responsiveness and responsibility. Application for Payment - The form furnished in the Contract Documents which is to be used in processing Partial or Final Payments to CONTRACTOR and which shall contain an affidavit by CONTRACTOR that Partial Payments theretofore received from COUNTY on account of the Work have been applied by CONTRACTOR to discharge in full all of CONTRACTOR's obligations stated in prior Applications for Payment. The application includes such supporting documentation as required by the Contract Documents. Architect — Design Professional that provides planning, design, and construction administration services for the project. Bid - The offer or proposal of a Bidder submitted in the prescribed manner on the prescribed forms to perform the Work in accordance with the Contract Documents. Bidder - The individual, partnership, corporation, joint venture, or other legal entity or combination thereof submitting a Bid for the Work directly to COUNTY through an authorized representative. Bid Documents - The Invitation For Bid, instructions to Bidders, Bid Forms, Addenda, Bid Bond, Swom Statement Under Section 287.133(3)(a) of Florida Statutes, Bidder Information, Non - Collusion Affidavit Of Bidder, Certificate of Non - segregated Facilities, List of Subcontractors and Major Materials Suppliers, Plans and_ Specifications, Agreement, General Conditions, Contract Documents, Bonds, Technical Specifications If applicable, CONTRACTOR's Insurance Requirements, Certificates, and Insurance Policies. Bonds - Instruments of security furnished by CONTRACTOR and his Surety in accordance with the Contract Documents, Building Elements - An architectural, structural, electrical, mechanical or plumbing component of a building, facility, space, or site. Certificate of Occupancy — Certificate issued by a local authority indicating that a permitted project meets Building -Code requirements. IFB- 600806- 10 /GMG — Term Contract for In -Place Asphalt Recycling GC -3 Change Order - A written instrument issued on or after the Effective Date of the Agreement, of which when duly executed by COUNTY and CONTRACTOR amends the Contract Documents to provide for changes in the Work or in the provisions of the Contract Documents, or changes in Contract Price or Contract Time, or any combination thereof. Consultant - The professional engineering or architectural firm registered in the State of Florida who performs professional engineering or architectural services for the COUNTY other than COUNTY personnel. The Consultant may be the ENGINEER or ARCHITECT OF RECORD or may provide contracted services to the ENGINEER or ARCHITECT OF RECORD. Contract Claim - Any dispute arising out of or related to the Contract Documents between the COUNTY and CONTRACTOR including, but not limited to, any demand or assertion "by one of the parties seeking any equitable adjustment of the Contract Price, Contract Time or other relief with respect to the Contract Documents. Contract Documents - The Agreement and those documents referenced in the Agreement. Contract Price - The total compensation, subject to authorized adjustments, payable by COUNTY to CONTRACTOR for satisfactory completion of all Work under the Contract Documents as stated in the Agreement. Contract Time - The period of time allotted in the Contract Documents, subject to authorized adjustments, for Substantial Completion and Final Completion of the Work, or other interim completion dates identified in the Contract Documents. CONTRACTOR - The individual, partnership, corporation, joint venture, or other legal entity or combination thereof, who is currently and actively licensed by the State of Florida and who has entered into the Agreement with COUNTY for the performance of the Work. The term "CONTRACTOR" means CONTRACTOR or its authorized representative. Critical Path items - Those Work items that are directly interrelated such that each has a definite influence on achieving the Date of Substantial Completion as agreed and on the progress of the overall Work. Cost and Pricing Data - Refers to all data available to or relied upon by CONTRACTOR in negotiating, pricing or costing Work covered by a Change Order or a Change Request, or involved in a Contract Claim. COUNTY - Seminole County, a political subdivision of the State of Florida; the Owner. Date of Commencement of the Contract Time - The Begin Date given by the Notice to Proceed when the Contract Time commences to run. Day - A calendar day of 24 hours lasting frorn midnight one day to midnight the next day. Defect or Defective - A reference to Work that is unsatisfactory, faulty or deficient, or does not conform to the contract plans or specifications or does not meet the requirements of any inspection, code, reference standard, .test or approval referred to in the Contract Documents or has been damaged prior to Final Acceptance (unless responsibility for the protection thereof has been assumed by COUNTY). Drawings, Plans - The drawings, plans or reproduction thereof, which show scope, character, location, dimensions, and other details of the Work to be performed under the Contract Documents. Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated It means the date on which the Agreement is signed by the last of the two parties to sign. IFB- 600806- 10IGMG - Term Contract for In -Place Asphalt Recycling GC -4 Architect or Engineer of Record - The Professional Engineer or Architect contracted by the COUNTY or employed by COUNTY and registered in the State of Florida who develops criteria and concept for the Work, performs the analysis, responsible for the preparation of the Plans and Specifications and administers over the construction. The Architect or Engineer of Record may be COUNTY in -house staff or a Consultant retained by the COUNTY. Equipment - The Machinery and Equipment, together with the necessary supplies for upkeep and maintenance thereof; also, the tools and all other apparatus necessary, for the construction and acceptable completion of the Work. Facilities - Any County general or office buildings, fire stations, correctional facilities, Courthouse, Juvenile Justice Center, Animal Control Facilities, libraries, building structures at County parks, site utilities or improvements, equipment, roads, walks, passageways, parking lots or other real or personal property of Seminole County. Field Order - A written instrument issued by ENGINEER to CONTRACTOR which orders minor variations in the Work, as opposed to a change in the Work, and which does not involve an adjustment in Contract Price or Contract Time, Final Completion - That date when (a) the Work is complete in accordance with the Contract Documents including the minor items identified during the inspection described in these General Conditions, and (b) the CONTRACTOR has submitted its request for Final Payment including the CONTRACTOR's Release and all Subcontractor Affidavits. General Conditions - Division I of the Standard Specifications. The contractual provisions describing the responsibilities, rights and relationships of the Owner (Seminole County) and of the Contractor. Holidays - Days designated by Seminole County as legal holidays. These days are: New Year's Day Martin Luther King's Birthday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Day Christmas Day - January 1st - Third Monday in January - Last Monday in May - July 4th First Monday in September - As Designated Fourth Thursday in November - Fourth Friday in November - December 25th Inspector or Field Representative - An authorized representative of the Architect, assigned to make official inspections of the Materials furnished and of the Work performed by the CONTRACTOR. Laws and Regulations; Laws or Regulations - Laws, Rules, Codes, Regulations, Ordinances, and/or court or administrative Orders of the federal, state and local governments. Low Bidder - The lowest responsive, responsible Bidder. Lump Sum - A pay item within the Contract Documents, which is paid without regard to quantities or units of measure. Major Item of Work - Any item of Work having an original value in excess of five percent of the original Contract Price shall be considered as a major item of Work. Materials - Any substances to be incorporated in the Work under the Contract Documents. Notice of Award - The written notice of the acceptance of the Bid from COUNTY to Low Bidder. IFB- 600806- 10IGMG - Term Contract for In -Place Asphalt Recycling GC -5 Notice to Proceed - The written notice issued by COUNTY to CONTRACTOR authorizing it to proceed with the Work and establishing the Date of Commencement of the Contract Time. Owner - Refer to definition of COUNTY. Plans - The approved plans, including reproductions thereof, showing the location, character, dimensions and details of the Work to be done. Performance Bond - The security furnished by CONTRACTOR and its Surety as a guarantee that CONTRACTOR will perform all of its contractual obligations in accordance with the terms of the Contract Documents. The covered amount of the Performance Bond is separate and distinct from the covered amount of the Payment Bond. Permits - An authorative or official certificate of permission. Progress Schedule - All documentation related to the planning, scheduling and implementation of the Work as described in the Contract Documents. Project - The total construction of which the Work to be provided under the Contract Documents is a part as indicated elsewhere in the Contract Documents. Project Manager - The authorized representative of the County who is assigned to the Project. The County's representative acting directly or through duly authorized representatives. Consultants who may serve as the COUNTY's Architect of Record for construction, engineering and inspection or Consultants acting within the scope of the duties and authority assigned to them. Request for Information - CONTRACTOR's inquiries for information as submitted on the Request for Information form included in the Contract Documents. Right -of -Way - The land which the COUNTY has title to or rights of use. Shop Drawings - - All Drawings, diagrams, illustrations, schedules and other data which are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and submitted by CONTRACTOR to illustrate Material or Equipment for some portion of the Work, specifically indicating how CONTRACTOR will comply with the Contract Documents. Specifications - The directions and provisions contained herein, together with all stipulations contained in the Contract Documents, setting out or relating to the quality of the Work or conditions under which Work shall be performed, or to - the quantities and qualities of Materials and labor to be furnished under the Contract Documents. Subagreement - A contract or purchase order awarding a part of the Work under the Contract Documents to a Subcontractor, Supplier or other person or entity. Subcontractor - An individual, partnership, corporation, joint venture, or other combination thereof having a Subagreement with CONTRACTOR for (a) the performance of labor in connection with part of the Work at the site; or (b) for both performing labor in connection with part of the Work at the site and furnishing items of Materials or Equipment for incorporation into the Work. Subcontractor also means an individual, partnership, corporation, joint venture, or other combination thereof who has a Subagreement with another Subcontractor to perform any of the Work at the site. . Substantial Completion - That date when (a) the Work is complete in accordance with the Contract Documents, with the exception of the minor items Identified during the Inspection described in these General Conditions, and (b) the Work can be utilized for the purposes for which it is intended, as may be evidenced by successful completion of all specified pre - operational start -up and demonstration tests. The IFB- 640806- 10lGMG - Term Contract for In -Place Asphalt Recycling W GC -6 terms "substantially complete" and "substantially completed" as applied to any Work refer to Substantial Completion thereof, Superintendent - The CONTRACTOR's authorized representative, who must be a principal or employee -of the CONTRACTOR, in responsible charge of the Work. Supplemental Agreement - A written agreement between the CONTRACTOR and the COUNTY, and signed by the Surety, modifying the contract within the limitations set forth in the Standard Specifications. Supplementary Conditions - The part of the Contract Documents which amends or supplements these General Conditions. Supplier - A manufacturer, fabricator, Supplier, distributor, materialman or vendor. Surety - The corporate body which is bound by the Bonds required by the Contract Documents with and for the CONTRACTOR and which agrees to be responsible for performance of the Work for which the Agreement has been made and for payment of all costs pertaining thereto. Technical Specifications - Directions and provisions relating to the quality of the Work or conditions under which Work shall be performed and described in the Technical Specifications section of these Contract Documents. Total Bid - Amount stated in the Bid Form by the Bidder as the Bidder's offer to furnish all labor, Materials and Equipment to perform all Work in strict accordance with the Contract Documents. If an Agreement is awarded to a Bidder, the Total Bid amount shall be the Contract Price. Underground Facilities - All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other such facilities or attachments, and any encasements containing such facilities which have been installed underground to furnish any of the following services or Materials: electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, sewage and drainage removal, traffic or other control systems or water. Unit Price - Amount stated in the Contract Documents as a price per unit of measurement for Materials or services required in the Work. Unit Price Work - Work to be paid on the basis of Unit Prices. Value Engineering Change Proposal - A cost reduction proposal initiated and developed by the CONTRACTOR for the purpose of refining the Contract Documents so as to contribute to design cost effectiveness or significantly improve the quality of Work. Warranty Period - The period of time within which CONTRACTOR shall promptly, without cost to COUNTY and in accordance with COUNTY's written instructions, either correct Defective Work or, if it has been rejected by COUNTY, remove it from the site and replace it with non - Defective Work. The Warranty Period does not limit the CONTRACTOR's warranty that the Work has been completed in accordance with the Contract Documents. Work - All labor; permits, bonds, equipment, Materials and incidentals required for the construction of the improvement by the Contract Documents, including superintendence, use of Equipment and tools, and all services and responsibilities prescribed or implied, which are necessary for the complete performance by the CONTRACTOR of his obligations under the Contract Documents. Unless otherwise specified herein or in the Contract Documents, all costs of liability and of performing the Work shall be at the CONTRACTOR's expense. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling M GC -7 1.2 Interpretations. 1.2.1 Any reference to a Section or subsection in these General Conditions without identification of the particular Section or subsection shall mean a reference to these General Conditions, 1.2.2 Each Section in these General Conditions is composed of sub - sections, numbered as this subsection 1.2 is numbered; parts, numbered as this part 1.2.2 is numbered; and sub -parts - all of which are generally referred to as subsections. A reference to a sub - section means a reference to the entire sub - section, or to a part, or a sub -part, or any combination of them, depending on the intent of the reference. 1.2.3 Often, the Contract Documents omit the modifying word "all" and "any ", end the articles "the" and "an ". However, omitting modifiers or articles from, or inserting any of them into, a statement shall not in any way affect the meaning or interpretation of either statement. 1.3 Abbreviations. AAN American Association of Nurserymen, Inc. AASHTO American Association of State Highway and Transportation Officials AGC The Associated General Contractors of America, Inc. AISI American Iron and Steel Institute ANSI American National Standards Institute,inc. AREA American Railway Engineering Association ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials AWS American Welding Society AWPA American Wood Preservers Association AWWA American Water Works Association CRSI Concrete Reinforcing Steel Institute CS] Construction Specification Institute FDEP Florida Department of Environmental Protection FDOT Florida Department of Transportation FSS Federal Specifications and Standards IEEE Institute of Electrical and Electronics Engineers IES Illuminating Engineering Society IPCEA Insulated Power Cable Engineers Association MUTCD Manual on Uniform Traffic Control Devices NEC . National Electrical Code (As recommended by the National Fire Protection Association) NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association PCA Portland Cement Association SAE Society of Automotive Engineers SJRWMD St. John's River Water Management District SSPC Steel Structures Painting Council Each of the above abbreviations, when followed by a number or letter designation, or combination of numbers and letters, shall be understood to designate a specification, test method or other code or recommendation of the particular authority or organization so shown. iFM00806- 10 /GMG - Term Contract for In -Place Asphalt Recycling , . t GC -8 SECTION 2 - PRELIMINARY MATTERS 2.1 Copies of Documents. COUNTY shall furnish to CONTRACTOR one copy of the Contract Documents free of charge. CONTRACTOR will be responsible for obtaining additional copies. 2.2 Commencement of the Contract Time; Notice to Proceed. 2.2.1 The Contract Time will begin on the date indicated in the Notice to Proceed. 2.2.2 The CONTRACTOR shall start to perform the Work on the date indicated on the Notice to Proceed. The CONTRACTOR shall not start to perform the Work prior to the date indicated on the Notice to Proceed unless otherwise authorized in writing by COUNTY. 2.2.3 Prior to the issuance of a Notice to Proceed, a preconstruction conference shall be attended by the CONTRACTOR and his subcontractors, PROJECT MANAGER and COUNTY and other entities as applicable to the Work at which time a date will be established for the issuance of the Notice to Proceed. Thereafter, the Notice to Proceed shall be sent by the COUNTY's Purchasing Division for execution no later than five (5) calendar days prior to. the date listed on the Notice to Proceed. The CONTRACTOR shall return the executed Notice to Proceed to the COUNTY by the date indicated on the Notice to Proceed. The failure of the CONTRACTOR to comply with this provision will not change the Contract Time. 2.3 Before Starting Construction. 2.3.1 Before undertaking each part of the construction, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to PROJECT MANAGER any conflict, error or discrepancy which CONTRACTOR or any of his Subcontractors or Suppliers. may discover and shall obtain a written interpretation or clarification from PROJECT MANAGER before proceeding with any Work affected thereby; provided, however, CONTRACTOR shall not be liable to COUNTY or PROJECT MANAGER for failure to report any conflict, error or discrepancy unless CONTRACTOR or any of his Subcontractors or suppliers had actual knowledge thereof or should reasonably have known thereof. 2.3.2 Before commencement of the Work, CONTRACTOR shall submit to the PROJECT MANAGER for review a preliminary Progress Schedule indicating the starting and finishing dates of each Work activity, a proposed schedule of Shop Drawing submissions, a procurement and delivery schedule for materials, a schedule of values, an emergency contact list, and a listing of manpower and cash flow projections through'the Contract Time. 2.3.3 COUNTY or PROJECT MANAGER will review and return the schedules submitted in accordance with this Section and CONTRACTOR, if required, shall revise, adjust or modify and resubmit acceptable schedules within fourteen (14) days upon receipt of the returned schedules from the Project Manager or (10) days before submission of the first Application for Payment whichever shall first occur. 2.3.4 Before starting construction, the CONTRACTOR shall initiate his coordination and scheduling of the work with all utility contractors, utility agencies, the COUNTY's own forces, and others performing work at the Project site by directly contacting the utility agency or utility department of each utility performing work at the Project site to review the projected schedules of each entity performing work at the Project site to assure that CONTRACTOR's Progress Schedule and meeting discussions address the starting and finishing dates of all aspects of the work at the Project site whether the work is being performed by CONTRACTOR or others. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -9 2.4 Preconstruction Conference(s). 2.4.1 Preconstruction Conference. Prior to commencement of Work at the site, a conference will be held for review of the schedules, to establish procedures for RFI's, for handling Shop Drawings and other submittals, for processing Applications for Payment, and to establish a working understanding among the parties as to the Work. The CONTRACTOR shall attend such conference and shall require any or all of its Subcontractors and Suppliers, as COUNTY. directs, to attend the conference. 2.4.2 Utilities Preconstruction Conference. For Projects and Work involving the COUNTY Utilities Division or any other Governmental Agencies' Utilities Divisions, a separate Utilities Preconstruction Conference shall be planned and scheduled by the CONTRACTOR with the COUNTY, PROJECT MANAGER, utility subcontractors, other utility agnecies and the appropriate County Utilities Division personnel. After the Utilities Preconstruction Conference, the Utilities Division is responsible for issuance of an Underground Utilities Permit. No Work involving utilities may commence until the Underground Utilities Permit is issued. 2.4.3 Threshold Inspection Preconstruction Conference. A separate and additional pre construction conference will be held as needed for Threshold Inspection projects. The Threshold Inspector, County Building Inspector, Architect of Record, General Contractor, Testing Lab(s), Subcontractors performing structual work, and project managers will attend. The CONTRACTOR shall plan and facilitate this meeting before commencement of the Work. IFB- 600806- 10JGMG - Term Contract for In -Place Asphalt Recycling z GC -10 SECTION 3 - CONTRACT DOCUMENTS; GENERAL CONDITIONS; INTENT AND REUSE. 3.1 Applicable Law; intent. 3.1.1 The Contract Documents comprise the entire agreement between COUNTY and CONTRACTOR concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be governed by the laws of the State of Florida and venue shall be in Seminole County for state actions and the Middle District of Florida for federal actions. 3.1.2 It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract Documents. Any Labor, Materials or Equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When words which have a well -known technical or trade meaning are used to describe Labor, Materials or Equipment, such words shall be interpreted in, accordance with that meaning. Reference to specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental entity whether such reference be specific or by implication, shall mean the latest specification, manual, code or Laws or Regulations in effect at the time of opening of Bids, except as may be otherwise specifically stated. However, no provision of any referenced specification, manual or code whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of COUNTY, CONTRACTOR, ARCHITECT or PROJECT MANAGER, or any of their consultants, agents or employees from those expressly set forth in the Contract Documents, nor shall it assign to COUNTY or PROJECT MANAGER, or any of their consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of these -General Conditions. 3.2 Priority of the Contract Documents. 3.2.1 If, during the performance of the Work, the CONTRACTOR finds a conflict, error or discrepancy in the Contract Documents, CONTRACTOR shall so report to PROJECT MANAGER in writing at once, and before proceeding with the Work affected thereby, shall obtain a written interpretation or clarification from PROJECT MANAGER. However, CONTRACTOR shall not be liable to COUNTY or PROJECT MANAGER for failure to report any conflict, error or discrepancy in the Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. PROJECT MANAGER will promptly investigate the matter and respond to CONTRACTOR with an interpretation or clarification. After CONTRACTOR's discovery of such a conflict, error or discrepancy, or after the date when CONTRACTOR should have reasonably known thereof, until the interpretation or clarification is obtained from PROJECT MANAGER, any Work done by CONTRACTOR which is directly or indirectly affected by same, will be at CONTRACTOR's own risk and CONTRACTOR shall bear all costs and delay arising therefrom. 3.2.2 In resolving conflicts, . errors or discrepancies there is an order of precedence for the documents, with the Agreement being paramount. If a conflict exists in a lesser document then the language in the document highest in the order of precedence shall prevail. 3.2.3 If an issue of priority arises, consult the PROJECT MANAGER and the ARCHITECT by submission of an RFI. Furthermore, detail Drawings shall govern over general drawings, larger scale drawings take precedence over smaller scale drawings, Change Order Drawings govern over Contract Drawings, and Contract Drawings govern over standard or Shop Drawings. In all cases where notes, specifications, sketches, diagrams, details or schedules in the Specifications or in the Drawings, or between the Specifications and the Drawings, conflict, the higher cost requirement shall be furnished by CONTRACTOR, unless otherwise directed by the ARCHITECT. 3.2.4 If the issue of priority is due to a conflict or discrepancy between express provisions "of the Contract Documents and any referenced specification, manual, or code of any technical society, IFB- 600806- 10 /GMG — Term Contract for In -Place Asphalt Recycling CeZ�ii>til organization or association, the provisions of the Contract Documents will take precedence if they are more stringent or presumptively cause a higher level of performance. If there is any conflict or discrepancy between standard specifications, manuals, or codes of any technical society, organization or association, or between Laws or Regulations, the provision with the higher cost requirement shall be binding on CONTRACTOR, unless otherwise directed by the ARCHITECT. 3.2.5 In accordance with the intent of the Contract Documents, CONTRACTOR recognizes and accepts that compliance with the priority order specified shall not justify an increase in Contract Price or extension in Contract Time. 3.3 General Conditions. The General Conditions are contractual provisions describing the responsibilities, rights and relationships of the Owner (Seminole County) and of the Contractor. The General Conditions also represent compensable items for administrating, managing, facilitating, and performing work by the Contractor but does not lend itself readilly to the direct costs of the construction of the Work. The compensable items may include, but, are not limited to the, following: project administration; project management; project superintendent; home and branch office support; overhead and profit; mobilizations; clearing and grubbing; engineering and surveying services; legal services; bonds; insurance; materials testing; inspections; quality assurance; maintenance of traffic; field office and staff; temporary utilities; temporary labor; permits and fees; tree protection; site drainage; erosion and sediment control and any other expense that cannot be assigned as a direct cost of construction. 3.4 Use of Forms Provided. Unless COUNTY provides in writing to the contrary, only those forms provided by COUNTY with the sole exception of the Bid Bond shall be used and no modifications or substitutions shall be allowed. 3.5 Reuse of Documents. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization (other than COUNTY) shall acquire any title to or have ownership rights of any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the seal of the ARCHITECT or ENGINEER of RECORD they shall not be reused on extensions of the Project or any other project nor shall they be generally published without written consent of COUNTY. IFB- 600806- 10 /GMG — Term Contract for In -Place Asphalt Recycling WK GC -12 SECTION 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands. 4.1.1 COUNTY shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, the Rights -of -Way and the easements. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by COUNTY, unless otherwise provided in the Contract Documents. Any additional lands, Rights -of -Way and easements not furnished by COUNTY that CONTRACTOR deems necessary, including but not limited to the requirements for mobilization, construction, hauling, demolition, excavation, parking, access and egress, secured storage of materials and equipment shall be obtained by CONTRACTOR at no increase in Contract Price or extension in Contract Time. The CONTRACTOR shall confine his operations to those areas furnished by COUNTY or areas obtained at the expense of the CONTRACTOR. 41.2 CONTRACTOR shall obtain permits and written approvals (and submit copies to COUNTY before utilization of those areas) from the appropriate governmental entity or property owner(s), for use of lands not furnished by COUNTY; and for all lands which include borrow pits, waste and disposal areas. Such permits and approvals shall specify their treatment during and at completion of construction. 4.1.3 Accessibilty. Access to municipal and government buildings, parks, structures; hydrants, valves, manholes, fire alarms, electric control panels, electric sub - stations, lift stations etc., shall not be obstructed by CONTRACTOR. CONTRACTOR shall not make connections to or operate valves on water mains or otherwise interfere with the operation of the water system, without first giving written notice to and securing written approval from the appropriate governmental and jurisdictional entity. The CONTRACTOR shall not make any sanitary sewer connections without prior approval from the governmental and jurisdictional agency having authority. 4.2 Physical Conditions 4.2.1 The CONTRACTOR shall take the steps necessary to ascertain the nature and the location of the Work. The CONTRACTOR shall also determined for himself the existing physical condtions which can affect the work or its cost, Including but not limited to, (1) conditions bearing upon mobilization, demolition, transportation, disposal, handling and storage of materials; (2) the availability of labor, water, electric power and roads; (3) uncertainties of weather, floods, sinkholes and earthquakes; (4) the conformation of surface and subsurface ground conditions; (5) the character and limitations of the equipment, machinery and existing physical conditions within the limits of construction or within the buildings that are utilized during the Work. 4.2.2 The Contract Documents,may identify drawings, documents and reports of the exploration, testing and analysis of individuaf building 'components, existing overall building conditions, site conditions, surface and subsurface conditions and /or underground facilities owned by COUNTY, which are at or contiguous to the site that have been utilized in preparation of the Contract Documents. The CONTRACTOR shall have full responsibility for all existing physical conditions including, but not limited to, the building and appurtenances, the site and grounds, the surface and subsurface and the underground facilities owned by COUNTY or others. 4.2.3 The information and data shown or indicated in the Contract Documents with respect to facilities owned by others at or contiguous to the site is based on information and data furnished to COUNTY or ARCHITECT OF RECORD by the owners of such facilities or by others. The COUNTY, The PROJECT MANAGER and ARCHITECT OF RECORD shall not be responsible for the accuracy or completeness of any such information or data. The CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. 4.2.4 If the Contract Documents necessitate amending to order changes in the Work due to the facilities owned by the COUNTY or others, whether they be shown or indicated or newly discovered, COUNTY shall authorize the required changes in the Work by Change Order. If those facilities owned by IFB- 600806- 10 /GMG -Term Contract for In -Place Asphalt Recycling GC -13 the COUNTY or others cause or will cause delays in the performance or extend completion of all or part of the Work, CONTRACTOR shall absorb all related delay, extension or acceleration costs, however caused; except that, if COUNTY and CONTRACTOR agree that the delays require a change in Contract Time, COUNTY shall authorize the necessary change in Contract Time only to the extent that such delays exceed 30 days Impact to critical path items. However, an extension in Contract Time, when and if so granted shall be CONTRACTOR'S sole and exclusive remedy with respect to COUNTY for any delay, disruption, interference, inefficiency, acceleration, extension or hindrance and associated costs, however caused, resulting from variance in the location or configuration of facilities owned by the COUNTY or others shown or indicated, or from newly discovered facilities owned by the COUNTY or others. 4.2.5 Unless it prejudices Work already excavated and uncovered, CONTRACTOR shall schedule mobilization, layout, demolition, excavation and uncovering of any Work or existing facilities, whether above ground or underground a sufficient time in advance to allow PROJECT MANAGER's review, and the possible amending or supplementing of the Contract Documents. 4.3 Differing Physical Conditions. CONTRACTOR shall promptly, after becoming aware thereof, and before the existing conditions are disturbed, notify PROJECT MANAGER in writing of any building or appurtenance condition, site or ground condition, surface or subsurface condition or latent physical condition; that are encountered at or uncovered at or are contiguous to the site which differ materially from those indicated in the Contract Documents; that are of an extremely unusual nature, differing materially from those ordinarily encountered at or uncovered at or are contiguous to the site and are not generally recognized as inherent in the character of the Work specified in the Contract Documents; that are of a hazardous nature or poses a health, safety or security risk. 4.4 Resolution of a Report of Differing Physical Conditions. 4.4.1 Promptly after receipt of notice from CONTRACTOR, PROJECT MANAGER will review the pertinent conditions, determine the necessity of obtaining additional explorations or tests, and advise COUNTY in writing of his findings and conclusions. Until such time when CONTRACTOR resumes the affected Work (and at all times thereafter), CONTRACTOR shall be responsible for the safety and protection of the affected Work. 4.4.2 If COUNTY, with the advice of PROJECT MANAGER, concludes that the conditions do materially differ, and that the Contract Documents need to be .amended, COUNTY shall, without invalidating the Agreement and without notice to any Surety by duly executed Change Order, order the necessary changes in the Work, as long as COUNTY has not exercised its rights to terminate the Agreement. Upon receipt of that order, CONTRACTOR shall promptly proceed or continue with the Work involved pursuant to the conditions stated in the order. 4.4.3 If COUNTY, with the advice of PROJECT MANAGER, concludes that the Contract Documents need to be supplemented only, appropriate minor deviations in the Work shall be authorized by a Field Order issued by PROJECT MANAGER, COUNTY's determination that the Contract Documents do not need to be amended shall be final and binding on CONTRACTOR unless CONTRACTOR delivers to COUNTY written notice of a Contract Claim within seven (7) days of receipt of the applicable Field Order. 4.4.4 If any change in the Work required due to differing physical conditions causes an increase or decrease in CONTRACTOR' cost of or the time required for the performance of all or part of the Work, COUNTY shall make an adjustment in Contract Price or Contract Time or both, subject to the provisions of these specifications. 4.4.5 No proposal by CONTRACTOR for an adjustment under this Section, nor Contract Claim by CONTRACTOR for an adjustment on account of differing physical conditions, shall be allowed unless CONTRACTOR has given the written notice required in these specifications. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling X GC -14 4.5 Special Requirements for Facilities. CONTRACTOR shall have sole responsibility for the following: a) for Igcating any and all facilities including those utilities shown or indicated as to location, depth and alignment in advance of demolition or excavation; b) for identifying to the owner of any newly discovered facility and promptly notifying that facilities' owner and the PROJECT MANAGER of that discovery; c) for disconnecting, abandonement, shoring, blocking, and protecting all facilities including utilities shown, indicated or discovered; d) for coordination, scheduling and sequencing of the Work with the owners of all facilities shown, indicated or discovered; e) for repairing any damages, done to the satisfaction of the facilities' owners and the PROJECT MANAGER, to the extent that the damages were due to CONTRACTOR's failure to adhere to the requirements of these specifications., or to the fault or negligence of CONTRACTOR; and 0 for the safety and protection of employees of the Owner, employees of the CONTRACTOR, subcontractors, other utility agencies, site visitors and any affected Work, and for repairing any damage done to the Work. Except as otherwise provided in these specifications., all costs involved and time required to perform these responsibilities shall be considered as having been included in the Contract Price and in the CONTRACTOR's schedule for the performance of the Work within the Contract Time, even if the Contract Documents need amending to authorize minor deviations or changes in the Work due to those underground facilities including utilities. 4.6 Reference Points. The COUNTY shall provide engineering surveys to establishing exisitng bench marks or reference points for construction of which in the ARCHITECT OF RECORD's judgment are necessary to enable CONTRACTOR to proceed with the WORK. The CONTRACTOR shall be solely responsible for laying out the Work, for protecting and for the preservation of the established reference points, bench marks and property monuments. The CONTRACTOR shall make no changes or relocations without the prior written approval of the COUNTY. The CONTRACTOR shall report to the ARCHITECT OF RECORD and the PROJECT MANAGER whenever any reference point or property monument is lost, disturbed or destroyed. The CONTRACTOR shall report to the ARCHITIECT OF RECORD when it is required to relocate such reference points or property monuments because of changes in grades or locations or locations of facilities. The CONTRACTOR shall be responsible for the accurate replacement and relocation of such reference points and property monuments by a Florida Registered Surveyor and Mapper. 4.6.1 When required as a provision from the Owner or upon recommendation of the ARCHITECT, the OWNER will provide a legal description and /or a land survey of the site, giving as needed, rights of way, easements, boundaries, contours and/or elevations by retaining the services of a Professional Surveyor and Mapper. 4.6.2 The CONTRACTOR shall be responsible for all stakes, templates, labor and other materials necessary for establishing and maintaining of the lines and grades necessary for control and construction of the Work. 4.6.2. The CONTRACTOR shall be responsible for all staking and for the professional engineering services necessary to layout and control the Work to the elevations, lines, angles and dimensions shown, implied or inferred in the Contract Documents. Any deviations must receive prior written approval from the ARCHITECT OF RECORD. 4.6.3 Utilizing the reference points furnished by the Owners Professional Surveyor and Mapper in accordance with 4.6.1, the CONTRACTOR shall establish all horizontal and vertical controls necessary to construct the Work in conformance with the Plans and Specifications. The Work shall include performing all calculations required and setting all stakes needed such as grade stakes, offset stakes, reference point stakes, slope stakes, and other reference marks or points necessary to provide lines, grades and elevations for construction of all project items. When the Work includes utility construction to be done by the CONTRACTOR, all horizontal and vertical controls necessary to carry out such Work shall be established by the CONTRACTOR. The CONTACTOR shall be solely responsible for the accuracy of its layout work and shall be liable for preserving all established lines, grades and elevations. Stakes damaged or destroyed by the operations of the Contractor or anyone else will be replaced at the CONTRACTOR'S expense. iFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -15 4.6.5 The CONTRACTOR shall employ only competent personnel and utilize only suitable equipment in performing the layout of the Work. He shall not engage the services of any person or persons in the employ of the COUNTY for performance of the layout of the Work. Adequate field notes and records shall be kept on a daily basis as the layout work is accomplished. These field notes and records shall be available for review by the PROJECT MANAGER and ARCHITECT as the Work progresses and copies shall be furnished at the time of completion of the Project. Any inspection or checking of the CONTRACTOR's field notes or layout work by the PROJECT MANAGER or the ARCHITECT and the acceptance of all or any part thereof, shall not relieve the CONTRACTOR of his responsibility to achieve the lines, grades and dimensions shown in the Plans and Specifications. Prior to final acceptance of the Work, the CONTRACTOR shall mark in a permanent manner on the surface of the completed Work all horizontal and vertical control points originally furnished by the COUNTY. 4.6.6 The cost of performing the layout of the Work as described above shall be included in the pricing for the various items of Work to which it is incidental. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -16 SECTION 5 - BONDS and INSURANCE 5.1 Performance, Payment and Other Bonds. 5.1.1 CONTRACTOR shall furnish a Performance Bond with good and sufficient surety. The Performance Bond requirement in the Contract Documents shall insure solely to COUNTY's benefit and its successors or assigns, as obligee, and no other person shall have any right of action based thereon. 5.1.2 Bond shall be in accordance with statutory bond provisions in Florida Statutes and all other applicable Laws and Regulations and be in the form prescribed by the Contract Documents. Bond shall be executed by such Sureties as are licensed to conduct business in the state of Florida and, except as otherwise provided by Laws and Regulations, are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. Bond signed by an agent must be accompanied by a certified copy of its authority to act. 5.1.3 If the Surety on any Bond fumished by CONTRACTOR is declared bankrupt or becomes insolvent or its license to do business in the state of Florida is terminated 'or it ceases to meet the requirements of the Contract Documents, CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which shall be in accordance with the Contract Documents and acceptable to COUNTY. 5.1.4 In addition to the other bonding requirements, the Surety(ies) named on the Bond submitted by CONTRACTOR pursuant to the Contract Documents shall be subject to the approval of COUNTY. If COUNTY has a reasonable objection to the proposed Surety, COUNTY may request CONTRACTOR to submit an acceptable substitute without an increase in the CONTRACT price. If CONTRACTOR declines or'is unable to make any such acceptable substitution, COUNTY may; at its sole option, rescind the Notice of Award, and any award of the Contract to CONTRACTOR will be of no effect. 5.2 Provisions for Contractor Insurance 5.2.1 The CONTRACTOR shall not commence any Work until the CONTRACTOR has at the CONTRACTOR'S own expense, procured all of the required Insurance specified in the Contract Documents and has provided evidence of such to the County's Purchasing Department and such evidence has been approved by the County's Risk Management Division. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling WL GC -17 SECTION 6 - CONTRACTOR'S RESPONSIBILITIES 6.1 Supervision and Superintendence. 6.1.1 CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACTOR shall be solely responsible for all means and methods, techniques, schedules, sequences and procedures of construction and for providing the required safety precautions, for coordinating all portions of the Work with all regulatory, jurisdictional and governmental authorities, for further coordination as requited with commercial businesses, private residents and employees of the Owner and for enforcement of order and cooperation among the CONTRACTOR's employees and all of the Subcontractors and Suppliers. The CONTRACTOR shall be responsible to see that the competed Work complies accurately with the Contract Documents and its intent. 6.1.2 CONTRACTOR shall keep on the Work site at all times during its progress a competent resident Superintendent, who shall not be replaced without written notice to OWNER'S PROJECT MANAGER. The CONTRACTORS's resident Superintendent shall be a principal or employee of CONTRACTOR. COUNTY may, at its sole discretion, require replacement of the Superintendent, in which case CONTRACTOR shall submit an acceptable replacement at no increase in Contract Price nor extension in Contract Time. The Superintendent shall be CONTRACTOR's representative at the site and shall have authority to act on.behalf of CONTRACTOR. All communications given to the Superintendent shall be as binding as if given to CONTRACTOR. Whenever the Superintendent is not present on any particular part of the Work where the PROJECT MANAGER may desire to inform the CONTRACTOR relative to interpretation of the Plans and Specifications or regarding disapproval or rejection of Materials or Work performed, the PROJECT MANAGER may so inform the foreman or other workers in charge of the particular part of the Work in reference to which the information is given. Information so given shall be as binding as if given to the Superintendent. 6.1.3 The Superintendent and similar authorized representatives of any Subcontractor, Supplier or other person or organization shall attend all meetings pertaining to the Work, as requested by COUNTY or PROJECT MANAGER. 6.1.4 No Work shall be performed by any Subcontractors without the CONTRACTOR's Superintendent's authorization and approval. 6.1.5 The CONTRACTOR's Superintendent at the Pre - Construction and all Project meetings shall discuss, not to the exclusion of other topics, the Construction Schedule and summary bar charts relating to coordination and scheduling including, but not limited to, CONTRACTOR's coordination of all site and building utility installations, utility relocations (temporary and permanent), coordination of ingress and egress to the facility, procurement and delivery of materials, RFls, shop drawings, accessibility to work area, impact to COUNTY employees, COUNTY work, and the work of others that will influence the Project.. 6.2 Personnel and Working Hours. 6.2.1 CONTRACTOR shall at all times maintain good discipline and order at the site. 6.2.2 CONTRACTOR shall provide competent, qualified personnel to perform construction as required by the Contract Documents. Contractor shall employ a Professional Land Surveyor and Mapper with current Florida registration to survey and lay out the Work (in accordance with any additional provisions included in the Supplementary Conditions). CONTRACTOR is fully responsible to provide a sufficient number of skilled workers and supervisory personnel to perform the Work and assure that the Work is completed according to the established Construction Schedule and within the Contract Time. Failure to fully man the Project with supervisory personnel, skilled workers or common laborers of which IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -18 actions shall lead to a delay in the Construction Schedule shall be cause for a claim for damages against CONTRACTOR or termination of CONTRACTOR by the Owner. 6.2.3 Except in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto, and except as otherwise indicated in the Supplementary Conditions, all Work at the site shall be performed during normal Working hours, and CONTRACTOR will not permit overtime Work or the performance of Work on Saturday, Sunday or any Holiday without COUNTY's written consent given after prior written notice to OWNER'S PROJECT MANAGER. Normal Working hours shall be defined as the CONTRACTOR's normal eight hour Working period occurring between the hours beginning at 7:00 a.m. and ending at 6:00 p.m., exclusive of Saturdays, Sundays, or Holidays. Work during other than normal Working hours may be scheduled by CONTRACTOR if he first obtains written permission from COUNTY. 6.2.4 COUNTY shall be entitled to deduct from the Contract Price, by issuing a Change Order, COUNTY's extra costs incurred in connection with CONTRACTOR's performance of Work during hours other than normal Working hours. Such costs may include, but shall not be limited to, OWNER'S REPRESENTATIVE'S charges to COUNTY while acting as COUNTY's representative (including charges outside of normal Working hours for Construction Manager, Field Representatives, -Inspeirtors, Testing Lab Services and Fees, Architectects, Engineers and Project Manager), COUNTY's costs incurred in the performance of COUNTY's responsibilities as set forth in the Contract Documents, and other related costs. 6.3 Project Survey Requirements. The Contractor shall ensure that the location and protection of the established and or the existing horizontal and vertical control points is maintained thru out the construction. Other requirements are as follows: a. Record locations of horizontal and vertical data on the As -Built Survey. b. Make no changes or relocations without prior written notice to the Owner. C. Report to the Owner when any of the control points are lost or destroyed or requires relocation. d. Maintain stakes and markings on the ground as needed to identify, locate and reference the constructed improvements. e. Use survey control points to layout such tasks as the following: 1. Clearing, grubbing and construction limits. ii.' Batter boards for structures. iii. Wetland limits and jurisdictional limits. iv. Foundations, footings, columns, finished floor elevations and building corners. V. Signs, flagpoles, street light poles, utility poles and utility lines, transformers and pedestals. vi. Existing obstructions either vertical or horizontal. vii. Potential conflicts either vertical or horizontal. viii: All site work such as, underground utilities, sidewalks, tree surveys, landscaping, irrigation, storm sewers, parking lots and ponds. IFB- 600806- 10 /GMG -- Term Contract for In -Place Asphalt Recycling W GC -19 6.4 CONTRACTOR's Responsibilities for Furnishing. Unless otherwise specked in the Contract Documents, CONTRACTOR shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction, other equipment and machinery, tools, appliances, fuel, power, light, heat, ventilation, cooling, telephone, water, sanitary facilities, temporary facilities and all other facilities and incidentals necessary for the furnishing, performance, testing, start -up and completion of the Work. 6.6 Items of Material or Equipment. 6.5.1 All Materials and Equipment shall be of good quality and new, except as otherwise provided in the Contract Documents. If required by PROJECT MANAGER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of Materials and Equipment. All Materials and Equipment shall be handled, stored,' applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents; but no provision of any such instructions will be effective to assign to PROJECT MANAGER, or any of COUNTY's or OWNER'S REPRESENTATIVE's consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility assigned to CONTRACTOR under the Contract Documents. 6.5.2 Manufacturers' or Suppliers' warranties for all Materials, products and Equipment to be furnished by CONTRACTOR and to be incorporated into the completed Work shall be furnished to COUNTY through CONTRACTOR. 6.5.3 CONTRACTOR shall obtain from Suppliers of all Materials, products and Equipment, complete information as to any special condition or restriction to be applied in the use of these items. Should the manner or method of installation, specified performance or test results as set forth in the Specifications be contrary to the manufacturer's recommendations for use of the product, CONTRACTOR shall notify PROJECT MANAGER in writing of such conflict as soon as reasonably possible, but no later than the time of Shop Drawing submittal including those products. Failure to provide such written notice before proceeding with the Work affected thereby shall be certification by CONTRACTOR that the Specification requirements will be met by the Materials, products and Equipment, and that the cost and time required to perform or complete the Work affected thereby have been included in the Contract Price and in the schedule for the performance of the Work within the Contract Time. 6.5.4 Data submitted on all Equipment shall include complete operation and maintenance instructions (including preventive maintenance and operating requirement data) and parts lists in sufficient detail to facilitate ordering replacements. Such submittals shall conform to any additional requirements provided in the Contract Documents. 6.6 Wood Products. Except as may be otherwise provided Laws or Regulations, pursuant to Chapter 225, Florida Statutes, lumber, timber and other forest products specified in the Contract Documents shall be produced and manufactured in Florida whenever such products are available, provided that price, fitness and quality are equal to other available products. This requirement does not apply where plywood is specified for monolithic concrete forms. 6.7 Equivalent Materials and Equipment. 6.7.1 Whenever Materials or Equipment are specified or described in the Drawings or Specifications by using the name of a proprietary item or the name of a particular Supplier, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, Materials or Equipment of other Suppliers may be accepted by PROJECT MANAGER if sufficient information is submitted by CONTRACTOR to allow PROJECT MANAGER and the ARCHITECT to determine that the material or Equipment proposed is equivalent to that named. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -20 6.7.2 Requests for review of substitute items of material and Equipment will not be accepted by PROJECT MANAGER from anyone other than CONTRACTOR. If CONTRACTOR wishes to furnish or use a substitute item of material or Equipment CONTRACTOR shall, within ten (10) Days prior to the opening date to allow a proper review without impacting the schedule, make written application to PROJECT MANAGER AND THE ARCHITECT for acceptance thereof, certifying that the proposed substitute will perform adequately the functions called for by the general design, be similar and of equal substance to that specified and be suited to the same use and capable of performing the same function as that specified. The application shall state whether or not acceptance of the substitute for use in the Work will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations'of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service shall be indicated. The application shall also contain an itemized estimate of all increases or decreases in (1) the cost of, or the time required to perform any part of the Work, and the corresponding adjustments in Contract Price and Contract Time, resulting directly or indirectly from evaluation and acceptance of the proposed substitute, including, but not as a way of limitation, costs and delays associated with redesign, or claims of other contractors affected by the resulting substitute; and (2) increases or decreases in operating, maintenance; repair, replacement or spare part costs, all of which will be considered by PROJECT MANAGER in evaluating the proposed substitute. PROJECT MANAGER may require CONTRACTOR to furnish, at CONTRACTOR's expense, additional data about the proposed substitute. 6.7.3 The PROJECT MANAGER or ARCHITECT shall judge acceptability, and no substitute shall be ordered or installed without PROJECT MANAGER'S or ARCHITECT'S prior written acceptance. However, COUNTY reserves the right to reject any proposed substitute which would result in an increase in Contract Price or Contract Time, and COUNTY may require CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or other Surety with respect to any substitute. If approval is given, CONTRACTOR shall not be excused from producing Work in conformity With the requirements of the Contract Documents. 6.7.4 The PROJECT MANAGER will record time required by PROJECT MANAGER, ARCHITECT OF RECORD and their consultants in evaluating substitutions proposed by CONTRACTOR and In making changes in the Drawings or Specifications occasioned thereby. Whether or not PROJECT MANAGER accepts a proposed substitute, COUNTY shall be entitled to deduct from the Contract Price, by issuing a Change Order, COUNTY's costs including the .charges of the PROJECT MANAGER, the ARCHITECT OF RECORD and their consultants for evaluating any proposed substitute. 6.7.5 The net difference in cost between the substitute item and that specified shall benefit COUNTY and CONTRACTOR in equal proportions. If PROJECT MANAGER estimates that the deduction proposed by CONTRACTOR does not in its opinion, reflect the sharing of costs in the portions described above, this shall be adequate justification to reject the proposed substitution. 6.7.6 The CONTRACTOR assumes sole responsibility for verifying that the proposed substitute items are in accordance with the requirements of the Contract Documents, and that the dimensions, arrangement, design and construction details, and all other features of substitute Items are suitable for their intended purpose. 6.7.7 In the event that a substitute item differs materially from the specified item of Material or Equipment, and said difference was not expressly identified in CONTRACTOR's request for the substitution, or the incorporation of the substitute into the Work results in a change(s) to the Work or in the function or general design of the Project, PROJECT MANAGER will have authority to require the removal and replacement of said substitute. 6.8 Concerning Subcontractors, Suppliers and Others. 6.8.1 CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization (including but not limited to those who are to furnish the principal items of Materials or IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling M GC -21 Equipment), whether initially or as a substitute, against whom COUNTY or PROJECT MANAGER may have a reasonable objection. A Subcontractor, Supplier or other person or organization identified in writing to COUNTY and PROJECT MANAGER by CONTRACTOR prior to the Notice of Award and not objected to in writing by COUNTY or PROJECT MANAGER prior to the Notice of Award will be deemed acceptable to COUNTY or PROJECT MANAGER . Acceptance of any Subcontractor, Supplier or other person or organization by COUNTY or PROJECT MANAGER shall not constitute a waiver of any right of COUNTY or PROJECT MANAGER to reject Defective Work by CONTRACTOR or any Subcontractor, Supplier or any other person or organization. If COUNTY or PROJECT MANAGER after due investigation has reasonable objection to any Subcontractor, Supplier or other person or organization proposed by CONTRACTOR after the Notice of Award, CONTRACTOR shall submit an acceptable substitute. Such Subcontractor, Supplier person or organization shall neither commence nor continue Work after COUNTY or PROJECT MANAGER objects to said entity. In the event that any such reasonable objection and acceptable substitute will cause additional expense or extend performance of the Work, or part thereof, beyond the Contract Time for the Work, or part thereof, CONTRACTOR may make a request for an adjustment in Contract Price or Contract Time. However, any changes in Contract Price made under this subsection shall exclude any adjustments for any Increases in CONTRACTOR's costs in connection with an increase in Contract Time resulting from the reasonable objection and acceptable substitute submitted pursuant to this subsection. In any such case, the extension in Contract Time so granted, if any, shall be CONTRACTOR's sole and exclusive remedy for delay, disruption, interference, inefficiency, acceleration, hindrance and costs thereto. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other person or organization against whom CONTRACTOR has reasonable objection. 6.8.2 CONTRACTOR shall give prompt written notice to COUNTY with copy to PROJECT MANAGER of CONTRACTOR's intent to remove or replace a Subcontractor, Supplier or other person. 6.8.3 CONTRACTOR shall be fully responsible for all acts and omissions of his Subcontractors and Suppliers and of persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts any of them may be liable to the same extent that CONTRACTOR is responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing In the Contract Documents shall create any contractual relationship between COUNTY or PROJECT MANAGER and any Subcontractor or Supplier or other person or organization having a Subagreement with CONTRACTOR, nor shall it create any obligation on the part of COUNTY or PROJECT MANAGER to pay or to see to the payment due any Subcontractor, Supplier or other person or organization, except as may otherwise be required by law. COUNTY or PROJECT MANAGER may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specific Work done. No Subcontractor, Supplier or other person or organization shall be a third party beneficiary of this Contract. 6.8.4 The divisions and sections of the Specifications and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade: The divisions of the Specifications are complementary, and anything mentioned or shown in a division of the Specifications or In a specific trade Drawing shall be of like effect as if shown in all divisions of the Specifications and in all Drawings. In addition to other requirements in the Contract Documents, Shop Drawings 'of a specific trade shall be compared to and coordinated with those from other trades by CONTRACTOR before submission to PROJECT MANAGER, 6.8.5 All Work performed for CONTRACTOR by a Subcontractor, Supplier or other person or organization will be pursuant to an appropriate Subagreement between CONTRACTOR and the Subcontractor, Supplier or other person or organization which specifically binds the Subcontractor, Supplier or other person or organization to the applicable terms and conditions of the Contract Documents for the benefit of COUNTY. 6.8.6 If requested in writing by COUNTY, CONTRACTOR shall deliver to COUNTY a copy of each Subagreement with a Subcontractor, Supplier or other person or organization performing a part of the Work within seven (7) days of COUNTY's request. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -22 6.9 Patent Fees and Royalties. CONTRACTOR shall pay all license fees and royalties and assume all costs incidental to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work, and its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, it shall remain the responsibility of CONTRACTOR to assume all costs, expenses and liabilities incidental to the use in the performance of the Work or the incorporation in the Work of said invention, design, process, product or device. Whenever CONTRACTOR is required or desires to use any design, device, material or process covered by letters, patent, trademark or copyright, the right for such use shall be provided for by suitable legal agreements with the patentee or owner, and a copy of this Agreement shall be filed with PROJECT MANAGER. However, whether or not such agreement is made or filed as noted, CONTRACTOR and CONTRACTOR's Surety in all cases shall indemnify and hold harmless and defend COUNTY and PROJECT MANAGER and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including but not limited to charges of PROJECT MANAGER, architects, other professionals and attorneys' fees and attorneys' fees on appeal and all costs of defense or appeal) arising out of any infringement of letters, trademark, patent rights or copyrights incident to the use in the performance of the Work or resulting from the Incorporation in the Work of any invention, design, process, product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. 6.10 Permits. Unless otherwise provided in the Contract Documents, CONTRACTOR shall obtain and pay for all construction permits, fees, and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of opening of Bids. - CONTRACTOR shall pay all charges of public and private utility service companies for all required utility servlces that complete and accomplish the Work according to the Contract Documenets. The CONTRACTOR shall meet all requirements of all permits and licenses and shall be responsible for all fines, assessments, and penalties of any nature assessed against the CONTRACTOR or COUNTY or both relating to any permit violation. 6.11 Laws and Regulations. 6.11.1 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the Work. If CONTRACTOR observes that the Contract Documents are at variance therewith, CONTRACTOR shall give PROJECT MANAGER prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate Change Order (subject to the provisions of these specifications). If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations and without such notice to PROJECT MANAGER, CONTRACTOR shall bear all costs arising therefrom. 6.11.2 CONTRACTOR shall pay all sales, consumer, use and other taxes required to be paid by it in accordance with the Laws and Regulations of the place of the Project. 6.11.3 CONTRACTOR shall comply with all Federal, State, and Local laws, ordinances, codes, and regulations applying to the Work. The CONTRACTOR shall be solely responsible for bidding and constructing the Work per the current building codes as required by the Contract Documents and the construction practices normally applicable to each trade vendors or installer's trade. 6.12 Use of Premises. 6.12.1 The CONTRACTOR shall confine construction equipment, the storage of materials and the operations of workers to areas permitted by Laws and Regulations, rights -of -way, easements or required by the Contract Documents or limited by the Owner. The CONTRACTOR shall not unreasonably encumber the premises with construction equipment or materials or other equipment. The CONTRACTOR shall assume full responsibility for any damage to any such property, or to the owner or IFB- 600806- 10 /GMG -- Term Contract for In -Place Asphalt Recycling W GC -23 occupant thereof or of any other property, caused or alleged to have been caused by or incident to the execution of this Work. The CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim. 6.12.2 Notwithstanding the designation of Project limits or the indication of temporary fences or barricades, - the provisions of the Contract Documents governing certain phases or portions of the Work, such as trenching, excavating and landscaping, may require that certain operations be carried out beyond such limits. Those operations, if required beyond such designated limits, shall be coordinated and scheduled in such a manner as to cause or occasion a minimum of inconvenience or disturbance to or interference with the normal operation of COUNTY, abutters and the public. CONTRACTOR shall obtain COUNTY's prior approval and all necessary approvals from others, commercial businesses, private residents, governmental entities and utility companies for such operations, and prosecute such operations expeditiously and restore the affected property to its original condition immediately upon completion of such operations, unless otherwise specified in the Contract Documents. - All those areas on which temporary driveways or walks are routed shall be restored to their original condition, immediately when normal routing can be reinstated, unless otherwise specified in the Contract Documents. Pumping, draining and control of surface and groundwater shall be carried out so as to avoid endangering the Work or any adjacent facility or property, or interrupting, restricting or otherwise infringing or interfering with the use thereof. 6.12.3 Except as specifically arranged with the owners of adjacent premises, CONTRACTOR shall avoid any encroachment on adjacent premises. It is specifically agreed that CONTRACTOR shall repair and make good any damage to adjacent premises or improvements thereon caused by its operation, including any damage or loss to the tenant of such adjoining premises or to the owners thereof, whether to buildings, stocks of merchandise, trade fixtures, or otherwise. 6.12.4 During the progress of the Work, CONTRACTOR shall keep the premises free from accumulations of waste materials, rubbish and other debris resulting from the Work. Periodically, during construction, the' CONTRACTOR shall remove all waste materials, rubbish and debris from and about the premises for disposal, At completion of the Work all tools, appliances, construction equipment and machinery, and surplus materials shall be removed by the Contractor and shall leave the site clean and ready for occupancy by COUNTY. CONTRACTOR shall restore to original condition or better all property not designated for alteration by the Contract Documents but was impacted due to the construction operations and close proximity to the Project. 6.12.5 CONTRACTOR shall not load or permit any part of any structure to be loaded in any manner that will endanger human life or damage the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to loads that will endanger human life or damage it. 6.12.6 During the progress of the Work, CONTRACTOR shall maintain the Project premises including all property owned by the COUNTY and all easements (temporary and permanent). CONTRACTOR shall implement a grass mowing schedule for all property within the Project premises including all property owned by the COUNTY and all easements (temporary and permanent). The grass mowing schedule shall assure that grass and weeds within the Project premises do not exceed eighteen inches (18 ") in height 6.13 Record Documents. The CONTRACTOR shall keep and maintain in a safe place at the site current copies of all Drawings, Specifications, Addenda, Change Orders, Change Requests, Field Orders, Construction Schedules, correspondence, laboratory test records, contractor's daily reports, construction photographs, written interpretations and clarifications in good order and annotated to show all changes made during construction. Record Drawings are required for any and all work including, but, not limited to, repairs, reconstructions, build backs, demolitions, additions, modifications, renovations and new constructions by the CONTRACTOR. In addition, the CONTRACTOR is required and shall provide an As -Built Survey for IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -24 all 'new' Facilities' construction and development or as required by any governmental, jurisdictional or regulatory authority. 6.13.1 Record Drawings. The CONTRACTOR shall provide Record Drawings. The Record Drawings shall be a marked up copy of the construction plans as the Work progresses showing in a neat, well- organized manner the changes, revisions, additions, deletions, modifications or substitutions during the construction of the site and/or the building. The Record Drawings shall clearly show locations and elevations of exisiiting features such as utilities, property lines, easements, building comers and walls, floors, structural members, sidewalks, entryways, equipment, materials, other structures, etc., that are encountered and are differing from the plans or are in conflict during the development of the site and construction of the building. The Record Drawings shall also include, without limitation, all field changes, all design changes and the final locations of all HVAC, electrical, plumbing, fire protection, elevators, structural, architectural, security and communication systems within the building, final locations and elevations of all the site utilities and landscape/ hardscape features and any other significant features that differ from the construction plans. The Record Drawings, together with all approved samples and shop drawings will be available at all times to the PROJECT MANAGER, the ARCHITECT or the COUNTY. Failure to keep and maintain Record Drawings current shall be just cause to withhold payments for Work performed. Upon completion of the Work, the CONTRACTOR shall deliver to the PROJECT MANAGER a reproducible copy of the Record Drawings. 6.13.2 As -Built Survey. The CONTRACTOR shall provide an As -Built Survey for all 'new' Facilities' construction and development such as buildings, parks, any site utilities and apputenances, stormwater drainage and management systems, ponds, irrigation systems, recreational fields, sports fields, outdoor /sports lighting, special site features, parking lots, driveways, sidewalks, landscape, hardscape, streetscape, ADA accessible routes and ramps, fencing, and all required improvements that depicts the actual Worts as constructed. The CONTRACTOR shall retain-the services of a Professional Surveyor and Mapper licensed and registered in the State of Florida to provide professional surveying and mapping services and to maintain both the horizontal and the vertical control survey and to provide an As -Built Survey during the construction. A signed and sealed copy of the current As -Built Survey shall be submitted monthly with each Application for Payment. Each completed signed and sealed copy of the As -Built Survey must include on its face, a signed certified statement by the CONTRACTOR'S Professional Surveyor and Mapper that states, "This As -Built Survey accurately depicts the actual Work as constructed." Upon completion and acceptance of the Work, the CONTRACTOR shall deliver to the COUNTY, three (3) approved, signed and sealed, As -Built Survey(s), and one (1) As -Built Survey in the latest version of AUTOCAD. 6.13.3 Daily Report. The CONTRACTOR shall submit on a periodic basis, copies of the CONTRACTOR'S Daily Reports to the PROJECT MANAGER. 6.14 Safety and Protection. 6.14.1 CONTRACTOR shall be solely and completely responsible f r initiating, maintaining and supervising all safety precautions and programs in connection with the Work CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary pr tection to prevent damage, injury or loss to all employees on the Work and other persons (including but not limited to the general public or employees of the Owner) who may be affected thereby; all the Work and all Materials or Equipment to be incorporated therein, whether in storage on or off the site; a d other property at the site, adjacent thereto, or utilized by CONTRACTOR including but not limited to trees, shrubs, lawns, walks, pavements, roadways, structures, underground facilities and utilities not designated for removal, relocation or replacement in the course of construction regardless of whether such other property is indicated in the Contract Documents. CONTRACTOR's duties and respo sibilities for the safety and protection of the Work shall continue until such time as PROJECT MA AGER issues a notice to COUNTY and CONTRACTOR that the Work is acceptable. 6.14.2 All damage, injury or loss to any property caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier or anyone directly or indirectly employed by any of them IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -25 or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR at his sole cost. 6.14.3 CONTRACTOR shall comply with all applicable Laws and Regulations of any governmental entity having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss including, but not limited to, OSHA (Public Law 91 7596) and the Contract Work Hours and Safety Standards Act (Public Law 91 -54); and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall designate a responsible member of his organization at the site whose duties shall be preventing accidents and insuring compliance with all applicable safety regulations. This person shall be CONTRACTOR's Superintendent unless otherwise designated in writing by CONTRACTOR to COUNTY. 6.14.4 When the performance of the Work requires the use of bracing, shoring, scaffolding, sheet piling and other special construction related to excavating, and when required by Laws or Regulations, CONTRACTOR shall cause the design of said bracing, shoring, scaffolding, sheet piling and other special construction to be performed by a registered professional structural engineer licensed in the State of Florida. The CONTRACTOR shall submit, as a Shop Drawing, a certification by the structural engineer; stating that it has complied with this requirement. The CONTRACTOR shall meet all requirements of such designs prepared by a structural engineer. In addition to any requirements imposed by law, CONTRACTOR shall shore up, brace, underpin, and protect as may be necessary, all foundations and other parts of all existing structures adjacent to and adjoining the site of the Work which are in any way affected by the excavations or other operations connected with the performance of the Work. 6.14.5 CONTRACTOR shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation and replacement of their property. Whenever any notice is required to be given to any adjacent or adjoining landowner or other party before commencement of any Work, such notice shall be given by the CONTRACTOR. 6.14.6 CONTRACTOR shall take reasonable care during construction to avoid damage to vegetation. Ornamental shrubbery and tree branches shall be temporarily tied back, where appropriate, to minimize damage. Trees which receive damage to branches shall be trimmed of those branches to improve the appearance of the tree. Tree trunks receiving damage from equipment shall be treated with a tree dressing. The CONTRACTOR shall evenly cut tree roots with a saw or chainsaw and shall not tear, rip or twist with construction equipment. A certified tree surgeon may be required to assess and perform the work. Equipment trailers, construction vehicles, stockpiles of building materials and soils are prohibited to be located, parked or stored within the dripline of any tree. 6.14.7 At all times CONTRACTOR shall, and shall cause. his Subcontractors and Suppliers to, carefully protect its and their Work, materials, equipment, and supplies against damage or injury from the weather. If in the opinion of PROJECT MANAGER any of the above has been damaged or injured by reason of failure on the part of CONTRACTOR, any Subcontractor or Supplier to perform according to the requirements of this provision, said Work, Materials, Equipment and supplies shall be removed and replaced at the expense of CONTRACTOR. 6.14.8 CONTRACTOR shall notify PROJECT MANAGER of any job site injuries at the Project site. Serious injuries shall be verbally reported to the PROJECT MANAGER within two (2) hours 'of occurrence of the incident. CONTRACTOR shall submit a written report of each serious injury to PROJECT MANAGER within twenty -four (24) hours of occurrence of the incident. CONTRACTOR shall prepare injury reports regardless of whether the injury is to the CONTRACTOR's personnel, subcontractors, COUNTY personnel or other persons. 6.14.9 Prior to mobilization, CONTRACTOR shall submit to PROJECT MANAGER a copy of CONTRACTOR's safety plan. CONTRACTOR's safety plan shall address, but not be limited to, the following: I FB-600806-1 01GMG - Term Contract for In -Place Asphalt Recycling GC -26 6.14.9.1 Trench Safety Procedures; 6.14.9.2 Confined Space Entry Procedures; 6.14.9.3 Compliance with all U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) requirements applicable to the Work; 6.14.9.4 Assurance that a first aid person is designated, phone numbers of physicians, hospitals and ambulance services must be posted at the site, assurance that a first aid kit is available at the job site; 6.14.9.5 Provide all necessary personnel 'protective equipment including as necessary, but not limited to, the following: hard hats, safety glasses, respirators, ear protection, protective clothing; 6.14.9.6 Assure observation of all applicable speed limits; 6.14.9.7 Provide all necessary safety equipment including as necessary, but not limited to, the following: barricades, flags and flagmen, bracing, shoring and sloping at excavations and scaffolds. 6.14.9.8 The safety plan shall assure proper use of lasers or other activities involving combustibles; 6.14.9.9 The safety plan shall assure that during welding and cutting operations, the CONTRACTOR shall provide appropriate fire watchmen and fire extinguishers; 6.14.9.10 CONTRACTOR's safety plan shall assure that all heavy equipment shall be equipped as required by all applicable OSHA, ANSI, or other regulations. 6.14.10 No provision of these Contract Documents or the requirement that CONTRACTOR provide a copy of CONTRACTOR's safety plan shall be effective to assign to PROJECT MANAGER or to the COUNTY, their Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the Work relating to CONTRACTOR's responsibility for safety or any duty or authority to undertake responsibility assigned to CONTRACTOR under the Contract Documents. 6.16 Emergencies. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from PROJECT MANAGER or COUNTY, is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give COUNTY prompt written notice if CONTRACTOR believes that any significant changes in the Work have resulted because of the action taken in response to an emergency. If COUNTY determines that changes are required, COUNTY shall authorize the changes by Change Order. If the emergency was not due to the fault or negligence of CONTRACTOR, or any Subcontractor or Supplier or anyone for whose acts any of them may be liable and the changes cause an increase or decrease in CONTRACTOR's cost or the time required to perform any part of the Work, COUNTY shall make an adjustment in Contract Time, as provided in these specifications. 6.16 Shop Drawings and Samples. 6.16.1 After checking and verifying all field measurements and after complying with applicable procedures specified in the Specifications, CONTRACTOR shall submit to PROJECT MANAGER for review'and approval in accordance with the accepted schedule of Shop Drawing submissions, five (5) copies for use by COUNTY, PROJECT MANAGER and plus additional copies as required by CONTRACTOR (unless otherwise specified in the Contract Documents) of all Shop Drawings, which shall have been checked by and stamped with the approval of CONTRACTOR and identified as PROJECT MANAGER may require. CONTRACTOR shall submit a copy of the transmittal letter providing drawing numbers and titles for each item included in a Shop Drawing submittal to PROJECT MANAGER. 11=6- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -27 6.16.2 CONTRACTOR shall also submit to ARCHITECT for review and approval, with such promptness as to cause no delay in the Work, all samples required by the Contract Documents. All samples shall have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent data such as catalog numbers and the use for which it is intended. 6.16.3 CONTRACTOR's stamp of approval on any Shop Drawing or sample shall specifically indicate in writing, or if not indicated in writing, shall constitute a representation that CONTRACTOR has either determined and verified all quantities, dimensions, field construction criteria, Materials, catalog numbers, specified performance criteria, and similar data or assumes full responsibility for doing so, and that CONTRACTOR has reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.16.4 At the time of each submission, CONTRACTOR shall in writing call PROJECT MANAGER's and ARCHITECT OF RECORD's attention to any deviations that the Shop Drawings or samples may have from the requirements of the Contract Documents, and, in addition, shall cause a specific notation to be made on each Shop Drawing submitted of each such variation. 6.16.5 The ARCHITECT will review Shop Drawings and review samples and return CONTRACTOR's submittals stamped with the following notation: SHOP DRAWING REVIEW ( ) NO EXCEPTIONS TAKEN ( ) REJECTED ( )'NOTE COMMENTS ( ) RE- SUBMIT REVIEW IS FOR GENERAL CONFORMANCE WITH THE DESIGN CONCEPT AND CONTRACT DOCUMENTS Markings or comments shall not be construed as relieving the CONTRACTOR from compliance with the project plans and specifications, nor departures therefrom. The CONTRACTOR remains responsible for details and accuracy, for conforming and correlating all quantities, job conditions and dimensions, for selecting fabrication processes, for techniques of assembly and construction, and for performing his work in a safe manner. By: Date: (Signature) Approval is only for general conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and approvals or other actions shall not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. The CONTRACTOR is responsible for dimensions to be confirmed and correlated. at the job site; for information that pertains solely to the fabrication processes and for techniques of construction; and for coordination of the Work of all trades. ARCHITECT OF RECORD's and PROJECT MANAGER's review and ,approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to the accuracy of other matters that may be contained in the submittals, including but not limited to such matters dimensions, quantities, performance of equipment and systems designed by CONTRACTOR, Engineering Incentive design furnished by CONTRACTOR, CONTRACTOR's means, methods, techniques, sequences or procedures of construction (except where a specific means, method, technique, sequence, or procedure of construction is indicated in or required by the Contract Documents) or to safety precautions or programs incident thereto, the correctness of which shall remain the sole responsibility of CONTRACTOR. The review and approval of a separate item as such will not indicate approval of the assembly In which the item functions. The CONTRACTOR shall make any corrections required by the ARCHITECT OF RECORD and PROJECT MANAGER and shall IFB- 600806- 101GMG -Term Contract for In -Place Asphalt Recycling GC -28 return the required number of corrected copies of Shop Drawings and resubmit new samples for review. The CONTRACTOR shall direct specific attention in writing regarding revisions that do not include the corrections called for by the ARCHITECT OF RECORD or PROJECT MANAGER on previous submittals. 6.16.6 The ARCHITECT OF RECORD's and PROJECT MANAGER's review and approval of Shop Drawings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ARCHITECT OF RECORD's and PROJECT MANAGER's attention to each such variation at the time of submission and ARCHITECT OF RECORD or PROJECT MANAGER has given written approval of each such variation by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by the ARCHITECT OF RECORD or PROJECT MANAGER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or from responsibility for having complied with the provisions of subsection of these specifications. 6.16.7 Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been returned by the ARCHITECT OF RECORD or PROJECT MANAGER and noted "Approved" or" Approved As Corrected ". 6.16.8 All costs incurred in connection with the ARCHITECT OF RECORD's or PROJECT MANAGER's review and return of a particular Shop Drawing or sample submission after the ARCHITECT OF RECORD's or PROJECT MANAGER's second time review shall be borne by CONTRACTOR, Including the ARCHITECT OF RECORD's and PROJECT MANAGER's charges to COUNTY under the terms of their agreements with COUNTY. COUNTY shall be entitled to deduct these costs from the Contract Price by issuing a Change Order. 6.16.9 In reviewing Shop Drawings or samples, the ARCHITECT OF RECORD or PROJECT MANAGER shall be allowed (thirty) 30 days from the date ARCHITECT OF RECORD or PROJECT MANAGER receives the submittal or resubmittal from CONTRACTOR to return the submittal in accordance with'this Section, unless otherwise provided in the Contract Documents. ARCHITECT OF RECORD's or PROJECT MANAGER's review and return of a Shop Drawing or sample within the time allowed shall not justify an increase in Contract Price or an extension in Contract Time. Any delay in connection with CONTRACTOR's submittal and any resubmittai of a particular Shop Drawing or sample shall represent delays under the control of CONTRACTOR and shall not justify an increase in Contract Price or an extension in Contract Time. 6.17 Continuing the Work. CONTRACTOR shall carry on the Work and maintain the Progress Schedule during all disputes or disagreements with COUNTY. No Work shall be delayed or postponed pending resolution of any disputes or, disagreements, except as . - CONTRACTOR -and COUNTY may . otherwise agree in' writing. Suspension of the Work by CONTRACTOR during any dispute or disagreement with COUNTY shall entitle COUNTY to terminate the CONTRACT for cause; except as otherwise provided in these specifications. 6.18 Indemnity. 6.18.1 To the fullest extent permitted by law, the CONTRACTOR shall indemnify, hold harmless and defend (provide and pay for legal. defense) COUNTY, ARCHITECT OF RECORD, PROJECT MANAGER and their consultants, and each of their directors, officers, agents, and employees from and against all claims, damages, losses, expenses, and other costs, including costs of defense and attorneys' fees, and cost and attomey's fees on appeal, arising or allegedly arising in any manner out of, related to, resulting from, or in connection with the performance of the Work, both on and off the Project site, including any act or omission of CONTRACTOR, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them may be liable, caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons or entities employed or utilized by the CONTRACTOR in the performance of the Work. IFB- 600806- 10 /GMG -Term Contract for In -Place Asphalt Recycling ZJ GC -29 6.18.2 In any and all claims against the indemnified parties by any employee of CONTRACTOR, any Subcontractor, any Supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under subsections 6.18.1 and 6.18.4 shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable, by or for CONTRACTOR, or any Subcontractor, or any supplier, or other person under Workers' compensation acts, disability benefit acts, or other employee acts. 6.18.3 The obligations of CONTRACTOR under subsections 6.18.1 and 6.18.4 shall not extend to the liability of ARCHITECT OF RECORD, PROJECT MANAGER and their consultants, directors, officers, employees and agents and each of their directors, officers, employees, and agents arising out of, or resulting from, or in connection with the preparation or approval of maps, Drawings, opinions, reports, surveys, designs or Specifications, providing that the foregoing were the sole and exclusive cause of the loss, damage, or injury. 6.18.4 The CONTRACTOR shall also indemnify and hold harmless and defend (provide and pay for legal defense) COUNTY and PROJECT MANAGER and their consultants, and each of their directors, officers, employees, and agents from and against all losses, expenses, damages (including damages to the Work itself), attorneys' fees, and other costs (including costs and attorney's fees on appeal), which any .of them may incur with respect to the failure, neglect, or refusal of CONTRACTOR to faithfully perform the Work and the CONTRACTOR's obligations under the Contract Documents. Such costs, expenses, and damages shall include all costs including attomeys' fees and costs and attorneys' fees and costs on appeal incurred by the indemnified parties in any lawsuit to which they are a party. 6.18.5 At COUNTYs sole option and utilizing attorneys agreeable to COUNTY, CONTRACTOR shall defend all suits or claims as set out in this Section 6.18. 6.18.6 In the event that COUNTY incurs costs contrary to this indemnification agreement, COUNTY shall be entitled to deduct these costs from the Contract Price by issuing a Change Order. 6.19 Progress of the Work. 6.19.1 The CONTRACTOR shall physically mobilize at the Work site within fifteen (15) Days of the begin date on the Notice to Proceed and complete mobilization activities no later than thirty (30) Days from the begin date on the Notice to Proceed. Completion for mobilization shall be defined as activities that include, if applicable to the Work, at least (1) installation of the field office, (2) temporary utility provisions for water, sewer, electrical, telephone and other utilities in service, and (3) commencement of initial site work including clearing and grubbing, demolition, abandonement, blasting and removal of existing improvements at the Work site. In the event that the CONTRACTOR falls to mobilize as required in this Section, the COUNTY may withhold additional retainage as provided in the Agreement 6.19.2 If PROJECT MANAGER determines that CONTRACTOR is failing to maintain progress of the Work in accordance with the Project Schedule, the CONTRACTOR shall take steps as may be necessary to improve its progress, and the PROJECT MANAGER may require an increase in Work force, or hours, or days of Work, or the amount of construction plant or, all of them, and to submit to PROJECT MANAGER for approval such supplementary schedule or schedules as may be deemed necessary to demonstrate the manner in which the requisite progress will be regained and maintained, at the sole expense of the CONTRACTOR, without time extensions or additional compensation from the COUNTY. 6.19.3 Failure of CONTRACTOR to comply with the requirements of PROJECT MANAGER under this Section shall be grounds for determination by PROJECT MANAGER that CONTRACTOR is not prosecuting the Work with such diligence as will insure completion by the date of Substantial Completion.. The PROJECT MANAGER will then so. inform COUNTY. COUNTY may thereupon withhold additional retainage in anticipation of liquidated damages as provided in the Agreement or suspend the Work or terminate CONTRACTOR's services should CONTRACTOR fail to comply with this Section. IFB- 600806- 10 /GMG —Term Contract for In -Place Asphalt Recycling M GC -30 6.20 Project Meetings. 6.20.1 The CONTRACTOR along with appropriate subcontractors shall attend Project meetings requested by PROJECT MANAGER or COUNTY for the purpose of discussing and resolving matters concerning the various elements of the Work. If CONTRACTOR or his subcontractors fail to attend a meeting without giving an advanced written notice, COUNTY shall be entitled to deduct the costs of COUNTY, PROJECT MANAGER, and ARCHITECT OF RECORD representatives attending the meeting from the CONTRACT PRICE by issuing a Change Order. 6.20.2 The CONTRACTOR shall submit for the Project Meeting a summary bar chart of the Work activities anticipated for the following fourteen (14) days. This schedule will be used by the CONTRACTOR to discuss and coordinate all of the Work with trade contractors, site and utility contractors, utility agencies, the COUNTY's own forces and Departments, the Building Inspectors, other governmental or jurisdictional agencies and others performing work at the Project site, within the right -of- way or within the easements. 6.20.3 The CONTRACTOR's' obligation to coordinate the Project Schedule and meetings with trade contractors, site and utility contractors, utility agencies, the COUNTY's own forces and Departments, the Building Inspectors, other governmental or jurisdictional agencies shall be an item of discussion raised by the CONTRACTOR at each Project meeting. The CONTRACTOR shall discuss scheduling concerns related to the Work. The CONTRACTOR's summary bar chart of Work activities referenced above and CONTRACTOR's discussion shall identify all reasonable measures taken by the CONTRACTOR to minimize the effect on the Project Schedule, including, the CONTRACTOR's cooperative scheduling of all such work. The CONTRACTOR's summary bar chart and the CONTRACTOR's discussion shall include the advance notification, required by this Contract Document including dates on which all of the utilites, the COUNTY and the work by others must be coordinated with the CONTRACTOR's work and operations to avoid delay. 6.21 CONTRACTOR Not Agent of COUNTY. CONTRACTOR shall perform all Work under the Contract Documents as an independent contractor and shall not be considered an agent of COUNTY, nor shall CONTRACTOR's Subcontractors or Suppliers or employees be considered agents of COUNTY. CONTRACTOR and not COUNTY shall be solely responsible to any and all Subcontractors and Suppliers and all those employed by them for their costs, expenses, fees and profits, if any, in performing the Work. 6.22 Inspection and Audit. 6.22.1 COUNTY shall have access to the Work and the right to audit all of CONTRACTOR's books, ledgers, records, correspondence, instructions, drawings, receipts, vouchers, memoranda, and other documents pertinent to all Cost and Pricing Data used by CONTRACTOR in the determination of CONTRACTOR'S Bid for the Work, In pricing, negotiating or costing Work covered by a Change Order, Change Request or Contract Claim, or otherwise relating to the Work, and CONTRACTOR shall preserve and make available at CONTRACTOR's office at all reasonable times all such records for a period of five (5) years after Final Payment. 6.22.2 In the event of termination, the records relating to the Work, or part thereof, affected by such termination shall be made available for five (5) years after the termination. Records pertaining to Contract Claims, to litigation or the settlement of Contract Claims arising under or relating to the performance of the Work shall be made available until disposition of such appeals, litigation, or Contract Claims. 6.22.3 The CONTRACTOR, if applicable, shall insert a provision containing all the requirements of subsection 6.22, including this subsection 6.22.3, in all Subagreements between CONTRACTOR and Subcontractors or Suppliers or other persons, altering the subsection only as necessary to properly identify the contracting parties. IFB- 600806- 101GMG — Term Contract for In -Place Asphalt Recycling GC -31 6.23 Truth4n- Negotiation. 6.23.1 The CONTRACTOR warrants that all bid line items are true, complete and accurate and include all costs, overhead, profit and all other expenses, liabilities, risks and amounts associated with such Items and may be relied upon by COUNTY when making additions or deductions to the Contract Price. The CONTRACTOR further warrants that all Cost and Pricing Data provided to PROJECT MANAGER and COUNTY during the term of the Contract Documents shall be complete, accurate and current when provided. Should there be any changes in the Cost and Pricing Data previously submitted, the CONTRACTOR shall notify and provide the new information to PROJECT MANAGER, ARCHITECT and COUNTY Immediately. The COUNTY shall be entitled to issue an appropriate Change Order to adjust the Contract Price and Contract Time on account of corrections to inaccurate or incomplete information provided by CONTRACTOR. However, Change Orders that potentiallly would net an increase in the Contract Price or Contract Time may require additional review and approval by the COUNTY. 6.23.2 Despite any provisions in the Contract Documents to the contrary, any amounts paid by COUNTY to CONTRACTOR in excess of what it is entitled under the Contract Documents shall be reimbursed by CONTRACTOR to COUNTY. The making of Final Payment to CONTRACTOR shall not be a waiver of COUNTY's right to reimbursement from CONTRACTOR nor shall it discharge CONTRACTOR's obligation to refund the overpayment. The terms of subsection 6.23 shall survive the COUNTY's making Final Payment. 6.23.3 The CONTRACTOR shall insert a provision containing all the requirements of subsection 6.23, including this subsection 6.23.3, in all Subagreements between the CONTRACTOR and Subcontractors or Suppliers or other persons, altering the subsection only as necessary to identify properly the contracting parties. 6.24 Correspondence. All CONTRACTORS's correspondence shall include the COUNTY's Project name and the COUNTY's designated contract number. All CONTRACTOR's correspondence shall have identification numbers assigned by CONTRACTOR. The identification numbers shall be sequential and assigned chronologically to these Contract Documents only such that each CONTRACTOR's submission can be individually identified by reference to the assigned Identification number. The numbering system must be approved by PROJECT MANAGER. Any correspondence not so identified may not be accepted by PROJECT MANAGER. 6.25 Protection of Historical Properties. 6.25.1 CONTRACTOR shall comply with Florida's Archives and Historical Act (Chapter 267, Florida Statutes) and the regulations of the local historic preservation board as applicable and protect against the potential loss or destruction of significant historical or archaeological data, sites, and properties in connection with the Work. 6.25.2 CONTRACTOR shall be responsible for immediately reporting to the governmental entity or agency with jurisdiction any archaeological features which are encountered, discovered or unearthed during the performance of the Work, and for protecting same to the satisfaction of such governmental entity or agency. CONTRACTOR shall absorb all related delay, extension or acceleration costs, however caused, except that if COUNTY and CONTRACTOR believe the delays require an extension in Contract Time, COUNTY shall authorize the necessary change in Contract Time only and CONTRACTOR shall not be entitled to any Increase in Contract Price. 6.26 Responsibility for Coordinating and Connecting to Existing Services and Utilities. At all points where the Work constructed by CONTRACTOR connects to existing utilities and services, the actual Work of making the necessary connection to the existing service or utility shall be arranged for and coordinated by CONTRACTOR at no expense to COUNTY (unless specifically indicated otherwise). Services and utilities included within (but not limited to) this responsibility are roadways, sidewalks, driveways, ditches, electrical, lighting, sanitary sewer, mechanical, fire suppression, water distribution, gas, plumbing, communications, data, phone, storm water, landscaping, irrigation, fencing, etc. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -32 Connections shall be made at a time that will result in the least possible interference with existing services. 6.27 Additional Provisions. 6.27.1 The CONTRACTOR shall be responsible for all cutting of masonry and other materials, and all fitting, drilling or patching which may be necessary to complete the Work or to make its several parts fit together properly, whether or not such work is expressly specified In the Contract Documents. 6.27.2 The CONTRACTOR shall be responsible for preparing and delivering to PROJECT MANAGER, on a daily basis, reports recording labor, materials and equipment available and utilized, and on the materials and equipment received each day, on a form acceptable to PROJECT MANAGER . If CONTRACTOR fails to submit reports daily, PROJECT MANAGER may withhold approval of any Application for Payment until such time as CONTRACTOR submits the required information. CONTRACTOR shall make available any such records as requested by PROJECT MANAGER to verify that the reports are accurate. 6.27.3 CONTRACTOR shall submit to PROJECT MANAGER at the beginning of each Work shift, a list of specific items requiring final inspection, monitoring, or witnessing by PROJECT MANAGER or the Building Department. 6.28 Inspection and Tests at Source of Supply. 6.28.1 If the volume, progress of the Work, and other considerations warrant, the PROJECT MANAGER may undertake the inspection of materials at the source of supply. 6.28.2 The CONTRACTOR shall assure that the COUNTY representative has free entry at all times to such parts of the plant as concern the manufacture or production of the materials ordered, and shall bear all costs incurred in providing all reasonable facilities to assist in determining whether the Material furnished complies with the requirements of the Specifications. 6.28.3 The COUNTY, however, assumes no obligation to make such inspection of materials at the source of supply, and the responsibility for assuring that the materials are satisfactory rests entirely with the CONTRACTOR. 6.28.4 The COUNTY may elect to retest materials which have been tested and accepted at the source of supply, after they have been delivered, and all materials which, when retested, do not comply with the requirements of the Specifications or acceptance by the OWNER'S REPRESENTATIVE shaill be rejected. 6.28 Control by Samples and Tests. 6.29.1 The PROJECT MANAGER may require any or all materials to be subjected to tests by means of samples or otherwise, at production points, after delivery, or both, as he may determine. Unless otherwise provided, such tests will be made by and at the expense of the CONTRACTOR. The CONTRACTOR shall afford such facilities as the PROJECT MANAGER may require, for collecting and forwarding samples and shall not make use of, nor incorporate in the Work, any Materials represented by the samples until the tests have been made and the materials found acceptable. The CONTRACTOR shall furnish at his own expense, the material necessary for the required samples, delivered to the point designated, without charge. 6.29.2 Methods of sampling and testing Materials shall be in accordance with standards of ASTM or other criteria as specifically designated. Whenever ASTM or other standards are referenced without identification of the specific time of issuance, the reference shall be construed to mean the most current issuance, including interims or addendums thereto, at the time of advertisement for Bids for a Project. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -33 6.29.3 As a general practice, the COUNTY, in order to expedite the Work, may accept certain materials on the basis of tests made on advance samples taken and submitted by the producer, provided that tests on a representative ndmber of samples of the material taken by the PROJECT MANAGER after its arrival at the Work site confirm that the material meets the design or COUNTY's requirements. In the event that tests made on the samples taken by the PROJECT MANAGER do not substantiate those made on the advance samples submitted by the producer, and there is evidence that this privilege of expediting the use of the material is being abused, then this privilege will no longer be extended to such producer. 6.29.4 A card shall be attached to each producer's sample, showing the following information: Project designation, intended use of Material, name of producer, source of supply, quantity represented by sample, date sampled and any other information pertinent to the Material or Work. Care shall be used in preparing and shipping samples to assure that all packages are clean before Material has been placed therein, and are tied, or closed and wrapped, securely. 6.30 Storage of Materials. 6.30.1 Materials shall be so stored as to insure the preservation of their quality, color, and fitness for the Work and shall be so located as to facilitate prompt inspection, and to minimize noise impacts on sensitive receivers. Materials improperly stored may be rejected without testing. Materials or equipment shall not be stored under the canopy or within the 'dripline' of any trees without prior approval by the OWNER "S REPRESENTATIVE. 6.30.2 The insurance, protection and security of stored materials shall be the sole responsibility of the CONTRACTOR. The COUNTY shall not be liable or at risk for any loss of materials due to theft, weather, negligence, nor for any damages to the stored materials. 6.31 Defective Materials. Materials which are or have been improperly stored; All such materials, whether in place or not, will be rejected and shall, unless otherwise permitted by the PROJECT MANAGER , be removed immediately from the site of the Work and from the CONTRACTOR's storage areas, at the CONTRACTOR's expense. No rejected material, the defects of which have been subsequently corrected, shall be used until approval has been given. Upon failure on the part of the CONTRACTOR to comply promptly with any order of the PROJECT MANAGER made under the provisions of this Section, the PROJECT MANAGER shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any moneys due or to become due the CONTRACTOR. 6.32 Preservation of Property. 6.32.1 The CONTRACTOR shall preserve from damage all property along the line of Work, or which is in the vicinity of or is in any way affected by the Work, the removal or destruction of which is not called for by the plans. This applies to public and private property, public and private utilities, (except as modified by the provisions of 6.33), public and private buildings, trees, shrubs, crops, signs, monuments, fences, guardrail, pipe and underground structures, public highways (except natural wear and tear of highway resulting from legitimate use thereof by the CONTRACTOR), etc., and whenever such property is damaged due to the activities of the CONTRACTOR it shall be immediately ' restored to a condition similar or.equal to that existing before such damage or injury was done by the CONTRACTOR, and at his own expense, or he shall make good such damage or injury in an acceptable manner. The CONTRACTOR shall protect existing buildingss during the entire construction period, from damage caused by any of his operations or Equipment. The CONTRACTOR will not be required to provide routine repairs or maintenance for such structures but will be required, at his own expense, to make Immediate repairs of any damage occasioned by his use or operations. In the event that the CONTRACTOR's use or operations result in damage to a building requiring repairs, such repairs shall have a prior right to any Equipment, Materials or labor at the CONTRACTOR's disposal. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -34 6.32.2 In case of failure on the part of the CONTRACTOR to restore such property, building, utility, or street, or to make good such damage or injury, the PROJECT MANAGER may, upon 48 hours notice, proceed to repair, rebuild or otherwise restore such property, building, utility or street as may be deemed necessary, and the cost thereof will be deducted from any monies due or which may become due the CONTRACTOR under the Agreement. Nothing in this Section shall prevent the CONTRACTOR from receiving proper compensation for the removal, damage or replacement of any public or private property, not shown on the Plans, such Work is authorized by the PROJECT MANAGER provided that such property has not been damaged through fault of the CONTRACTOR or his employees or agents. 6.32.3.1 Where the CONTRACTOR hauls materials or equipment to the Project over public or private property and whether paved or unpaved, and such use causes damages, he shall immediately, at his expense, repair such public or private property to as good a condition as before the hauling began. The above requirement may be modified in accordance with any agreement the CONTRACTOR might make with the authority or governmental unit having jurisdiction over a particular road provided that he submits written evidence of such agreement. 6.32.3.2 Operation of equipment or hauling units of such size, weight and manueverability as to cause damage to previously constructed elements of the Project including, but, not necessarily limited to siedwalk, driveways, curb and gutters, drainage structures, walls, columns, roof overhangs, landscaping, hardscaping, above ground and under ground utiliy lines and boxes or asphalt pavement will not be permitted. Exceptions to these weight restrictions may be allowed for movement of necessary equipment to and from its Work site, for hauling of offsite fabricated components to be incorporated into the Project and for crossings as authorized by the PROJECT MANAGER. 6.33 Utilities. 6.33.1 At points where the CONTRACTOR's operations are adjacent to utility facilities or other property, damage to which might result in expense, loss, disruption of service or. other undue inconvenience to the public or to the Owner, the Work shall not be commenced until all necessary arrangements for the protection thereof have been made. The CONTRACTOR shall be solely and directly responsible to the owners and operators of such properties for any damage, injury, expense, loss, inconvenience, penalties or delay, caused by the CONTRACTOR's negligence or failure of operations. Relocations or adjustments requested only on the basis of the CONTRACTOR's proposed use of a particular method of construction or a particular type of Equipment will not be considered as being essential to the construction of the Project if other commonly used methods and Equipment will determine the responsibility for any such required adjustments of utilities. Relocations or adjustments requested because of delivery to the job of Materials furnished by the CONTRACTOR will be the responsibility of and at the expense of the CONTRACTOR. Circumstances under which It will be considered essential to remove or adjust (or to otherwise protect) utilities in order to construct the Project shall include, but not be limited to, the following: 6.33.1.1 Utilities lying within the vertical 'and horizontal construction limits, plus the reasonably required Working room necessary for operation of Equipment normally used for the particular type of construction. In the case of overhead electrical conductors which carry more than 400 volts, a minimum of ten feet (10') clearance between the conductor and the nearest possible approach of any part of the Equipment will be required, except where the utility owner effects safeguards approved by the Florida Department of Labor and Employment Security. 6.33.1.2 Utilities lying within the horizontal limits of the Project and within twelve inches (12 ") below the ground surface or the excavation surface on which the construction Equipment is to be operated, or within twelve inches (12 ") below the bottom of any stabilizing course called for on the plans. 6.33.1.3 Utilities lying within the normal limits of excavation for underground drainage facilities, foundations, footings or other structures. Such normal limits shall extend to side slopes along the angle of repose, as established by sound Engineering practice, unless the sides of the excavation are IFB- 600806- 10/GMG - Term Contract for In -Place Asphalt Recycling GC -35 required by the Plans or special provisions to be supported by sheeting, or the CONTRACTOR elects to sheet such excavation for his own convenience. 6.33.1.4 Where utilities cross pipe trenches transversely within the excavation area, but not within positions from which relocation or removal is necessary, the CONTRACTOR shall provide necessary coordination and support to the utility owner in the utility owner's effecting support and protective measures to utilities. In the event that CONTRACTOR is performing utility Work for the COUNTY under the Contract Documents, the CONTRACTOR shall be responsible for providing and effecting all measures for utility support and protection during construction operations. It is the responsibility of the CONTRACTOR to provide all sheeting, bracing, shoring and other forms of support for all utilities when working adjacent to or directly upon existing and proposed utilities. The CONTRACTOR shall comply with support requirements for the duration of the Work, whether the CONTRACTOR is constructing, demolishing, relocating or removing foundations and footers, buildings, public and private utility lines, parking lots, equipment, roadway pavement, base, and infrastructure, stormwater piping structures and traffic signalization devices. The CONTRACTOR shall be responsible for any damage to the utility which is caused by neglect or failure on the CONTRACTOR's part to cooperate and to use proper precaution in performing his Work. In the event that a temporary relocation of a utility or a particular sequence of timing In the relocation of a utility is necessary, such relocation shall be done only as directed by the PROJECT MANAGER. so as to cause the least impediment to the overall construction operations. The COUNTY will not assume responsibility for utility adjustments or temporary relocation Work, nor for the conditions resulting therefrom. 6.33.2 The CONTRACTOR shall coordinate and cooperate with the owners of any underground or overhead utility lines in their removal and rearrangements operations in order that these operations may progress in a reasonable manner, that duplication or rearrangement Work may be reduced to a minimum, and that services rendered by the utility owners will not be unnecessarily interrupted. In the event of interruption of water, sewer, communications or other utility services as a result of accidental breakage or as a result of their being exposed or unsupported, the CONTRACTOR shall promptly notify the proper authority and shall cooperate with the authority in the prompt restoration of service. If water, sewer, communication or any service that would be necessary for the immediate safety, health and wellbeing of the Seminole County Board of Commissioners and It's employees or of the residents of Seminole County, is interrupted, repair Work shall be continuous until the service is restored. No Work shall be undertaken around fire hydrants until provisions for continued service have been approved by the local fire authority. 6.33.3 Certain utility installations, relocations (temporary and permanent), adjustments and reconstruction work may be underway during the progress of the Work. The CONTRACTOR will be required to cooperate and coordinate as is necessary with the various utility construction crews in order that utility service may be maintained. Upon completion of the utilities work by others the utilities will be in their final location and the CONTRACTOR shall exercise due caution when working adjacent to such utilities. Any damage to the relocated utilities resulting from the CONTRACTOR's operations shall be repaired at his expense. The CONTRACTOR's attention is directed to the requirements of 6.33.1 and 6.33.2 outlining responsibility for protection of utility facilities. 6.33.4 No additional monetary compensation will be allowed for any delays, disruptions, Inconveniences, inefficiencies, constructive acceleration or damages of any nature sustained by CONTRACTOR due to any delay, disruptions, constructive accelerations, inefficiency, interference relating to utilities or appurtenances or from the operations of relocating and installing utilities. 6.34 CONTRACTOWs Responsibility For Work. Until acceptance of the Work by the COUNTY it shall be under the charge and custody of the CONTRACTOR and he shall take every necessary precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, arising either from the execution or from the nonexecution of the Work. The CONTRACTOR shall rebuild, repair, restore and make good, without additional compensation, all injury or damage to any portion of the Work occasioned by any of the above causes before its completion and acceptance except that in case of catastrophic damage the COUNTY may, at its discretion, reimburse the CONTRACTOR for the repair of IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -36 such damage due to unforeseeable causes beyond the control of and without the fault or negligence of the CONTRACTOR including, but not restricted to, Acts of God, of the public enemy or of governmental authorities. 6.35 Interferences. The CONTRACTOR shall at all times conduct the Work in such manner and in such sequence as to insure the least practicable interference with County employees, pedestrian /visitor traffic due to County business and vehicular traffic. The CONTRACTOR's vehicles, personnel, materials and equipment shall be operated in such a manner that they will not be a hazard or hinderance to daily operations and performance of County business. 6.36 Coordination with other Contractors. The CONTRACTOR shall coordinate and arrange his Work and dispose of his Materials so as not to interfere with operations of other contractors engaged upon adjacent worts and to join his Work to that of others in a proper manner, in accordance with the spirit of the Plans and Specifications, and to perform his Work in the proper sequence in relation to that of other contractors. Each contractor shall be responsible for any damage done by him or his agents to the work performed by another contractor. 6.37 Drainage. The CONTRACTOR shall so conduct his operations and maintain the Work in such condition that adequate drainage will be in effect at all times. Existing functioning roofs, roof drains, gutters, storm sewers, catch basins, inlets, ditches, ponds and other run -off facilities shall not be obstructed. 6.38 Fire Hydrants. Fire hydrants on or adjacent to the roadway or site shall be kept accessible to fire apparatus at all times and Material or obstruction shall not be placed within fifteen feet (16) of any such hydrant. 6.39 Protection of Structures and Trees. Heavy Equipment shall not be operated close enough to pipe headwalls, foundations, footings, columns, walls or other structures to cause their displacement. The equipment shall not be stored or parked overnight under the canopy or within the 'dripline' of any trees without prior approval by the PROJECT MANAGER. 6.40 Fencing. On all Work which includes fencing and where the PROJECT MANAGER determines it to be necessary for maintaining the security of livestock or adjacent property, or for protection of pedestrians who are likely to gain access to the Work from.adjacent property, the CONTRACTOR shall erect appropriate temporary security fence as a first order of business. Temporary fencing shall be installed at temporary construction easement areas on all commercial and residential properties appropriate to secure the Work areas and protect persons and domestic animals. At all times, the CONTRACTOR shall conduct the Work under secure temporary fencing. Permanent fend g shall be addressed as required by the Plans and Specifications. 6.41 Hazardous or Toxic Waste. When the CONTRACTOR'S operations encounter or expose any abnormal condition which may indicate the presence of a hazardous or toxic waste such operations shall be discontinued in the vicinity of the abnormal conditions and the PROJECT MANAGER and the ENGINEER shall be notified immediately. The presence of tanks or barrels; discolored earth, metal, wood, ground water, etc.; visible and non - visible fumes; abnormal odors; excessively hot earth; smoke; asbestos (PCB) or other conditions which appear abnormal may be indicators of hazardous or toxic wastes and shall be treated with extraordinary caution. In the event the Contractor encounters on the site material reasonably believed to be asbestos, polychlorinated biphenyl (PCB), or other hazardous or potentially hazardous materials as defined by appropriate' regulatory, jurisdictional or governmental authorities and has not been rendered harmless, the Contractor shall immediately stop Work in the area affected, install warning signs, fencing, and barricades meeting OSHA requirements, and report the condition immediately to the Owner and Architect in writing. Every effort shall be made by the CONTRACTOR to minimize the spread of any hazardous or toxic waste into uncontaminated areas. The CONTRACTOR's operations shall not resume until so directed by the PROJECT MANAGER. IFB- 600806- 10 /GMG — Term Contract for In -Place Asphalt Recycling GC -37 Disposition of the hazardous or toxic waste will be made in accordance with the requirements and regulations of any Local, State, or Federal Agency having jurisdiction. Where the CONTRACTOR performs work necessary to dispose of .hazardous or toxic waste, and the contract does not include pay items for disposal, payment will be made as provided in 4.4, Resolution of a report of Differing Physical Conditions. 6.42 Computation of Contract Time. 6.42.1 The CONTRACTOR shall perform fully, entirely and in accordance with the Specifications, the contracted Work within the Contract Time or as may be extended in accordance with the Contract Documents. The CONTRACTOR acknowledges that the allowable Contract Time is calculated with consideration given that significant Work Is not normally accomplished on Saturdays, Sundays, COUNTY Legal Holidays and during seasonal inclement weather conditions common to Central Florida with accompanying normal delays in prosecution of Work on controlling items. The effect on job progress, as detailed in the Plans, has also been considered in the computation of the allowable Contract Time. 6.42.2 Adjusting Contract Time. 6.42.2.1 The COUNTY may grant an extension of Contract Time when a controlling work item is delayed by factors not anticipated or foreseeable at the time of Bid. Such extension of time may be allowed only for delays occurring during the Contract Time period or authorized extension of the Contract Time period. When failure by the COUNTY to fulfill an obligation under the agreement results in delays in the controlling work items, such delays will be considered as a basis for granting credit to the Contract Time. Extensions of Contract Time Will not be granted for delays due to the fault or negligence of the CONTRACTOR. Time extensions for delays caused by the effects of inclement weather are justified only when rains or other inclement weather conditions or related adverse soil conditions prevent the CONTRACTOR from productively performing controlling work items resulting in: (1) The CONTRACTOR being unable to work at least 50 percent of the normal Work day on pre - determined controlling work items due to adverse weather conditions or; (2) The CONTRACTOR must make major repairs to Work damaged by weather. Providing the damage was not attributable to a failure to perform or neglect by the CONTRACTOR, and providing that the CONTRACTOR was unable to Work at least 50 percent of the normal Workday on pre - determined controlling work items. The affect of utility relocation (temporary and permanent) and adjustment Work on job progress will be considered as the basis for granting 'a'time extension only if all the following criteria are met: (1) Delays are the result of utility Work not detailed in the Plans or utility Work detailed in the Plans which is not accomplished in reasonably close accordance with the schedule; (2) Utility Work actually affected progress toward completion of controlling work items; and, (3) The CONTRACTOR took ail reasonable measures to minimize the effect of utility Work on job progress including a coordinated and cooperative scheduling of his operations with the scheduled utility Work at the preconstruction conference, at Project meetings, and providing that adequate advance notification was given to utility companies at Project meetings as to the dates on which their operations must be coordinated with the Contractors operations to avoid delays. (4) Such delays exceed thrity (30) days impact to controlling work items. IFB-600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling M GC -38 6.42.2.2 Extension or Adjustment of Contract Time under the provisions of these Contract Documents shall not entitle CONTRACTOR to additional compensation or form the basis for Contract claims. 6.43 , Rights In and Use of Materials Found On the Site of the Work. 6.43.1 Except as provided in the Plans and Specifications, all Materials which are not the property of the COUNTY or other persons, and all Material in structures removed by the CONTRACTOR, shall become the property of the CONTRACTOR and shall be disposed of by him. Such Materials shall not include earth or other excavated Material required for the construction of the Work. Materials from existing structures required to be removed and which are designated to remain the property of the COUNTY may generally be used by the CONTRACTOR during construction. Such material shall not be cut or otherwise damaged during removal unless permission is given, and shall subsequently be stored in an accessible location if so directed by the PROJECT MANAGER. 6.43.2 Any ornamental trees and shrubs existing within the limits of the Work, which are required to be removed for the construction operations and which are not specifically designated on the Plans to be reset, or to be removed by others prior to the construction operations, shall become the property of the CONTRACTOR. 6.44 Final Cleaning Up of .lob Site. Upon completion of the Work, and before Acceptance and Final Payment will be made, the CONTRACTOR ' shall remove from the COUNTY's job site and adjacent property all false Work, Equipment, surplus and discarded Materials, rubbish and temporary structures; CONTRACTOR shall restore in an acceptable manner all property, both public and private, which has been damaged during the prosecution of the Work, and shall leave all waterways and drainage facilities unobstructed. 6.45 Maintenance of Traffic. 6.45.1 The Maintenance of Traffic requirements of the Contract Documents are essential life safety requirements designed to assure the safety of the traveling vehicular and pedestrian public or employees of the County who may be executing County business in the vicinity of the Work.. The Contractor shall include in its costs provisions for maintenance of traffic as required by the local codes, laws and regulations which would be incidental to the cost of implementing the work. 6.45.2 Additional Project specific Maintenance of Traffic requirements may be set forth in the Supplementary Conditions. 6.46 Pollution, Vibration and Noise Controls. 6.46.1 Scope of Work. The CONTRACTOR shall minimize noise, vibration, and air pollution caused by construction activities. The CONTRACTOR shall control the generation and disposal of solid and hazardous wastes. 6.46.2 Implementation. 6.46.2.1 Noise Control shall be in accordance with Federal, State, and COUNTY regulations. The CONTRACTOR shall comply with all COUNTY Ordinances and regulations dealing with noise abatement. 6.46.2.2 Vibration Control shall be in accordance with Federal, State, and COUNTY regulations. It is the CONTRACTOR's sole responsibility to prevent damage from vibration to adjacent structures and property. IFB- 600806- 101GMG — Term Contract for In -Place Asphalt Recycling GC -39 6.46.2.3 Air Pollution Control shall be in accordance with Federal, State, and COUNTY regulations. 6.47 Dust and Waste Control. 6.47.1 CONTRACTOR shall take precautions to minimize dust emissions from operations involving demolition, repairs, renovations, excavation, grading, clearing of land and disposal of solid waste. 6.47.2 Solid and Hazardous Waste Control shall be in accordance with Federal, State, and COUNTY regulations. The CONTRACTOR is solely responsible for the disposal of any hazardous waste that is generated by the CONTRACTOR's operation. 6.47.3 In order to implement these regulations, CONTRACTOR shall use the following procedures and techniques: 6.47.3.1 Air Pollution. (a) Dust (i) Cover loads of materials, debris and soil transported from construction sites. Set up dust and debris screens whereever needed. (ii) As needed, wash trucks which haul soil from the site. (Ili) Water down construction sites as needed to suppress dust, during handling of excavation soil, debris or during demolition. (b) Remove scrap and waste material and dispose of in accordance with taws, codes, regulations, ordinances and permits. (c) Use construction equipment which has been designed and equipped to prevent or control air pollution in conformance with the regulations of the EPA, state and local authorities. 6.47.3.2 Solid and Hazardous Waste. (a) Solid wastes may be disposed of in a number of ways, including reuse on the project, sale for fuel, through controlled incineration, donation to other public private dump sites, either free or for a fee. Hazardous material shall be disposed of at properly permitted disposal facilities. (b) Haul routes for transporting solid or hazardous wastes shall comply with the requirements of state and local authorities. 6AS Temporary f=acilities. 6.48.1 Description. This section describes the CONTRACTOR'S responsibility for temporary facilities and utilities that the CONTRACTOR shall require during construction, unless otherwise specified in the.Suplementary Conditions of this Project. 6.48.2 Scope. 6.48.2.1 Provide temporary facill ies required which may include, but are not necessarily limited to, the following: (a) Telephone (two lines at a minimum) (b) Storage sheds IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -40 (c) Temporary water service (d) Temporary sanitary service (e) Temporary lighting and electrical service {f) Temporary data and phone service (g) Temporary internet service (h) Temporary fire protection (i) Temporary office trailers, including temporary utilities Q) Safety and Visitor Protection 6.48.2.2 Furnish and install temporary water service for use throughout construction period. (a) Water for construction purposes. (b) Water for other purposes: (i) Testing (ii) Temporary sanitary facilities (iii) Cleaning (c) Drinking water. (d) Potable water for construction personnel: (i) Portable containers to dispense drinking water. (e) Pay costs of water or ice. (f) Drinking water. Convenient to work stations. 6.48.2.3 Maintain adequate volume of water for all purposes. 6.48.2.4 Provide separate supply of potable water. If supplied from COUNTY source, the system shall be protected by approved back flow devices. . 6.48.2.5 Maintain strict supervision of use of temporary services. (a) Enforce conformance with applicable codes and standards. (b) Enforce sanitary practices. (c) Prevent abuse of services. (d) Prevent wasteful use of water. 6.48.2.6 Pay costs for temporary water supply used by all trades, including costs of installation, maintenance, and removal of pipe and equipment. 6.48.2.7 Requirements of Regulatory Agencies. (a) Obtain, pay for permits, fees, deposits required by governing authorities. (b) Comply with federal, state and local codes. 6.48.3 Temporary Electricity and Lighting. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling I& GC -41 6.48.3.1 Furnish, install and maintain adequate temporary lighting and electric power service for construction needs throughout construction period. ALL TEMPORARY ELECTRICAL FACILITIES SHALL MEET THE REQUIREMENTS OF ALL PERTINENT BUILIDING CODES. 6.48.3.2 Maintain strict supervision of use of temporary services. (a) Enforce conformance with'applicable standards. (b) Enforce safe practices. (c) Prevent abuse of services. services used. 6.48.3.3 Pay costs of, installation, maintenance and removal of temporary electrical 6.48.3.4. Requirements of Regulatory Agencies. (a) Obtain and pay for permits as required by governing authorities. (b) Comply with applicable codes. (i) National Electrical Code. (ii) National Electrical Safety Code. (iii) National Fire Protection Association Pamphlet. (iv) . Federal, state and local codes and utility company regulations. 6.48.3.5 Provide night security lighting at secured areas within construction limits at offices, storage facilities and excavated areas. 6.48.4 Temporary Sanitary Facilities. 6.48.4.1 Fumish, install and maintain temporary sanitary facilities for use throughout construction period. (a) Enclosed toilet facilities for construction personnel. 6.48.4.2 Maintain strict supervision of use of facilities. (a) Enforce conformance with applicable standards. .(b) Maintain, service and clean facilities as needed by Owner.. (c) Enforce proper use of sanitary facilities. 6.48.4.3 Cost of Installation and Operation. (a) Pay costs of temporary sanitary facilities, including costs of installation, maintenance and removal. (b) Pay service charges for use of portable units. 6.48.4.4 Facility Locations. (a) VVithin the project site. (b) Tollet and washing facilities: IFB- 600806- 10 /GMG -Term Contract for In -Place Asphalt Recycling GC -42 (i) Secluded from public observation if possible. (ii) Convenient for use of personnel in relation to work stations. 6.48.4.5 Requirements of Regulatory Agencies. (a) Obtain and pay for permits as required by governing authorities. (b) Comply with federal, state and local codes, and utility company regulations. 6.48.5 Contractor Employee Parking. 6.48.5.1 The CONTRACTOR is to submit a plan of intended parking areas prior to mobilizing on site. 6.48.5.2 The CONTRACTOR is to maintain strict supervision of use of the parking areas. The CONTRACTOR is to maintain, service and clean the areas. 6.48.6 Contractor Offices. This section is reserved for Project Specific. If this section is required for a particular project, further instructions to CONTRACTORS will be provided by the COUNTY in the Supplementary Conditions. 6.49 Photographs and Videos 6.49.1 CONTRACTOR shall provide the COUNTY with photographs of the existing conditions prior to construction, photographs taken monthly throughout progress of the Work, prior to requisition job meeting for Application for Payment.. (a) Take photographs at beginning and completion of elements of construction. (i) Site clearing (ii) Excavations (iii) Foundations (iv) Slab; Formwork, Steel and Concrete Pour (v) Structural framing (vi) Enclosure of building; Exterior and Interior (vii) Utility Rough -ins (viii) Control Panels, Equipment and Mechanical Rooms (ix) Roofing (x) Interior Finishes (xi) Site Development (xii) Final Completion (b) View and Quantities Required: (i) At each specified time, photograph the Project from average of four different views, SE, NE, SW,-NW or as instructed by the OWNER'S REPRESENTATIVE. (ii) Provide three (3) prints of each view. 6.49.2 Costs of Photographs: The CONTRACTOR is responsible for all costs for specified photography and prints. 6.49.3 Prints: (a) Digital (b) Identify each print listing: IFB- 600806- 1 01GMG - Term Contract for In -Place Asphalt Recycling GC -43 (i) Name of the Project (ii) Phase (iii) Name of Contractor (iv) Orientation of View (v) Date and Time of View (vi) Name and address exposure. 6.49.4 Technique: of photographer and photographer's number identification of (a) Factual presentation (b) Corect exposure and focus (i) High resolution and sharpeness (ii) Minimum distortion 6.49.5 Preconstruction Video. A video prior to start of any Work is required and a copy of the video must be submitted to the Project Manager before mobilization. 6.50 Field Materials on Private Property. Work performed on private property when the COUNTY owns permanent easements for access, drainage facilities, or other purposes, may require excavation and the use of fill materials. The CONTRACTOR shall, when possible, backfill excavated lands with the fill materials originally excavated. In any event the filling of excavated lands shall be accomplished using material of substantial similarity to the excavated material. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -44 SECTION 7 - WORK BY OTHERS 7.1 Related Work At Site. 7.1.1 COUNTY may perform other work at the site by COUNTY's own forces, provide for or allow other work to be performed by other owners, or let others direct contracts for other work. If the fact that . such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such other work. 7.1.2 CONTRACTOR shall afford each owner and contractor (or COUNTY, if COUNTY is performing the additional work with COUNTY's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of Materials and Equipment and the execution of such work, and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be required to make it integrate properly with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their Work and will only cut or alter their work with the written consent of PROJECT MANAGER and the others whose work will be affected. 7.1.3 If any part of CONTRACTOR's Work depends for proper execution or results upon the work of COUNTY or any such other contractor or owner, CONTRACTOR shall inspect and promptly report to PROJECT MANAGER in writing any delays, defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure to so report will constitute an acceptance of the other work as fit and proper for integration with CONTRACTOR's Work except for latent or nonapparent defects and deficiencies in the other work. Wherever Work to be performed by CONTRACTOR is dependent upon the work of others or any separate contractor, CONTRACTOR shall: (1) coordinate his Work with the dependent work; (2) provide necessary dependent data and requirements; (3) supply or install Items to be built into dependent work of others; (4) make provisions for dependent work; (5) check and verify dependent dimensions of previously placed work; (6) notify PROJECT MANAGER of previously placed dependent work or dependent dimensions which are unsatisfactory or will prevent a satisfactory installation of any such Work; and (7) not proceed with any such Work until any unsatisfactory dependent conditions have been corrected. Installation of work by CONTRACTOR or by a Subcontractor in any given area shall constitute acceptance by CONTRACTOR or by such Subcontractor of all previously placed dependent work, subject to the exceptions previously noted. 7.1.4 If COUNTY contracts with others for the performance of other work at the site, the CONTRACTOR shall be responsible for coordination of the adivities among the various contractors. Coordination with other contractors will be the sole responsibility of CONTRACTOR and neither COUNTY nor'PROJECT MANAGER shall have any authority or responsibility with respect to such coordination. 7.2 Mutual Duties and Responsibilities. 7.2.1 Should CONTRACTOR cause damage to the work or property of others or any separate contractor or owner performing work at or contiguous to the site, or should any claim arising out of CONTRACTOR's performance of Work at or contiguous to the site be made by any separate contractor or utility owner against CONTRACTOR, COUNTY, PROJECT MANAGER, ARCHITECT OF RECORD. The CONTRACTOR shall promptly attempt to settle with such separate contractor or utility owner by agreement, or to otherwise resolve the dispute at equity or at law. 7.2.2 Should any separate contractor or Owner or others cause damage to the Work or property of CONTRACTOR, or should the performance of work by any separate contractor or owner at or contiguous to the site give rise to any other claim by CONTRACTOR, CONTRACTOR shall promptly attempt to settle with such separate contractor or Owner by agreement, or to otherwise resolve the dispute at equity or at law. CONTRACTOR shall not institute any action, legal or equitable, against COUNTY, PROJECT MANAGER , ARCHITECT OF RECORD, or their consultants, directors, officers, agents, and employees or permit any action against them to be maintained and continued in its name or I FB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -46 for its benefit in any court or before any arbiter which seeks to impose liability or recover damages from COUNTY, PROJECT MANAGER, ARCHITECT OF RECORD or their consultants, directors, officers, agents, or employees on account of these. 7.2.3 In the event that COUNTY incurs costs contrary to the provisions of this subsection, COUNTY will be entitled to deduct these costs from the Contract Price by issuing a Change Order. 7.3 Extensions in Contract Time. If CONTRACTOR is delayed at any time in performing or furnishing the Work by any act or neglect of another contractor or entity performing work at the site noted in the Contract Documents, CONTRACTOR may request an extension or adjustment in Contract Time as provided in this Section and in Section 6.42.2, above; if COUNTY agrees that the delay requires an adjustment in Contract Time, COUNTY shall authorize the necessary extension of Contract Time. However, an extension in Contract Time(s), if so granted, shall be CONTRACTOR's sole and exclusive remedy with respect to COUNTY, PROJECT MANAGER, and ARCHITECT OF RECORD, and their consultant's, agents and employees for any delay, disruption, interference, inefficiency, extension, constructive acceleration or hindrance and associated costs, however caused, resulting from delays caused by others performing other work at the site. 7.4 Contract Time Coordination. . 7.4.1 CONTRACTOR shall give prompt written notice to COUNTY, PROJECT MANAGER and any other affected contractor(s) whenever CONTRACTOR anticipates a conflict in Contract Time(s) related to or simultaneous with associated Contract Time (s) in the work of others. Within seven (7) days thereafter, CONTRACTOR shall be required to deliver to PROJECT MANAGER proposed actions to either (a) prevent an adverse effect on the Progress Schedule of the other contractors arising from delays to the Work, or (b) prevent or overcome an adverse effect on the Progress Schedule for the Work arising from delays from another contract. 7.4.2 When Work is performed out of sequence and ahead of interfacing Work, CONTRACTOR shall be responsible for taking reasonable steps to minimize damage or loss to the Work which may be caused by others during the performance of their work, including (but not limited to) furnishing written notice to PROJECT MANAGER and to the other contractors that Work has been performed out of sequence and ahead of interfacing Work. 7.4.3 When work by others is performed out of sequence and ahead of interfacing Work, the said work shall be considered as if it had been shown on the Contract Documents. CONTRACTOR shall be responsible for protecting said work and shall replace, repair or otherwise settle with others any and all damage caused as a result of the performance of Work out of sequence. IFB- 600806- 10 /GMG — Term Contract for In -Place Asphalt Recycling GC -46 SECTION 8 - COUNTY'S RESPONSIBILITIES 8.1 General. 8.1 .1 COUNTY shall generally issue all communications to CONTRACTOR through PROJECT MANAGER. However, communications related to Contract Claims under the Seminole County Purchasing Code Policies and Procedures, shall be issued by the COUNTY's Purchasing Manager or County Manager. 8.1.2 In case of termination of the employment of PROJECT MANAGER, COUNTY shall appoint a PROJECT MANAGER whose status under the Contract Documents shall be that of the former PROJECT MANAGER. 8.1.3 COUNTY shall furnish the data required of COUNTY under the Contract Documents promptly and shall make payments to CONTRACTOR promptly after they are due as provided in these specifications. 8.1.4 COUNTY's duties with respect to providing lands and easements and surveys to establish reference points, and identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing structures which have been utilized by ARCHITECT OF RECORD in preparing the Drawings and Specifications are set forth in these specifications. 8.1.5 COUNTY will issue unilaterally or negotiate, at its discretion, Change Orders as provided in these Contract Documents, 8.1.6 COUNTY's responsibility with respect to certain inspections, tests and approvals is set forth in these specifications. 8.1.7 COUNTY may allow its consultants, agents, attorneys, employees, and others access to the site. CONTRACTOR shall cooperate with COUNTY in allowing such access. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -47 SECTION 9 - PROJECT MANAGER'S AND ARCHITECT OF RECORD'S STATUS DURING CONSTRUCTION 9.1 COUNTY'S Representative. PROJECT MANAGER will be COUNTY' representative during the construction of the Work. The duties and responsibilities and the limitations of authority of PROJECT MANAGER as COUNTY's representative during construction are set forth in the Contract Documents and shall not be extended without written consent of COUNTY and PROJECT MANAGER. 9.2 Visits to Site. 9.2.1 PROJECT MANAGER may make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. 9.2.2 PROJECT MANAGER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. 9.3 Project Representation. COUNTY may designate another agent to represent COUNTY at the site who is not the PROJECT MANAGER or it's agent or employee. 9.4 Duties, Responsibilities and Limitations of Authority of PROJECT MANAGER. 9.4.1 The PROJECT MANAGER will perform the duties and responsibilities described herein. PROJECT MANAGER shall generally issue all communications to CONTRACTOR including but not limited to communications directed to CONTRACTOR from COUNTY. CONTRACTOR shall generally issue all communications to COUNTY through PROJECT MANAGER 9.4.2 PROJECT MANAGER will provide instructions on procedures to be followed and schedule inspections of the Work; review daily inspection reports prepared; prepare draft Field Orders, Change Requests or Change Orders as required and review them with COUNTY, as applicable. 9.4.3 PROJECT MANAGER will attend meetings with CONTRACTOR, such as the Preconstruction Conference, Project Meetings and any other Project related meetings and prepare and circulate copies of minutes thereof. The preparation and circulation of minutes of preconstruction conferences, Project meetings and any other Project related meetings shall not relieve CONTRACTOR of CONTRACTOR's responsibility to coordinate the work of the COUNTY, utility contractors, or the work of others or the CONTRACTOR's responsibility for scheduling and sequencing its Work with the work of the COUNTY, utility contractors or the work of others. 9.4.4 PROJECT MANAGER, working principally through CONTRACTOR's superintendent, will assist in understanding the intent of the Contract Documents, and will serve as COUNTY' liaison with CONTRACTOR when CONTRACTOR's operations affect COUNTYs on -site operations, and when additional information is required from COUNTY for proper execution of the Work. 9.4.5 PROJECT MANAGER will advise CONTRACTOR of the commencement of any Work requiring a Shop Drawing or sample. 9.4.6 PROJECT MANAGER will conduct general on -site observations of the Work in progress and will observe for non - conformance reports to determine if the Work is proceeding in accordance with the Contract Documents. 9.4.7 PROJECT MANAGER will notify CONTRACTOR of disapproval or rejection of defective Work and will notify CONTRACTOR whether Defective Work is to be corrected, or replaced. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -48 9.4.8 PROJECT MANAGER will notify CONTRACTOR of any Work that is to be uncovered for observation, testing inspection or approval. 9.4.9 PROJECT MANAGER will accompany visiting inspectors representing governmental or other agencies having jurisdiction over the Project, and record the results of the inspections. 9.4.10 PROJECT MANAGER will transmit to CONTRACTOR clarifications and interpretations as issued by the COUNTY. 9.4.11 PROJECT MANAGER will consider and evaluate CONTRACTOR's proposed variations and the changes in the Work or the Contract Documents, PROJECT MANAGER will communicate decisions on such proposals to CONTRACTOR as issued by COUNTY. 9.4.12 PROJECT MANAGER will report promptly to COUNTY upon gaining knowledge of the occurrence of any accident at the site. 9.4.13 PROJECT MANAGER will prepare reports of the progress of the Work and of CONTRACTOR's compliance with the Progress Schedule. 9.4.14 PROJECT MANAGER will consult as appropriate with COUNTY's staff in advance of scheduled major tests, inspections or the commencement of important phases of the Work. 9.4.15 PROJECT MANAGER will review and evaluate CONTRACTOR's Application for Payment and advise COUNTY staff accordingly. 9.4.16 PROJECT MANAGER will review and evaluate CONTRACTOR's notice that CONTRACTOR considers the Work (or part thereof) substantially complete and advise COUNTY staff accordingly. 9.4.17 PROJECT MANAGER will observe whether all items on lists of items to be completed prior to Final Payment have been completed and make recommendations to COUNTY concerning Acceptance. 9.4.18 During the course of the Work, the PROJECT MANAGER will verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed. 9.5 Clarifications and Interpretations. . PROJECT MANAGER will issue with reasonable promptness such written clarifications or interpretations of .the requirements of the Contract Documents (in the form of Drawings or otherwise) as PROJECT MANAGER may determine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. 9.6 Authorized Variations in Work. PROJECT MANAGER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents and required to produce the intended result. These may be accomplished by a Field Order and will be binding on CONTRACTOR who shall perform the Work involved promptly. 9.7 Rejecting Defective Work. PROJECT MANAGER will have authority to disapprove or reject Work at any time during the construction of the Work, which PROJECT MANAGER believes to be Defective. PROJECT MANAGER will also have authority to require special inspection or testing of the Work, whether or not the Work is fabricated, installed, or completed. When CONTRACTOR has been notified by PROJECT MANAGER of disapproval or rejection of Defective Work, CONTRACTOR shall take immediate action to correct or replace same. IFB-600806- 10IGMG -Term Contract for In -Place Asphalt Recycling GC -49 9.8 Determinations of Quantities and Classifications of Unit Price Work. PROJECT MANAGER will determine the actual quantities of each classification of Unit Price Work. PROJECT MANAGER will review with CONTRACTOR, PROJECT MANAGER's preliminary determinations on such matters before rendering a written decision thereon (by recommendation of an Application for Payment or otherwise). PROJECT MANAGER's written decisions thereon will be final and binding upon CONTRACTOR, unless, within seven (7) days after the date of any such decision, CONTRACTOR delivers to COUNTY written notice of a Contract Claim. 9.9 Decisions on Disputes. PROJECT MANAGER will be the initial interpreter of the requirements of the Contract Documents, and in such capacity will render initial determinations in respect of the acceptability of the Work thereunder. Unless otherwise provided in the Contract Documents, notices, proposals or other matter relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work will be referred initially to PROJECT MANAGER in writing with a request for a formal decision in accordance with this subsection which PROJECT MANAGER will render within a reasonable time. PROJECT MANAGER's written determination thereon shall be final and binding on CONTRACTOR unless CONTRACTOR delivers to COUNTY written notice of a Contract Claim within seven (7) days of receipt of such decision. 9.10 Limitations on PROJECT MANAGER's and ARCHITECT OF RECORD's Responsibilities. 9.10.1 Neither PROJECT MANAGER's or ARCHITECT OF RECORD's authority to act under this Section or elsewhere in the Contract Documents nor any decision or determination made by PROJECT MANAGER or ARCHITECT OF RECORD in good faith to exercise or not to exercise such authority shall give rise to any duty or responsibility of PROJECT MANAGER or ARCHITECT OF RECORD to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization performing any of the Work, or to any Surety for any of them. 9.10.2 Whenever in the Contract Documents the terms "as ordered ", "as directed ", "as required ", "as allowed ", "as approved" or terms of like effect or import are used, or the adjectives "reasonable ", "suitable ", "acceptable ", "proper" or "satisfactory" or adjectives of like effect or import are used to describe requirement, direction, review or judgment of PROJECT MANAGER or ARCHITECT OF RECORD as to the Work, it is intended that such requirement, direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to PROJECT MANAGER or ARCHITECT OF RECORD any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of this Section. 9.10.3 PROJECT MANAGER and ARCHITECT OF RECORD will not be responsible for CONTRACTOR's means, schedules, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and PROJECT MANAGER and ENGINEER OF RECORD will not be responsible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. 9.10.4 PROJECT MANAGER and ARCHITECT OF RECORD will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the Work. IFB- 600606- 10 /GMG - Term Contract for In -Place Asphalt Recycling N GC -50 SECTION 10. CHANGES IN THE WORK 10.1 Changes In the Work. 10.1.1 Without invalidating the Agreement and without notice to any Surety, COUNTY may, at any time, by duly executed Change Order, order changes within the scope of the Contract Documents consisting of additions,, deletions or other revisions in the Work. Upon receipt of that order, CONTRACTOR shall promptly proceed or continue with the Work involved (based on the conditions stated and other applicable conditions in the Contract Documents). If a change under this Section causes an increase or decrease in the Contract Price or any extension or shortening of the Contract Time, COUNTY will make an adjustment as provided in these specifications. 10.1.2 The COUNTY or PROJECT MANAGER may present to CONTRACTOR a Change Request requesting that CONTRACTOR submit a proposal for an adjustment in Contract Price or Contract Time or both for a proposed change in the Work. CONTRACTOR shall submit a proposed adjustment with all supporting data and the directions given in the Change Request within 7 days of receipt. Said proposed adjustment shall include an itemized estimate of all costs and time for the performance that will result directly or indirectly from the changes described. Estimates shall be prepared and in sufficient detail and with documentation such that PROJECT MANAGER can (1) analyze all material, labor and equipment, subcontracts, Contractor Allowances, and fees, and any other costs covering all aspects of the Work involved in the change, whether such was added, deleted, changed, or impacted; (2) determine that the proposal reflects all impacts on the Contract Documents of the proposed change; and (3) establish that all provisions of the Contract Documents have been complied with. 10.1.3 The COUNTY or PROJECT MANAGER may give instructions which may result in changes in the Work not Involving an adjustment in the Contract Price or the Contract Time when such changes are necessary or expedient to the satisfactory performance and completion of the Work. These instructions shall be binding on CONTRACTOR. Any instruction, direction, interpretation, or determination from COUNTY or PROJECT MANAGER which causes a change shall be treated as a change under this Section provided that CONTRACTOR gives PROJECT MANAGER written notice stating the date, circumstances, specific order, and that CONTRACTOR regards the instruction as a change.. Such written notification shall be given to PROJECT MANAGER within seven (7) days after receipt and before CONTRACTOR acts on said instruction, direction, interpretation, or determination. No Contract Claim, change or notice by CONTRACTOR will be allowed if asserted after Work has commenced on, or if notice is not provided within the stated time limit provided after receipt of, the instruction, direction, interpretation, or determination from COUNTY, PROJECT MANAGER, or any other source. 10.1.4 In making changes under this Section, COUNTY may give consideration to, a notice, proposal or Contract Claim from CONTRACTOR, provided the notice;. proposal or Contract 'Claim is presented in accordance with the requirements of this Section. CONTRACTOR shall provide COUNTY or PROJECT MANAGER any additional or supplemental Information requested for purposes of evaluation of CONTRACTOR's submittal, but such requests by the COUNTY or PROJECT MANAGER will not constitute acceptance of the notice, proposal or Contract Claim. 10.1.5 The PROJECT MANAGER will evaluate a change notice from CONTRACTOR, and will review with CONTRACTOR the results of the evaluation before rendering a determination. If COUNTY, with the advice of PROJECT MANAGER, concurs that a change in the Work has occurred or been ordered, CONTRACTOR will be directed to submit a proposal for an adjustment. If COUNTY concludes that a change has not occurred or been ordered, COUNTY's determination shall be final and binding on CONTRACTOR unless CONTRACTOR delivers to COUNTY written notice of a Contract Claim within seven (7) days from receipt of such decision. I FB-600806-1 01GMG — Term Contract for In -Place Asphalt Recycling GC -51 10.2 Change Orders and Change Requests. 10.2.1 The Contract Price, Contract Time or Scope of the Work shall be changed only by Change Order (unilateral or bilateral). 10.2.2 A Change Order duly executed by COUNTY and CONTRACTOR provides for an all inclusive settlement and total compensation for all requested changes and for the direct, supplemental, indirect, consequential and cumulative costs and delays. The CONTRACTOR's execution of the Change Order represents a waiver of any and all rights to file a Contract Claim on account of this instrument or the requested changes. An executed Change Order constitutes an agreement, an accord and complete satisfaction of all potential or actual claims related to the Change Order or the requested changes. 10.2.3 The COUNTY and CONTRACTOR shall execute Change Orders covering changes in the Work (including any necessary adjustments in Contract Price or Contract Time) which are ordered or agreed to by the parties or changes in Contract Price or Contract Time which are agreed to in total with reasonable promptness. Adjustments to Contract Price resulting from changed Work shall only be included in Applications for Payment after a Change Order has been duly executed. 10.2.4 A Change Order, duly executed by COUNTY, but not executed by CONTRACTOR, or executed by CONTRACTOR with a notice of reservation of rights to claim additional adjustments under a Contract Claim, shall become final and binding on CONTRACTOR as a Unilateral Change Order, without consideration of the reservation of rights, unless CONTRACTOR delivers to COUNTY written notice of a Contract Claim within seven (7) days after receipt of that instrument. 10.2.5 If changes to the Agreement result in a contract amount over 120% of the original value, the Surety shall be notified by the Contractor in writing and a copy of the notification shall be provided to the Project Manager. 10.3 Waivers. 10.3.1 No Contract Claim by CONTRACTOR for an adjustment under these Contract Documents shall be allowed for any costs, disruption, suspension, interference, inefficiency, constructive acceleration or delay incurred more than seven (7) days before CONTRACTOR gives written notice as required. 10.3.2 No Contract Claim by CONTRACTOR for an adjustment under this Section shall be allowed if made after the date of Final Payment. 10.3.3 Additional Work performed without authorization by COUNTY of a Change Order will not entitle CONTRACTOR to an increase in Contract Price or an extension of Contract Time. .10.3.4 The CONTRACTOR acknowledges that there may be changes during the course of the Work and acknowledges that the probable effect of changes has been accounted for in the development of the Contract Price and the CPM Project Schedule. Whenever CONTRACTOR makes a Contract Claim under these specifications such Contract Claim shall include the total amount of adjustment in Contract Price and Contract Time to which the CONTRACTOR believes it is entitled. Except as COUNTY and CONTRACTOR may otherwise agree in writing, CONTRACTOR shall be deemed to have waived (1) any adjustment to which it might otherwise be entitled under these specifications where such Contract Claim fails to request such adjustments, (2) any increase in the amount of adjustment additional to that requested in the Contract Claim, and (3) any Contract Claim for reimbursement of impact allegedly resulting from the cumulative effect of the number, nature,, or extent of any changes. 10.3.5 The CONTRACTOR recognizes and accepts the notice. provisions of these Contract Documents as material conditions of the Contract Documents and agrees to make no claim based upon COUNTY'S actual notice or lack of prejudice to the COUNTY. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -52 SECTION 11 CHANGES IN CONTRACT PRICE OR CONTRACT TIME 11.1 Changes In Contract Price or Contract Time. The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to CONTRACTOR for the Work. All duties, responsibilities, liabilities, risks of every nature, and obligations assigned or undertaken by CONTRACTOR shall be at CONTRACTOR's sole expense without change in the Contract Price or Contract Time except as set out below: 11.2 Change Requests or Contract Claims Substantiating Adjustments. 11.2.1 Supporting data for any Change Request or Contract Claim by the CONTRACTOR shall include at a minimum a complete and detailed breakdown of the proposed price and a detailed explanation of any time impact for the change. Said proposed price shall be based on the lowest reasonable cost consistent with sound construction practice. Such breakdown shall include itemizations by trade of all labor with man hours and hourly rates, by equipment with hours of use and hourly rates, and by material with each type of costs, all In sufficient detail to evaluate the cost of the individual components of the Work, including copies of purchase orders, invoices and subcontract change orders and other similar instruments that can document the: transactions influencing the costs'of, the change order. 11.2.2 The CONTRACTOR's Change Request or Contract Claim shall state in writing and provide evidence that the amounts included cover all of the necessary changes or claims and all of the direct, supplemental, indirect, consequential, and cumulative costs and delays, as applicable, and that those costs and delays would be or were necessarily incurred, despite CONTRACTOR's reasonable, prudent and diligent efforts to mitigate them. 11 .2.3 The CONTRACTOR's Change Request or Contract Claim supporting data shall become due within seven (7) days of receipt of a Change Request or receipt by COUNTY of written notice of Contract Claim and shall remain firm for a period of not less than sixty (60) days from receipt by PROJECT MANAGER of the proposal and supporting data. Any delay in the submittal of Change Request or Contract Claim will not justify or constitute basis for an increase in Contract Price or Contract Time. Contract Claims shall be submitted in the form provided in the Contract Documents. 11.2.4 Failure of CONTRACTOR to comply with the time requirements for written notice or for submittal of supporting data shall be considered a waiver by CONTRACTOR of any Contract Claim for an addition to the Contract Price or an adjustment to the Contract Time and CONTRACTOR agrees that no additional compensation or time adjustments are due if the provisions of these specifications and this Section are not complied with. 11.2.5 Where the change in Contract Price arises from changes in the schedule of all or part of the Work, or where a change in Contract Time is sought, the change request shall be based on a detailed analysis of the CPM Project Schedule, and shall cover all applicable elements affecting the Work involved. 11.2.6 Contract Claims shall cover all aspects of the Work involved, whether relating to deleted, added, revised, or Impacted items of Work. Amounts for Subcontractors or Suppliers at any tier shall be equally supported. 11.2.7 Contract Claims for an adjustment in Contract Price or Contract Time shall not be valid unless submitted in accordance with these specifications. 11.2.8 Contract Claims shall be resolved under the dispute resolution provisions of Chapter 220, Seminole County Purchasing Code & Procedures and the Contract Documents, Seminole County Code or successor provisions. IFB- 600806- 10 /GMG — Term Contract for In -Place Asphalt Recycling N GC -53 11.3 Methods for Determining Adjustments in Contract Price. 11.3.1 The methods to be used to determine an adjustment in Contract Price necessitated by changes ordered and negotiated pursuant to these General Conditions, or a Contract Claim, collectively to be referred to as the "Work involved," are limited to the following: 113.2 Where the Work involved is covered or Is of the same character as Unit Price Work (whether the Work involved is within the Project limits or not), by application of those Unit Prices to the quantities of the items involved (subject to the provisions covering Unit Price Work). No additional allowances or charges shall be added to these Unit Prices. 11.3.3 Where the Work involved is not covered by Unit Prices contained in the Contract Documents, Unit Prices may be negotiated on the basis of costs calculated in accordance with this Section. 113.4 By mutual acceptance of a lump sum price negotiated on the basis of CONTRACTOR's itemized estimate of the anticipated cost of the Work involved, determined as specified in this Section. 11.3.5 Where COUNTY and CONTRACTOR cannot agree on any of the methods described in subsections 11.3.2, 11.3.3, or 11.3.4, COUNTY may direct CONTRACTOR to proceed with the Work involved on the basis of actual costs In accordance with this Section. When the Cost of the Work basis is directed by COUNTY, the COUNTY shall prescribe the required procedures for accounting of the allowed costs. The COUNTY may also authorize this work with an upset limit or not- to -be- exceeded cost estalished. These procedures shall include daily accounting of the labor, material and equipment used and employed. Failure to submit this information for acknowledgement by the PROJECT MANAGER within one day after any part of the Work is performed shall result in any discrepancy between PROJECT MANAGER's records and CONTRACTOR's records being resolved in favor of the PROJECT MANAGER's records. 11.3.6 Where COUNTY and CONTRACTOR cannot agree on any of the methods described in subsections 11.3.2, 11.3.3, or 11.3.4, and the COUNTY does not wish to proceed on a Cost of the Work basis as described in subsection 11.3.5, COUNTY with the advice of PROJECT MANAGER shall determine al reasonable adjustment of the Contract Price for the Work involved on the basis as described in these specifications. The adjustment in Contract Price and Contract Time will be issued by Unilateral Change Order and CONTRACTOR shall be paid on that basis. COUNTY's determination shall be final and binding unless CONTRACTOR delivers to COUNTY written notice of a Contract Claim within seven (7) days of receipt of such Unilateral Change Order. 11.3.7. Where the Work involved is not covered by any of the preceding methods, and when payment is to be determined in any alternative dispute, resolution procedure or by a court of competent. jurisdiction, it is agreed that the actual Cost of the Work method shall be the appropriate method for determining the cost of the Work involved. Labor, equipment, material and other costs will only be allowable when determined from certified payrolls, daily time sheets, material invoices and delivery tickets, equipment logs and rental agreements and the Superintendent's daily log, all of which expressly correlate to the Work involved, were prepared while Work was in progress, clearly listing actual units and usage, and were submitted to PROJECT MANAGER as the Work was performed daily. Costs including, but, not limited to, office overhead and home office overhead of CONTRACTOR or subcontractors of every tier, shall not be derived from the computation of a rate by application of the Eichleay, Allegheny, Burden Fluctuation, total cost, or other similar formula based methodology. 11.3.8 Anticipated or actual costs computed for the Work Involved means the sum of all incremental costs which would be, or actually were, necessarily incurred by CONTRACTOR in the proper performance of the Work. Those costs shall be in amounts no higher than those prevailing in the locality of Seminole County, a political subdivsion of the State of Florida, or as allowed elsewhere in these Contract Documents, and shall include only the appropriate items for labor, material, equipment, and other supplemental and additional casts specified below: IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling M GC -54 11.4 Determining Cost Adjustments to Changes in Contract Price. 11.4.1 The CONTRACTOR shall provide to PROJECT MANAGER proof of any burdens, including insurance costs, added to base wages to determine payroll costs described in this Section. 11.4.1.1 Changes in the Contract Price made on the basis of the methods described in Section 11,3 shall be based upon the following: Payroll costs for craft labor in the direct employ of CONTRACTOR assigned to the site and engaged in furnishing and incorporating materials or equipment in the Work involved. Payroll .costs shall include wages plus the necessary labor burdens, which may Include social security, unemployment, workers compensation insurance, health and retirement benefits, vacation and Holiday pay, and other payments pursuant to union agreements but shall exclude profit sharing, bonuses, and similar remunerations. Labor charges shall be allowed only for hourly labor directly involved in the Work. Such personnel may include working foreman at the site. The cost of all salaried employees shall be considered as a part of Contractor Allowances allowed in this Section. Labor rates shall be as actually paid based on certified payroll records or in accordance with general rates for various pay categories established by union agreements or by mutual agreement between the COUNTY and CONTRACTOR prior to the commencement of the Work. The expenses of performing Work outside of normal Working hours, on weekends or Holidays, shall be included in the above to the extent authorized by COUNTY as set out in the Contract Documents. 11.4.1.2 Payments by CONTRACTOR to Suppliers for all material and equipment in the Work involved, including transportation, delivery, and storage costs and the necessary Suppliers field services for installation, assembly, inspection, testing and start-up All cash deposits shall accrue to COUNTY, if COUNTY advances funds to CONTRACTOR with which to make payments. Ali trade discounts, rebates and refunds and all returns from sale of surplus items shall accrue to COUNTY and CONTRACTOR shall make provisions so that they may be obtained. When required by COUNTY, CONTRACTOR shall obtain competitive bids from Suppliers in order to achieve a reasonable price. When determining material and equipment costs, actual invoices segregating iterns associated with Work Involved shall be the record upon which actual costs shall be based. 11.4.1.3 Payments by CONTRACTOR to Subcontractors for Work involved performed by Subcontractors. When required by the COUNTY, the CONTRACTOR shall obtain competitive detailed bids from Subcontractors in order to achieve a reasonable price. When determining Subcontractor costs at any tier, the Subcontractor's Cost shall be determined in the same manner as CONTRACTOR's costs. All Subcontracts shall be subject to the provisions of this Section insofar as applicable. 11.4.1.4 Costs of field supplies consumed in the performance of the Work involved, and purchase costs of small tools used or consumed in the performance of the Work involved (and purchase cost less market value if used but not consumed) which are individually valued at less than $1,000.00. Consumable shall Include such Items as rags, nails, fasteners, weld rod, gases, lubricants, paper, grout, stakes, power and fuel for tools and equipment, chains, cables, hoses, water, and similar items normally used in the course of the Work. Costs of field supplies will be paid as a percentage of direct labor cost in an amount that shall not exceed the. allowance shown in this Section. 11.4.1.5 The equipment costs required solely in connection with the Work involved reflecting rented or leased or owned equipment costs for individual construction equipment or machinery whose replacement value is in excess of $1,000.00. Transportation, delivery, loading and unloading, installation, dismantling and removal costs shall be included only if such equipment is or was transported to the site solely to perform the Work involved. All equipment costs shall cease when the equipment is no longer necessary to perform the Work involved. Payroll costs for craft labor operating the equipment shall be as in subsection 11.4. The equipment costs shall be computed using the same accounting and estimating rules regardless of whether related to added or deleted Items of Work. 11.4.1.6 Rented or owned equipment at the site, and not in actual use, shall be paid at the rates for rented equipment, or on the basis of fifty percent (50 %) of the rates for owned Equipment, respectively, as specified below. In no event shall the Idle time claimed in a day exceed the established IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling X GC -55 normal Working hours. Payments for idle equipment shall come due only as long as the equipment was idled solely by actions of COUNTY, and provided that the idle period exceeds that normally experienced for such equipment. 11.4.1.7 Except as provided below, for equipment rented or leased, CONTRACTOR shall be entitled to amounts based on negotiated rental or lease rates, but in no event shall the amounts allowed exceed an hourly rate based on the monthly rates, listed in the most current and most appropriate Rental Rate Blue Book (Blue Book) published by Dataquest, Inc. for the area where the Project is located (presently 3 volumes, relating to Equipment of various ages) divided by 176 hours per month. Rates for Equipment not included in the Blue Book shall be interpolated or extrapolated from the information contained therein. In addition to the rental or leasing rate, operating costs shall not exceed the estimated hourly operation rate in the Blue Book. For multiple shift Work, the allowable equipment rate for second or third shifts shall not exceed fifty percent (50 %) of the adjusted base rate. 11.4.1.8 For equipment rented or leased from lessor firms associated with or owned by CONTRACTOR, the CONTRACTOR shall be entitled to reimbursement as though the equipment was owned equipment, as specified below. 11.4.1.9 For equipment owned by CONTRACTOR, the CONTRACTOR shall be entitled to costs based on billings established by his normal accounting practices, but in no event shall those costs exceed the maximum allowable costs for rented or leased equipment. 11.4.1.10 Costs of special consultants, Engineers or Architects who are not employees in the direct employ of CONTRACTOR or any of the Subcontractors or Suppliers, or special Subcontractors; provided that those costs are or were authorized by COUNTY prior to proceeding with the Work involved, and only if their activities are not covered by costs Included under subsection 11.4, or are not excluded by subsection 11.9. 11.4.1.11 Sales, consumer, or similar taxes related to the Work involved, and for which CONTRACTOR is liable, royalty payments, and fees for permits and licenses, any of them related solely to the Work involved. 11.4.1.12 Deposits to be lost for causes other than negligence of the CONTRACTOR, the Subcontractors or anyone directly or indirectly employed by them. 11.4.1.13 Increased costs of premiums for Bonds and Insurance resulting solely because of the Work involved. 11.5 Costs Covered by CONTRACTOR's Allowances. 11.5.1 Except as otherwise specifically provided in subsection . 11 . .9, the Cost of the Work involved shall not include any of the following costs, all of which are considered to be covered by CONTRACTOR's ALLOWANCES: 11.5.2 Payroll costs and other compensation of personnel employed by CONTRACTOR whether at the site or in CONTRACTOR's principal or a branch office for management or administration of the Work, including, but not limited to, (a) CONTRACTOR's officers, executives, principals, general managers, project managers, project engineers, construction managers, estimators, schedulers, detailers, claims consultants, attorneys, auditors, accountants, purchasing and contracting agents, expediters, and (b) resident superintendents, nonworking foremen, field engineers and architects, safety personnel, timekeepers, and clerks. 11.5.3 Expenses of CONTRACTOR's principal, branch and site offices and all field and home office overhead expenses of any nature except as authorized in writing by COUNTY prior to proceeding With the Work involved. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling X GC -56 11.5.4 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work involved and chatges for delinquent payments. 11.5.5 Costs due to the fault or negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to deposits to be lost, costs to correct Defective Work, disposal of Materials or Equipment wrongly supplied and making good any damage to property. 11.5.6 Market value of small tools used but not consumed which remain in the property of CONTRACTOR. 11.5.7 . Costs associated with the preparation of Change Orders (whether or not ultimately authorized by COUNTY), or the preparation or filing of Contract Claims or other claims of any nature. . 11.5.8 Expenses of CONTRACTOR associated with anticipated lost profits or lost revenues, lost income or earnings, lost interest on eamings or unpaid retainage. 11.5.9 Costs derived from the computation of a "home office overhead" rate by application of the Eichleay, Allegheny, Burden Fluctuation, total cost, or other similar formula based methods. 11.5.10 Costs of special consultants or attorneys, whether or not in the direct employ of CONTRACTOR, employed for services specifically related to the resolution of a Contract Claim, dispute, or other matter relating to the acceptability of the Work. 11.5.11 Other administrative expense or contingent costs of any kind, and the costs of any item not specifically and expressly included in Section 11. 11.6 CONTRACTOR ALLOWANCES for Changes to the Work. CONTRACTOR's ALLOWANCES, which includes costs not directly chargeable under this Section, expenses itemized in subsection 11.5, and profit shall not exceed the following percentages of the various portions of the Work involved. The percentages for allowances are specific as to each identified cost element and are not layered or cumulative in effect. No other allowances in addition to these will be allowed. Allowance Allowances for for Cost Element Addifions Deletions CONTRACTOR and Subcontractor labor per subsection 11.4.2.1. exclusive of the premium portion of craft labor 15% (7.5)% CONTRACTOR and Subcontractor Equipment and Materials per subsection 11.4.2.2. ' 15% (7.5)% Subcontractor costs resulting from direct Subagreement with CONTRACTOR per subsection 11.4.2.3. 5% (2.5)% Allowance for small tools and consumable per subsection 11.4.2.4. (percentage of direct labor) 2% 0% IFB- 600806- 10 /GMG -Term Contract for In -Place Asphalt Recycling M GC -57 CONTRACTOR and Subcontractor owned or rented Equipment per subsection 1 1.4.2.5. 15% (7.5)% CONTRACTOR and Subcontractor supplemental costs per subsection 11.4.2.9. premium portion of craft labor costs; and other authorized costs. 0% 0% 11.7 Unit Price Work. 11.7.1 Where the Contract Documents provide for Unit Price Work, the Contract Price stated in the Agreement will include for all Unit Price Work an amount equal to the sum of the Unit Prices for each item of Unit Price Work times the estimated quantity of each item as indicated in the Contract Documents. Each Unit Price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover all costs, including supplemental and administrative costs, and profit. 11.7.2 The CONTRACTOR shall promptly, after becoming aware of, and. before proceeding with any significant quantities of affected Work, notify COUNTY in writing of any additional or reduced quantities for an item of Unit Price Work which will require a twenty percent (20 %) or higher adjustment in the as- awarded quantity for that item or an increase in Contract Price greater than five percent (5%). 11.7.3 The COUNTY reserves the right to notify. CONTRACTOR in writing of any variation in quantities meeting the criteria established in this subsection. 11.7.4 Prior to Final Payment, or before the total amount paid exceeds the established Contract Price, an appropriate Change Order will be issued on the recommendation of PROJECT MANAGER, to adjust the estimated quantities for Unit Price Work and to correspondingly adjust the Contract Price. 11.7.5 If the COUNTY determines that the additional or reduced quantities for an item of Unit Price Work justify an adjustment in the Unit Price, COUNTY shall authorize such an adjustment. No adjustment shall be provided under this subsection unless the variation between actual and estimated quantities for all Unit Price Work result in an increase or decrease in Contract Price by more than ten percent (10 %). If COUNTY determines that the Unit Prices established in the Contract Documents are valid even for the additional. or lower quantities, that decision, shall be final and binding on.CONTRACTOR unless CONTRACTOR delivers to COUNTY written notice of a Contract Claim within 7 days from receipt of such decision, 11.7.6 In re- evaluating Unit Prices contained in the Contract Documents, the CONTRACTOR and COUNTY shall take into account increases or decreases in CONTRACTOR's supplemental and administrative costs for the Performance of the Work solely as a result of the variation in quantities, as opposed to as a result of CONTRACTOR's fault or negligence, or bid estimate errors. 11.8 Cash Allowances. It is understood that when cash allowances are named in the Contract Documents CONTRACTOR has included in the Contract Price all allowances so named. CONTRACTOR shall cause the Work so covered to be within the limit of the allowances set forth in the Contract Documents. Upon Final Payment, the Contract Price shall be adjusted as required and an appropriate Change Order issued. CONTRACTOR agrees that the original Contract Price includes such sums as the CONTRACTOR deems proper for costs and profit on account of cash allowances. No demand for additional cost or profit in connection therewith will be valid. IFB- 600806- 10IGMG - Term Contract for In -Place Asphalt Recycling GC -58 11.9 Criteria for Determining Adjustments In Contract Time. 11.9.1 The criteria to be used to determine an adjustment in Contract. Time necessitated by changes ordered or negotiated pursuant to these General Conditions or a Contract Claim, are limited to the following: 11.9.2 An extension in Contract Time will not be granted unless CONTRACTOR can demonstrate through an analysis of the CPM Project Schedule that the increases in the time to complete the Work, or specked part of the Work, beyond the corresponding Contract Time(s) arise from unforeseeable causes beyond the control and without the fault or negligence of both CONTRACTOR and his Subcontractors, Suppliers or other persons or organizations, and that such causes in fact lead to performance or completion of the Work, or specified part in question, beyond the corresponding Contract Time. An adjustment in Contract Time will be based solely upon net increases in the time required for the performance or completion of parts of the Work controlling achievement of the corresponding Contract Times) at the time that the incident which causes the change occurs. However, even if the time required for the performance or completion of controlling work items of the Work is extended, an extension in Contract Time will not be granted until performance or completion of the controlling work items necessarily extends beyond the Contract Time in question despite CONTRACTOR's reasonable and diligent actions to guard against those effects. Examples of unforeseeable causes include: (1) acts of God or of the public enemy; (2) acts of COUNTY or PROJECT MANAGER in its sovereign or contractual capacity; (3) acts of the Government or another Public Entity in its sovereign capacity; (4) acts of another contractor in the performance of a contract with the COUNTY, if not identified in the Contract; (5) fires, floods, epidemics, quarantine restrictions; (6) sink holes, archaeological finds; (7) strikes, freight embargoes; (8) hurricanes, tornadoes or unusually severe weather; (9) a case of differing physical conditions; and (10) unusually severe shortages of construction materials from such causes as area -wide shortages; an industry-wide strike, or a natural disaster which affects all feasible sources of supply. 11.9.3 Notwithstanding any provisions in the Contract Documents to the contrary, an extension of Contract Time shall be the sole remedy of CONTRACTOR for any delay of any kind. The COUNTY's exercise of any of its rights under Section 10 and this Section regardless of the extent or number of the changes, or the COUNTY's exercise of its remedies of stopping the Work or requiring correction or re- execution of any defective Work shall not under any circumstances be construed as active or intentional interference with the CONTRACTOR's performance of the Work. 11.10 Waivers. The CONTRACTOR expressly waives recovery (1) of acceleration costs incurred as an alternative to an extension in Contract Time on account of delays not meeting the requirements for extensions In Contract Time or an adjustment in Contract Price; (2) of escalation costs for any part of the Work; and, (3) of any Contract Claim for an addition to the Contract Price when the CONTRACTOR fails to comply with the time requirements for notice or submittal of supporting data under these Contract Documents. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -59 SECTION 12 - SCHEDULES 12.1 Schedules. 12.1.1 Types of Schedules 12.1.1.1 Project Schedule a) Work Activites - The significant events of the Project. All significant work activities must be identified in sufficient detail to track work activity progress towards completion and consequentially, the completion of the Project. 'b) Start Date and Finish Date - The dates a work activity will begin and will be completed. c) Duration - The length of time it takes for a work activity to be completed, from Start Date to Finish Date. d) Sequence - The order in which a group of work activites must be completed. This includes work activites that are done concurrently (at the same time), sequentially (must finish one before starting the next) or overlap (may start one before finishing the other). e) Critical Path - The complete sequence of work activites whose accumulative duration determines the length of time needed to complete the entire Project from NTP to Final Completion. In addition, the Date of Substantial Completion is typically 30 days before the Final Completion and should be considered as a critical path item that should be accomplished on schedule. Liquidated Damages can accumulate for each day in delinquence of reaching a certified Date of Substantial Completion from the Architect. f) Critical Path Items - The work activites on the Critical Path. g) Controlling Work Items - Those activities that are either critical path or indirectly influences the critical path. Such as a controlling work item provided by the Owner. h) Float Time - The duration of a work activity that is not on the Critical Path which could be delayed without affecting the date of Substantial Completion. Time and conditions for Float Time shall be clearly established in the Contract Documents. 12.1.1.1.2 CONTRACTOR shall prepare and submit for ARCHITECT's review a time scaled Project Schedule with a Critical Path (CPM). The Project Schedule shall show the sequence in which CONTRACTOR proposes to accomplish the Work including, but, not limited to procurement and delivery of materials and equipment, expected durations for RFI and Shop Drawing Reviews, expected durations for utility coordinations, permit approvals and provisions for the work of others. The Project Schedule shall clearly depict the order, interdependence, duration, and installation man -days by craft of each Work activity: The Project Schedule shall show all of the Work activities to be completed and the accumulative duration of the Critical Path leading to each Substantial and Final Completion. Beginning with the Notice To Proceed (NTP) and ending with the date of Final Completion, the duration of the Project Schedule's Critical Path shall comply with the Contract Time and shall meet the Contract Agreement's Substantial and Final Completion requirements. The float time for each Work activity not on the Critical Path shall be depicted. At a minimum, the Project Schedule shall be submitted in a digital format acceptable to the Owner, such as Microsoft Project or an equivalent. All project scheduling software shall be approved by the PROJECT MANAGER before schedule submittal. The Project Schedule breakdown shall be by divisions of Work subdivided into areas or facilities in sufficient detail so that ARCHITECT may readily evaluate CONTRACTOR's progress at any given time during the Project and shall be arranged and itemized so ARCHITECT can evaluate CONTRACTOR'S requests for progress payments. 12.1.1.1.3 CONTRACTOR shall include in the Project Schedule Work activites clearly showing sufficient time for CONTRACTOR's coordination of all utility work at, or adjacent to, the Project site. These Work activites apply to all utility work at the site; including all locate services, connections to existing utilities, demolition, removal, re- locations and adjustments (temporary and IFB- 600806- 10 /GMG - Term Contract. for In -Place Asphalt Recycling 1040. - 1: permanent) regardless of whether the work is performed by CONTRACTOR, the COUNTY's own forces or by others. The CONTRACTOR shall assign reasonable and realistic start and finish dates to utility relocation work activites and must include a mandatory 30 days minimum float time. The 30 days of float time for utility relocations must be clearly depicted on the Project Schedule. The COUNTY will not consider any Contract Time extensions related to utility coordination matters unless the utility related delays exceed the thirty (30) Days float time and extend the Critical Path of the Project Schedule. 12.1.1.1.4. The CONTRACTOR shall include in the Project Schedule sufficient time for Architectural or Engineering review of Shop Drawings and RFI's. 12.1.1.1.5 Shop Drawino Schedule: CONTRACTOR shall prepare and submit to ARCHITECT and PROJECT MANAGER for review, a schedule of Shop Drawing and sample submissions. This schedule shall consist of a list of the submittals to be made over the course of the Project; anticipated and actual dates of submittal and return for both initial and resubmissions; and the anticipated dates of submittal approval so as not to delay the Project. The schedule shall allow for review and processing time by the Architect, the Engineers and the COUNTY. 12.1.1.1.6 Manpower /Cash Flow Schedule: CONTRACTOR shall prepare and submit to PROJECT MANAGER for review with the Project Schedule, manpower charts and cash flow Projections contemplated or required by the schedule in a form acceptable to PROJECT MANAGER. Updated plan and actual expended manpower charts and cash flow Projections shall be submitted with each monthly or interim Project Schedule submission. 12.1.1.1.7 Schedule of Values: For all lump sum contracts or as needed CONTRACTOR shall prepare and submit to PROJECT MANAGER for review a schedule of values to describe itemized costs before work begins. 12.1.2 Submittals. 12.1.2.1 CONTRACTOR shall submit to the ARCHITECT and the PROJECT MANAGER at the Pre - Construction Meeting a Preliminary Project Schedule and a Schedule of Values for general review. 12.1.2.2 CONTRACTOR shall submit to the ARCHITECT and the PROJECT MANAGER for acceptance and approval the CPM Project Schedule within five (5) days of the Date of Notice To Proceed. 12.1.2.3 CONTRACTOR shall depict on the CPM Project Schedule, the actual progress on a monthly basis and at such intervals as requested by the PROJECT MANAGER OR ARCHITECT and shall deliver to ARCHITECT five (5) copies of the schedule documentation and a digitally formated version on CD. 12.1.2.4 Updated CPM Project Schedules are to be submitted with each Application for Payment. An Application for Payment shall not be paid until the schedule submittal, including cash flow projections, and any requested corrections or clarifications have been accepted by ARCHITECT OF RECORD for inclusion into the Application for Payment. If additional updated schedules are requested by the Architect or the Engineers more frequently, they are to be provided within three (3) days of the date of request, but do not constitute permission to submit additional Applications for Payment. 12.1.3 Review. 12.1.3.1 The CONTRACTOR shall submit all project schedules that are accompanied With an Application of Payment to the Architect for review. If, in the opinion of the Architect, the project schedule (1) does not accurately reflect CONTRACTOR's actual construction progress or, (2) is unreasonable or cannot be used to effectively evaluate the CONTRACTOR's progress or, (3) is not in compliance with this Section and other appropriate sections of the Contract Documents, it will be returned IFB- 600806- 10 /GMG — Term Contract for In -Place Asphalt Recycling M GC -61 to CONTRACTOR for corrections or clarification. The CONTRACTOR shall make the necessary corrections and resubmit or shall respond in detail to the Architect's comments immediately, and request that the submittal be accepted without modification. Failure by the CONTRACTOR to provide corrections or clarifications to schedule submittals as directed by Architect or the Project Manager shall constitute reason to withhold or delay approval of any Application for Payment. 12.1.3.2 The Architect's review of schedule submittals shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has, in writing, called COUNTY's attention to each such variation at the time of submission and COUNTY has given written approval of each such variation; nor shall any approval by COUNTY or the ARCHITECT of RECORD relieve CONTRACTOR from responsibility for compliance with any provision of the Contract Documents. 12.1.4 The Contract Time establishes the start and completion of the Work period and the Work duration is the measurement of time from which the COUNTY expects the Work to be performed. Any schedule which shows completion ahead of the Contract Time shall include additional detailed supporting data to explain the basis of the shorter time for performance. Submission by the CONTRACTOR of any Schedule or Contractors Claim indicating completion ahead of schedule shall not constitute an adjustment in Contract Time; however, CONTRACTOR may complete the Work ahead of the Contract Time and close out the Work as provided in the Contract Documents. The increased schedule flexibility represented in the shorter schedule shall allow the use of the increased schedule flexibility by the COUNTY. In any case, the COUNTY shall not consider nor be responsible for any costs, risks, liabilities or obligations, actual or anticipated, resulting from any delay or acceleration to CONTRACTOR's schedule that prevents completion of any part or all of the Work according to the agreed upon Contract Time and Date of Substantial Completion; nor shall the COUNTY be obligated to Incur any additional costs or expenses for administrative, architectural, engineering or inspection related work regarding the CONTRACTOR's voluntary accelerated Work. No Contractor's Claim for Contract Time or Contract Price shall be considered nor compensated to the CONTRACTOR for any County or Architect of Record's delay, disruption,. interference, inefficiency, constructive acceleration or other time impacts prior to the original or current agreed upon Contract Time for Substantial or Final Completion of the Work. 12.1.5 It is understood that revisions in the schedule are inherent in the nature of construction. This may require that changes be made in the schedule to reflect the dynamic nature of the design and the Work. Actions by COUNTY, PROJECT MANAGER or ARCHITECT OF RECORD, that may affect the progress of any part or all of the Work shall make use of the flexibility in the Project Schedule, often expressed as schedule float time, and that which may result from changes in the sequencing of individual Work items, to limit the impact of such actions. The flexibility in the Project Schedule shall not be limited by the inclusion of restraints, logic or imposed dates into the schedule that cannot be reasonably justified. Float time is defined as the amount of time between the early start date and the late start date or the early finish date and'the late finish date of any of the activities on the Project Schedule. Positive float time is for the exclusive use or benefit of COUNTY. Positive float time is owned and belongs to the COUNTY and must be used in.the best interest of the public to assure timely completion of the Work. Therefore, any float time shall be used to the maximum extent possible to offset: (1) unexpected delays which occur in connection with the Work; (2) acts of God; and (3) change actions initiated by the COUNTY including, but not limited to, unilateral Change Orders and acceleration orders. 12.1.6 After Substantial Completion, but prior to Final Payment, CONTRACTOR shall submit an as -built schedule. The schedule shall reflect (1) all as -built critical paths, (2) all contract activities, including all added activities, with their actual start and finish dates, (3) the actual number of separate Work days during which Work was performed on each activity, and (4) the actual number of man -days that were required to complete each activity. 12.1.7 It is expressly agreed that CONTRACTOR shall not be entitled to damages for any type of delay or acceleration whatsoever under any circumstances; and the CONTRACTOR expressly waives any increase in Contract Price or damages of any type on account of time impacts to the Project Schedule including, but not limited to, Contract Claims for delay, acceleration, disruption, suspension, IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -62 interference and inefficiency. It is further expressly agreed that the exclusive remedy for time impacts to the Project Schedule including, but not limited to, Contract Claims for delay, acceleration, disruption, suspension, interference and inefficiency, will consist of Contract Time extensions under the terms of the Contract Documents and will exclude the CONTRACTOR's right to recover any monetary damages of any nature from COUNTY. The parties agree that this no damages for delay clause applies to all damages or claims that may arise because of delay or acceleration of any nature experienced by CONTRACTOR, no matter how caused, because of acts or omissions of the COUNTY, the presence and operations of the COUNTY performing work with its forces, the work of utility contractors, utility agencies or the work of others at the Project site; the COUNTY assumes no direct or vicarious liability for any losses and expenses incurred by the CONTRACTOR. In the event that this subsection is found by a court of competent jurisdiction to be void or inapplicable, then CONTRACTOR shall compute all damage claims as provided in these General Conditions. 12.1.8 Delays of Subcontractors, suppliers, materiaimen, or others selected by CONTRACTOR or CONTRACTOR's Subcontractors, without regard to the tier or privity of contract between the CONTRACTOR and CONTRACTOR's Subcontractors, shall not be excusable to the CONTRACTOR and shall not be the basis of a Contract Claim for Contract Time or Contract Price by CONTRACTOR. IF &600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -63 SECTION 13 - WARRANTY AND GUARANTEE, TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Warranty and Guarantee. CONTRACTOR warrants and guarantees that all Work will be in accordance with the Contract Documents and will not be Defective. All Defective work, whether or not in place, may be rejected, corrected or accepted as provided in this Section. The obligations of CONTRACTOR under this subsection shall be in addition to and not in limitation of any obligation imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by Laws or Regulations. 13.2 Access to Work. COUNTY, PROJECT MANAGER, ARCHITECT OF RECORD, their representatives, testing agencies and governmental entities with jurisdiction shall be permitted access to the Work for their observation, inspection and testing. CONTRACTOR shall provide proper and safe conditions for such access_ 13.3 Tests and Inspections. 13.3.1 CONTRACTOR shall give PROJECT MANAGER timely notice of readiness of the Work for all required inspections, tests or approvals. Inspections, tests or observations by PROJECT MANAGER, ARCHITECT OF RECORD, COUNTY or their agents may be performed at their discretion to provide information to the COUNTY on the progress of the Work. However, such information is not intended to fulfill the CONTRACTOR's obligations in accordance with the Contract Documents. 13.3.2 If any law, ordinance, rule, regulation, code or order of any public body, government entity or court having jurisdiction requires any Work (or part thereof) to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore, pay all related costs, .schedule related activities at appropriate times, and fumish PROJECT MANAGER the required certificates of inspection, testing or approval. CONTRACTOR shall also be responsible for and shall pay all costs, in connection with any inspection or testing required in connection with COUNTY's or PROJECT MANAGER's acceptance of a proposed manufacturer, fabricator, supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of material or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation of the Work. All inspections, tests or approvals shall be performed by persons or organizations acceptable to COUNTY and PROJECT MANAGER. 13.3.3 The CONTRACTOR shall perform sufficient testing and inspection of the Work to support the Warranty and Guaranty requirements. 13.3.4 Neither observations by PROJECT MANAGER or COUNTY nor inspections, -tests or approvals by others shall relieve CONTRACTOR from his obligations to perform the Work in accordance with the Contract Documents and Building Code Requirements. 13.3.5 If any testing, inspection or approval under this subsection reveal Defective Work, CONTRACTOR shall not be allowed to receive any associated costs and COUNTY shall be entitled to deduct from the Contract Price, by issuing a Change Order, COUNTY's costs arising out of the Defective Work, Including costs of repeated procedures, compensation for PROJECT MANAGER's and ARCHITECT OF RECORD's services and other related costs. 13A Uncovering Work. 1 . 3.4.1 If any Work that is to be inspected, tested or approved is covered without written concurrence of PROJECT MANAGER, it must, if requested by PROJECT MANAGER, be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense and will exclude the right to an increase in the Contract Price or Contract Time unless CONTRACTOR has given PROJECT MANAGER timely written notice of CONTRACTOR's intention to cover such Work and PROJECT MANAGER has not acted with reasonable promptness in response to such notice. IFB- 600806- 10 /GMG -Term Contract for In -Place Asphalt Recycling W GC -64 13.4.2 If PROJECT MANAGER considers it necessary or advisable that covered Work be observed by PROJECT MANAGER or inspected or tested by others, CONTRACTOR, at PROJECT MANAGER 's request, shall uncover, expose or otherwise make available for observation, inspection or testing as PROJECT MANAGER may require, that portion of the Work in question, furnishing all necessary labor, Material and Equipment. If it is found that such Work is Defective, CONTRACTOR shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfacto- ry reconstructioh, including compensation for additional professional services, any additional expenses experienced by the COUNTY due to delays to others performing additional Work, other contractual obligations, and attorneys' fees and COUNTY shall be entitled to issue an appropriate deductive Change Order. CONTRACTOR shall further bear the responsibility for maintaining the schedule and will not be allowed an increase in Contract Price or Contract Time due to the uncovering. If, however, such Work is not found to be Defective, and subsection 13.4.1 is not applicable, CONTRACTOR shall be allowed an increase in the Contract Price or the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing and reconstruction if it makes a Contract Claim therefor as provided in these specifications. 13.5 Correction or Removal of Defective Work. CONTRACTOR shall promptly, without cost to COUNTY and as specified by PROJECT MANAGER , either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by PROJECT MANAGER, remove it from the site and replace it with conforming Work. The CONTRACTOR shall bear the cost of repairing or replacing all Work and property of the COUNTY or others destroyed or damaged or in any way impacted by such correction or removal. 13.6 Acceptance of Defective Work. If, instead of requiring correction or removal and replacement of Defective Work, COUNTY prefers to accept it, COUNTY may do so. In such case, if acceptance occurs prior to Final Payment, COUNTY shall be entitled to issue a Change Order incorporating the necessary revisions in the Contract Documents, including appropriate reduction in the Contract Price. If the acceptance occurs after such Final Payment, an appropriate amount shall be paid by CONTRACTOR to COUNTY. 13.7 COUNTY May Correct Defective Work. If CONTRACTOR fails within a reasonable time after written notice of PROJECT MANAGER to correct Defective Work or to remove and replace rejected Work as required by PROJECT MANAGER in accordance with this Section, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including any requirements of the Progress Schedule), COUNTY may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency. In exercising its rights under this subsection COUNTY shall proceed with reasonable promptness. To the extent necessary to complete corrective and remedial action, COUNTY may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which COUNTY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow COUNTY, COUNTY's representatives, agents and employees such access to the site as may be necessary to enable COUNTY to exercise its rights under this subsection. All direct and indirect costs of COUNTY in exercising such rights shall be charged against CONTRACTOR in an amount documented by COUNTY, and COUNTY will be entitled to issue a Change Order incorporating the necessary revisions in the Contract Documents and a reduction in the Contract Price. Such direct and indirect costs shall Include, in particular but without limitation, all corrective or replacement costs, compensation for additional professional services required and all costs of repair and replacement of property of others destroyed, impacted or damaged by correction, removal or replacement of CONTRACTOR's Defective Work. CONTRACTOR shall not be allowed an increase in the Contract Price or the Contract Time because of any delay in the performance of the Work attributable to the exercise by COUNTY of COUNTY's rights hereunder. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -65 13.8 Warranty Period. 118.1 The Warranty Period shall commence on the date of Final Completion of the entire Work, or a later date if so specified in the Contract Documents , and extend until two (2) years after that date (or whatever longer period may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee or specific provision of the Contract Documents.) 13.8.2 If within the designated Warranty Period, the Work, or any -part of the Work, is discovered to ' be Defective, CONTRACTOR shall promptly, without an adjustment in Contract Pace and in accordance with COUNTY's or PROJECT MANAGER's written instructions, either correct that Defective Work, or if it has been rejected by COUNTY or PROJECT MANAGER , remove it from the site and replace it with non - Defective Work. If circumstances warrant it including, but not limited to, in an emergency, COUNTY may have the defective Work corrected or the rejected Work removed and replaced. In that event, CONTRACTOR shall not be allowed to recover any associated costs, and he shall reimburse COUNTY for all direct, indirect and consequential costs of COUNTY, or COUNTY shall be entitled to issue a Change Order to incorporate an appropriate decrease in Contract Price if prior to Final Payment. COUNTY shall reserve and retain all of its rights and remedies at law and equity against CONTRACTOR and its Surety for damages and for corrections of any and all latent defects, 13.9 Extended.Warranties and Guarantees. 13.9.1 COUNTY may at Its sole discretion advance or defer the date of commencement of the Warranty Period, in which case CONTRACTOR shall maintain the warranties and guarantees in full force and effect until the revised date for commencement of the Warranty Period. If such advancement or deferral in the date for commencement of the Warranty Period causes an increase or decrease in the cost of the warranties and guarantees provided by CONTRACTOR, COUNTY shall make an adjustment in Contract Price or Contract Time, as provided in Sections 10 and 11. 13.9.2 When COUNTY undertakes partial utilization of a portion of the Work which was specifically identified in the Contract Documents, CONTRACTOR shall maintain the warranties and guarantees in full force and effect during the period between the applicable commencement of partial utilization date, and the date of commencement of the Warranty Period, and for such warranties and guarantees CONTRACTOR shall receive no adjustment in Contract Price. 13.9.3 When CONTRACTOR fails to complete the Work or a separable portion of the Work within the corresponding Contract Time, including any authorized adjustments and COUNTY undertakes partial utilization, CONTRACTOR shall maintain the warranties and guarantees in full force and effect during the period between the applicable commencement of partial utilization .date, and the date of commencement of the Warranty Period, and for such warranties and guarantees CONTRACTOR shall receive no adjustment in Contract Price. 13.10 Special Maintenance Requirements. In special circumstances where the Work, or a designated part, reaches Substantial Completion, but as provided in the Contract Documents, is not placed in continuous service until the commencement of the Warranty Period, CONTRACTOR shall maintain the Work, or designated part, in good order and in proper Working condition, provide suitable drainage, 'and take all other actions as are necessary for its protection during the period between the applicable Substantial Completion date and the date of commencement of the Warranty Period, and for such maintenance CONTRACTOR shall receive no adjustment in Contract Price. In the event that Work suffers loss or damage, however caused, CONTRACTOR shall rebuild, repair, restore, and make good without an increase in Contract Price all losses or damages to any portion of any Work and shall without an increase in Contract Price provide suitable drainage and erect such temporary structures and take all other actions as are necessary for its protection. Suspension of Work or the granting of an extension in Contract Time for any cause shall not relieve CONTRACTOR of his responsibility for the Work, or designated part, as specified in this subsection. IFB- 600806- 101GMG -Term Contract for In -Place Asphalt Recycling GC -66 13.11 Extended Warranty Period Due to Defective Work. Any Defective Work that is either corrected, accepted, or rejected and replaced will be warranted and guaranteed for a period of two (2) years from the date of such correction, acceptance, or removal and replacement, even if it had previously been corrected, accepted or replaced, in accordance with the provisions of this Section 13. If within such extended Warranty Period, that Work is once again found to be Defective, COUNTY shall be entitled to all of COUNTY's rights and remedies under this Section. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -67 SECTION 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Submittals. The Contractor will not be entitled to receive a Progress Payment until the following are submitted and approved by the PROJECT MANAGER: a) Application for Payment w /requested backup as needed. b) Signed Certificate of Payment from Architect of Record. c) Signed and Sealed As -Built Survey of work constructed or installed during pay period by a Florida Registered Professional Survyor and Mapper. d) Updated and current CPM Project Schedule for pay period. On each Application for Payment, the CONTRACTOR shall (1) list the name and address of each of its Subcontractors and Suppliers who have performed Work or provided supplies or material during the time period of Work reflected by the Application; (2) submit certified payroll sheets for his own forces and all Subcontractors for the month preceding this application; and, (3) submit a monthly cash flow projections for the Project. Additional items that may be requested along with the Application for Payment are the following: partial releases of liens, contractor material tickets, invoices for services or purchases, record drawings, surveyor's notes and contractor daily logs or reports. 14.2 Application for Payment. Not later than the First of each month, the CONTRACTOR shall meet with the ARCHITECT and the PROJECT MANAGER to agree on quantities of Work completed and to review and approve the draft copy of the Application for Payment and the materials on site for the previous month. Using the agreed upon figures, the CONTRACTOR shall generate the Application for Payment and deliver it to the ARCHITECT for a signed Certificate of Payment. The CONTRACTOR then, shall submit the signed Application for Payment and Certificate of Payment to the Seminole County Finance Department for processing and submit the As -Built Survey and the CPM Project Schedule to the PROJECT MANAGER accompanied by any additional supporting documentation as requested. 14.2.1 After the first Application for Payment, CONTRACTOR shall include an affidavit stating that all previous progress payments received on account of the Work have been applied (1) to discharge CONTRACTOR's obligations and (2) to pay in full (less retainage) all amounts owed to its Subcontractors and Suppliers reflected in prior Applications for Payment. The CONTRACTOR shall on the Application for Payment form note and explain when it has not discharged its obligations or paid in full (less retainage) all amounts owed as stated above. 14.2.2 The CONTRACTOR shall submit partial releases of liens from Subcontractors and Suppliers in a form satisfactory to the COUNTY, prior to processing any Pay Applications. 14.2.3 Neither COUNTY or PROJECT MANAGER is under any duty or obligation whatsoever to any Subcontractor, Supplier, laborer or any other party to ensure that payments due and owing by CONTRACTOR to any of them are or will be made. 14.3 Stored Materials. 14.3.1 COUNTY may, at its sole option, pay an amount equal to ninety percent (90 %) of the value of materials and equipment not incorporated into the Work but delivered and suitably stored in a secured condition, less in each case the aggregate of payments previously made. In no event shall payments for materials and equipment stored on site exceed ninety percent (90 %) of the value of the related cost for the specific item of Work shown in the schedule of values regardless of the stated value of the Material or Equipment. The COUNTY may, at its sole option, pay an amount equal to ninety percent (90 %) of the value of materials and equipment not incorporated into the Work and stored off site. When payment to CONTRACTOR is made for stored material and equipment, CONTRACTOR shall submit invoices marked paid by the Supplier with the Application for Payment following payment to CONTRACTOR documenting that CONTRACTOR has paid for said materials and equipment or the previously paid amount shall be deducted from remaining payments or retainage for stored Materials and Equipment not so properly documented. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -68 14.3.2 If payment is requested on the basis of materials and equipment not incorporated into the Work but delivered and suitably stored at the site in a secured condition or at a bonded warehouse, the Application for Payment shall be accompanied by such data, satisfactory to COUNTY, as will establish COUNTY's title to the material and equipment and protect COUNTY's interest therein, including applicable insurance. In no event shall the quantity of material and equipment submitted for payment be in excess of the actual final installed quantity. COUNTY may deduct from the final Application for Payment amounts paid CONTRACTOR for material and equipment not finally installed in the Work. 14.3.3 If payment is requested on the basis of materials and equipment not incorporated into the Work but stored off site, the CONTRACTOR shall store all off site Materials and Equipment in a bonded and insured warehouse. The shipping yards of manufacturers or suppliers are not suitable off site storage sites. COUNTY shall be named on insurance as sole beneficiary. 14.3.4 Without limitation, the CONTRACTOR shall assume all risk of loss and be solely responsible for all stored materials and equipment on -site, off-site stored in bonded warehouses including, but not limited to, stored materials paid under prior Applications For Payment. 14.4 CONTRACTOR's Warranty of Title. The CONTRACTOR warrants and guarantees that title to all Work, Materials and Equipment covered by any Application for Payment, whether incorporated in the Project or not will pass to COUNTY at the time of payment free and clear of all liens, claims, security interests and encumbrances (hereafter referred to as "Liens "). 14.5 Review and Payment. 14.5.1 PROJECT MANAGER must approve all 'draft' Applications For Payment prior to Contractor's submission to the Seminole County Finance Department and prior to recommendation of payment to Contractor by the COUNTY. Applications For Payment shall be processed in accordance with "Florida Prompt Payment Act" when received by the Seminole County Finance Department. 14.5.2 PROJECT MANAGER's recommendation of any payment requested in an Application for Payment will constitute a representation by PROJECT MANAGER to COUNTY, based on on -site observations of the Work in progress and on PROJECT MANAGER's review of the Application for Payment and the accompanying data and schedules, that the Work has progressed to the point indicated; that to the best of PROJECT MANAGER's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project prior to or upon Substantial Completion; to the results of any subsequent tests called for in the Contract Documents; or to any qualifications stated in the recommendation) and that CONTRACTOR is entitled to payment of the amount recommended. However, by recommending any such payment, PROJECT MANAGER will not thereby be deemed to have represented that any examination has been made to ascertain how or for what purpose CONTRACTOR has used the 'monies paid or to be paid to CONTRACTOR on account of the Contract Price, or that title to any Work, Materials or Equipment has passed to COUNTY free and clear of any lien. 14.5.3 PROJECT MANAGER may refuse to recommend the whole or any part of any payment if, in its opinion, it would be incorrect to make such representations to COUNTY. PROJECT MANAGER may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended to such extent as may be necessary in PROJECT MANAGER's opinion to protect COUNTY from loss or anticipated loss because: (1) the Work is Defective, or completed Work has been damaged requiring correction or replacement or, (2) written Contract Claims have been made against COUNTY or Liens have been filed in connection with the Work or, (3) the Contract Price has been reduced because of Change Order or, (4) COUNTY has been required to correct Defective Work or complete the Work or, (5) of CONTRACTOR's unsatisfactory prosecution of the Work in accordance with the Contract Documents or, (6) of CONTRACTOR's failure to make payment to Subcontractors, Suppliers or for labor,or (7) of CONTRACTOR's failure to provide acceptable schedule submittals for inclusion into the Application for IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -69 Payment or, (8) of CONTRACTOR's failure to properly maintain and submit with Application for Payment Record Documents. 14.6 Retainage. 14.6.1 The value of each Application for Payment shall be equal to the total value of the Work performed to date, less an amount retained in accordance with Chapter 255.078, "Public Construction Retainage" and Chapter 218.735, Part VIi "Florida Prompt Payment Act", and less payments previously made and amounts withheld in accordance with the Contract Documents. 14.6.2 Retainage under the Contract Documents is held by COUNTY as collateral security to assure completion of the Work. 14.7 Overpayment. Any overpayment by COUNTY to CONTRACTOR shall be promptly repaid to COUNTY upon demand. 14.8 Final Application for Payment. 14.8.1 After CONTRACTOR has completed all corrections to the satisfaction of COUNTY and PROJECT MANAGER as verified by Final Inspection and delivered all maintenance and operating instructions, schedules, guarantees, warranties, Bonds, certificates of inspection, marked -up record documents, as -built surveys, and other documents, all as required by the Contract Documents and acceptable to COUNTY, and after PROJECT MANAGER has indicated that Work is acceptable, CONTRACTOR may make application for Final Payment following the procedure for Applications for Payment. 14.8.2 The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents and such other data and schedules as PROJECT MANAGER may reasonably require, together with complete and legally effective releases or waiver (satisfactory to COUNTY) of all Liens and Contract Claims arising out of or filed in connection with the Work. in lieu thereof and as approved by COUNTY, CONTRACTOR may furnish receipts or releases in full with an affidavit certifying that the releases and receipts include all labor, services, Material and Equipment for which a Lien or Contract Claim could be filed, and that all payrolls, Material and Equipment bills and other indebtedness in connection with the Work for which COUNTY might in any way be responsible, have been paid or otherwise satisfied. COUNTY shall require consent of the Surety to Final Payment. 14.9 Final Payment and Acceptance. 14.9.1 If, on the basis of PROJECT MANAGER's observations of the Work during construction and Final Inspection, and PROJECT MANAGER's review of the final Application for Payment and accompanying documentation all as required by the Contract Documents, PROJECT MANAGER is satisfied that the Work has been completed and CONTRACTOR has fulfilled all of its obligations under the Contract Documents, PROJECT MANAGER will, within twenty days after receipt of the final Application for Payment, indicate in writing its recommendation of payment and present the Application to COUNTY for payment. Thereupon PROJECT MANAGER will give written notice to COUNTY and CONTRACTOR that the Work is acceptable and that all documents required for the close -out of the project have been reviewed and approved by the PROJECT MANAGER. Otherwise, PROJECT MANAGER will return the Application to CONTRACTOR, indicating in writing the reasons for refusing to recommend Final Payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application. If the Application and accompanying documentation are appropriate as to form and substance; COUNTY shall, within twenty days after receipt from PROJECT MANAGER, pay CONTRACTOR the amount due giving consideration to the recommendations of PROJECT MANAGER, but not being bound thereby. 14.9.2 After receipt of the PROJECT MANAGER 's written notice that the Work is acceptable and prior to Final Payment, CONTRACTOR shall submit an affidavit, in a form acceptable to COUNTY, IFB- 600806- 10 /GMG —Term Contract for In -Place Asphalt Recycling GC -70 certifying that the Bonds and insurances required under Section 5 are in effect and will not be allowed to expire for the required period of time. 14.10 Waiver of Claims. 14.10.1 The making and acceptance of Final Payment shall constitute: 14,10.2 A waiver of all claims by COUNTY against CONTRACTOR, except claims arising from unsettled liens, from Defective Work appearing after final inspection, from fraud or gross negligence or from failure to comply with the Contract Documents or the terms of any special guarantees specified therein or the terms of any Bonds; however, it shall not constitute a waiver by COUNTY of any rights with respect to CONTRACTOR's continuing obligations under the Contract Documents; and 14.10.3 A waiver of all Contract Claims, requests for equitable adjustment or claims of any nature by CONTRACTOR against COUNTY, PROJECT MANAGER, and ARCHITECT OF RECORD. 14.11 COUNTY's Obligations. 14.11.1 In no event shall any interest be due and payable to CONTRACTOR on any of the sums retained by COUNTY pursuant to any of the terms or provisions of any of the Contract Documents. 14.11.2 Any provision'to the contrary notwithstanding, COUNTY shall not be obligated to make any payment to CONTRACTOR and may withhold partial payments if any one or more of the following conditions exists: (1) COUNTY has reason to believe CONTRACTOR is in default of any of its obligations or otherwise is In default under any of the Contract Documents; (2) Any part of such payment is attributable to Work which is Defective; (3)' CONTRACTOR has failed to make payments promptly to Subcontractors and Suppliers or for labor and Material for which COUNTY has made payment to CONTRACTOR; (4) If COUNTY, in its good faith judgment, determines that the portion of the Contract Price remaining unpaid will not be sufficient to complete the Work in accordance with the Contract Documents; (5) CONTRACTOR has failed to maintain progress of the Work in accordance with the Progress Schedule or CONTRACTOR has failed to meet an interim completion date or the Substantial or Final Completion Date. 14.12 Partial Utilization. 14.12.1 Use by COUNTY of completed portions of the Work may be accomplished at the option of COUNTY prior to Substantial Completion of all the Work subject to the following: 14.12.1.1 COUNTY at any time. may request CONTRACTOR in writing to permit. COUNTY to use any part of the Work which COUNTY believes to be substantially complete and which may be so used without significant interference with construction of the other parts of the Work. If CONTRACTOR agrees, CONTRACTOR shall certify to COUNTY that said part of the Work is substantially complete and request ARCHITECT to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify COUNTY and PROJECT MANAGER in writing when CONTRACTOR considers that a portion of the Work which has been identified in the Contract Documents as eligible for Partial Utilization is substantially complete. Within a reasonable time thereafter, COUNTY, CONTRACTOR, and PROJECT MANAGER shall make an inspection of that part of the Work to determine its status of completion. If ARCHITECT does not consider that part of the Work to be substantially complete, PROJECT MANAGER will notify CONTRACTOR in writing giving the reasons therefor. If ARCHITECT considers that part of the Work to be substantially complete, ARCHITECT will execute and deliver to PROJECT MANAGER and CONTRACTOR a certificate to that effect, fixing the date of Substantial Completion as to that part of the Work, and attaching a list of minor items as to that part of the Work to be completed or corrected before Final Payment. 14.12.1.2 Prior to issuing a Certificate of Substantial Completion as to part of the Work, PROJECT MANAGER will deliver to COUNTY and CONTRACTOR a written recommendation as to the IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling 7 GC -71 division of responsibilities pending Final Payment between COUNTY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance and the Warranty Period for that part of the Work. COUNTY shall have the right to exclude CONTRACTOR from any part of the Work which ARCHITECT has so certified to be substantially complete, but COUNTY shall allow CONTRACTOR reasonable access to complete or correct items described above. 14.12,1.3 In lieu of the issuance of a Certificate of Substantial Completion as to part of the Work, COUNTY may take over operation of a facility constituting part of the Work whether or not it is substantially complete if such facility is functionally and separately useable; provided that prior to any such takeover, COUNTY and CONTRACTOR have agreed in writing as to the division of responsibilities between COUNTY and CONTRACTOR for security, operations, safety, maintenance, Warranty Period, utilities and insurance with respect to such facility. During such utilization and prior to Substantial Completion of that portion of the Work, COUNTY shall allow CONTRACTOR reasonable access to complete or correct items and to complete other related Work. 14.13 Substantial Completion. 14.13.1 When CONTRACTOR considers the entire Work to have progressed to the point where it is. substantially complete, CONTRACTOR shall, in writing to ARCHITECT and PROJECT MANAGER certify that the entire Work is Substantially Complete, submit to PROJECT MANAGER all operation and maintenance manuals and instructions and spare parts required by the Contract Documents, and request that ARCHITECT or PROJECT MANAGER inspect the Work for issuance of a Certificate of Substantial Completion. Within a reasonable time thereafter, ARCHITECT, CONTRACTOR and PROJECT MANAGER shall make an inspection of the Work to determine the Status of Completion. If ARCHITECT or PROJECT MANAGER does not consider the Work substantially complete, ARCHITECT or PROJECT MANAGER will notify CONTRACTOR in writing giving the reasons therefore. The CONTRACTOR shall then accomplish the requisite Work and then recertify that the entire Work is Substantially Complete. If ARCHITECT or PROJECT MANAGER considers the Work substantially complete, ARCHITECT or PROJECT MANAGER will prepare and deliver to CONTRACTOR and COUNTY a Certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a Punch List of items (which should be minor in scope and nature) to be completed or corrected before Final Payjnent. CONTRACTOR shall continue to be responsible for maintaining the Work until the date of Certification of Substantial Completion, or longer if so required by the Contract Documents. 14.13.2 After the date of Substantial Completion, COUNTY shall allow CONTRACTOR reasonable access to complete or correct items on the list attached to the Certificate of Substantial Completion. 14.14 Final Inspection. Upon written notice from CONTRACTOR that the minor Items described in the Punch List attached to the Certificate of Substantial Completion have been completed, ARCHITECT or PROJECT MANAGER will make an inspection with COUNTY and CONTRACTOR and will notify CONTRACTOR in writing of the results of this inspection as to the items of the Work that appear to be incomplete, non - conforming or Defective. CONTRACTOR shall immediately take such measures as are necessary to remedy such deficiencies, and notify ARCHITECT or PROJECT MANAGER upon completion. The Final Inspection by ARCHITECT or PROJECT MANAGER with COUNTY and CONTRACTOR will verify completion of all items. 14.15 CONTRACTOR's Continuing Obligation. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or Final Payment by PROJECT MANAGER, nor the issuance. of a Certificate of Substantial Completion, nor any payment by COUNTY to CONTRACTOR nor any Partial Utilization by COUNTY nor any act of acceptance by COUNTY nor any failure to do so, nor any review and approval of the Shop Drawings or samples, nor any review of a Progress Schedule, nor the issuance of a notice of acceptability by PROJECT MANAGER, nor any correction of Defective Work by COUNTY will constitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's IFB- 600806- 10 /GMG —Term Contract for In -Place Asphalt Recycling X GC -72 obligation to perform the Work in accordance with the Contract Documents except as provided in a waiver of Contract Claims at the time of making and acceptance of Final Payment. 14.16 Deleted Work. The COUNTY shall have the right to cancel the portions of the Agreement relating to the construction of any item therein by the payment to the CONTRACTOR of a fair and equitable amount covering all items of cost incurred prior to the date of cancellation or- suspension of the Work by order of the PROJECT MANAGER. 14.17 Partial Payments. 14.17.1 General. The CONTRACTOR will receive partial payments on monthly estimates based on the amount of Work done or completed (including delivery of certain Materials, as specified herein). The monthly payments shall be approximate only, and all partial estimates and payments shall be subject to correction in the subsequent estimates and the final estimate and payment. The amount of such payments shall be the total value of the Work done to the date of the estimate, based on the quantities and the Unit Prices, less an amount retained and less payments previously made. 14.17.2 Withholding Payment for Defective Work. Should any defective Work or Material be discovered prior to the Final Acceptance, or should a reasonable doubt arise prior to Final Acceptance as to the integrity of any part of the completed Work, payment for such defective or questioned Work will not be allowed until the defect has been remedied and causes for doubt removed. IFB- 600806- 10 /GMG -Term Contract for In -Place Asphalt Recycling N GC -73 SECTION 15 - SUSPENSION OF WORK AND TERMINATION 15.1 The COUNTY May Stop the Work. If the Work is Defective and the CONTRACTOR has been notified by PROJECT MANAGER or COUNTY, or if CONTRACTOR fails to perform the Work in compliance with the Contract Documents, or if CONTRACTOR fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, or suitable Materials or Equipment, or if CONTRACTOR fails to obtain, maintain or renew insurance or bonds in conformance with the Contract Documents in a form acceptable to COUNTY, or if any insurance company CONTRACTOR has obtained insurance from declares bankruptcy or is declared bankrupt,or if CONTRACTOR fails to prosecute the Work without endangering persons or property, COUNTY may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated. COUNTY's order to stop the Work may be communicated through PROJECT MANAGER or by COUNTY. This right of COUNTY to stop the Work shall not give rise to any duty on the part of COUNTY or PROJECT MANAGER to exercise this right for the benefit of CONTRACTOR or any other party. CONTRACTOR shall bear all direct, indirect, and consequential costs of such order to stop the Work (including but not limited to fees and charges of PROJECT MANAGER, attorneys and other professionals, any additional expenses incurred by COUNTY due to delays to others performing Work under a separate contract with COUNTY, and other obligations), and CONTRACTOR shall further bear the responsibility for maintaining the Progress Schedule and shall not be entitled to any extension of Contract Time or increase in the Contract Price. COUNTY shall be entitled to deduct any expenses so incurred from the Contract Price by issuing a Change Order. 15.2 Suspension for Convenience. 15.2.1 Without invalidating the Contract Documents, and without notice to any surety, COUNTY may, at any time, order CONTRACTOR in writing to stop, delay or interrupt Work for such a period of time as COUNTY may deem appropriate. Upon receipt of that order, CONTRACTOR shall immediately proceed in accordance with any specific provisions or Instructions, protect and maintain the Work, and make reasonable and diligent efforts to mitigate costs associated with the suspension order. 15.2.2 If any suspension of Work under this subsection causes an increase or decrease in CONTRACTOR's cost or the time required to perform or complete any part of the Work, COUNTY shall make a change in Contract Price or Contract Time, as provided in Section 10 and 11; except that no change in Contract Price or' Contract Time will be made for any suspension of Worts to the extent that performance would have been suspended anyhow by causes not meeting the criteria in Section 11, or for which an adjustment is provided or excluded under any other provision of the Contract Documents. 15.3 Termination for Cause. 15.3.1 COUNTY may upon the occurrence of any one or more of the following events terminate the services of CONTRACTOR; 15.31.1 If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law or under contract, whose appointment or authority to take charge of property of CONTRACTOR Is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.3.1.2 if CONTRACTOR admits in writing an inability to pay its debts generally as they become due; 15.3.1.3 If CONTRACTOR fails to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled Workers, sufficient supervisory personnel, or suitable Materials or Equipment or failure to adhere to the Progress Schedules); 15.3.1.4 If CONTRACTOR discontinues prosecution of the Work or any portion thereof; IFB- 600806- 10 /GMG — Term Contract for In -Place Asphalt Recycling GC -74 15.3,1 .5 if CONTRACTOR allows any final judgment against it to remain unsatisfied for a period of ten days; 15.3.1.6 If CONTRACTOR disregards laws, policies, court orders, or administrative directives, etc. of any governmental body, agency or court having jurisdiction; 15.3.1.7 If CONTRACTOR disregards the authority of PROJECT MANAGER ; OR COUNTY; 15.3.1.8 If CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Documents; or 15.3.1.9 If CONTRACTOR fails to promptly pay Subcontractors, Suppliers, Materialmen, Laborers, etc. 15.3.2 As it is recognized that if CONTRACTOR is adjudged bankrupt or makes a general assignment for the benefit of creditors or if. a receiver is' appointed on account of its insolvency, such could impair or frustrate CONTRACTOKs performance of the Work, therefore it is agreed that upon occurrence of any such event, COUNTY shall be entitled to request CONTRACTOR or its successor to provide adequate assurance of future performance in accordance with the terms and conditions of the Contract Documents. Failure to provide said adequate assurance within seven (7) days of the delivery of the request shall entitle COUNTY to terminate CONTRACTOR. In all events pending receipt of adequate assurance of performance and actual performance in accordance herewith, COUNTY shall be entitled to proceed with the Work with its own forces or with their contractors on a Time and Material basis or other appropriate basis that the costs will be back charged against the CONTRACTOR. COUNTY shalt be entitled to deduct these costs from the Contract Price by issuing a Change Order. 15.3.3 COUNTY may, after giving CONTRACTOR and Surety seven (7) days written notice, and to the extent permitted by laws and regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances, construction Equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all Materials and Equipment stored at the site or for which COUNTY has paid CONTRACTOR but which are stored elsewhere, and finish the Work as COUNTY may deem expedient. CONTRACTOR shall assign all of Its interest in any or all Subagreements to COUNTY upon COUNTY's request. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of PROJECT MANAGER, architects, attorneys and other professionals and court and arbitration costs including costs for appellate proceedings) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to COUNTY. If CONTRACTOR leaves the site at any time during the seven day period, COUNTY shall have the right to secure the site to protect the property from damage and to insure the health and safety of the public. 15.3.4 Notwithstanding the above notice period, in the event of an emergency, the COUNTY may take over the site and perform any or all of the activities set out above immediately. COUNTY shall provide notice of such takeover within 24 hours after its occurrence. 15.3.5 Where CONTRACTOR's services have been terminated by COUNTY, the termination shall not affect any rights of COUNTY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment due CONTRACTOR by COUNTY will not release CONTRACTOR from liability. 15.3.6 COUNTY may, at its sole discretion, permit CONTRACTOR to continue to perform Work when CONTRACTOR is in default, however caused. Such a decision by COUNTY shall in no way operate as a waiver on the part of COUNTY of any of its rights under the Contract Documents. IFB- 600806- 10 /GMG — Term Contract for In -Place Asphalt Recycling GC -75 15.4 Termination for Convenience. 15.4.1 COUNTY may, without prejudice to any other right or remedy, terminate this Agreement in whole or in part at any time for its convenience by giving CONTRACTOR and Surety seven (7) days written notice. COUNTY shall have the right, in that event, to take over any or all of CONTRACTOR's Materials, (whether stored on or off site) supplies, Equipment, Subagreements' or other obligations to complete the Work and CONTRACTOR shall assign them to COUNTY upon COUNTY's request. CONTRACTOR shall proceed to complete any part of the Work, as directed by COUNTY, and shall settle all its Contract Claims and obligations under the Agreement. 15.4.2 In any such termination for the convenience of COUNTY, CONTRACTOR shalt be paid for Work completed in accordance with the Contract Documents prior to receipt of the notice of termination, and for reasonable termination settlement costs relating to commitments which had become firm prior to the termination; however, payment to CONTRACTOR will exclude any and all anticipated supplemental costs, administrative expenses overhead and profit on uncompleted Work and any type of wrongful termination damages. CONTRACTOR shall justify its Contract Claims as requested by COUNTY with thorough, accurate records and data. 15.4.3 If, after notice of Termination for Cause of CONTRACTOR, it is determined that CONTRACTOR was not in default, the termination shall be deemed to have been for the convenience of COUNTY. in such event CONTRACTOR may recover from COUNTY payment in accordance with subsection 15.4.2. IF"008W10IGMG - Term Contract for In -Place Asphalt Recycling W GC -76 SECTION 16 - VALUE ENGINEERING INCENTIVE 16.1 Intent and Objective. This Section applies to any cost reduction proposal (hereinafter referred to as a Value Engineering IncentiveChange Proposal or VECP) initiated and developed by the CONTRACTOR for the purpose of refining the Contract Documents so as to contribute to design cost effectiveness or significantly improve the quality of the Work. This Section does not, however, apply to any such proposal unless it is identified by the CONTRACTOR, at the time of its submission to the COUNTY, as a proposal submitted pursuant to this Section. 16.1.1 VECPs contemplated are those that would result in net savings to the'COUNTY by providing either: (A) a decrease in the cost of performance of the Work, or, (B) a reduction in cost of ownership (hereinafter referred to as collateral costs) of the Work, regardless of acquisition costs. VECPs must result in savings without impairing essential functions and characteristics such as safety, service, life, reliability, economy of operation, ease of maintenance, aesthetics and necessary standard design features. However, nothing herein prohibits the submittal of VECPs where the required functions and characteristics could be combined, reduced or eliminated as being nonessential or excessive. Plan errors or omissions which are identified by the CONTRACTOR and which result in a cost reduction, will not qualify for submittal as a VECP. 16.1.2 The COUNTY reserves the right to reject at its discretion any VECP submitted. Substitution of another design alternate, which is detailed in the Plans, for the one on which the CONTRACTOR bid, will not be allowed under this Section. Pending execution of a formal supplemental agreement, implementing an approved VECP, the CONTRACTOR shall remain obligated to perform in accordance with the terms of the existing Agreement. No time extensions will be granted due to the time required to review a VECP. 16.2 Subcontractors. The CONTRACTOR is encouraged to include the provisions of this Section in contracts with subcontractors. The CONTRACTOR shall encourage submission of VECPs from subcontractors, however, it is not mandatory that VECPs be submitted nor is it mandatory that the CONTRACTOR accept or transmit to the COUNTY VECPs proposed by his subcontractors. 16.3 Data Requirements. As a minimum, the following information shall be submitted by the CONTRACTOR with each VECP: (1) A description of the difference between the existing requirements and the proposed change, and the comparative advantages and disadvantages. (2) Separate detailed cost estimates for both the existing requirements and the proposed change. The cost estimates shall be broken down by item numbers indicating quantity increases or decreases and deleted pay items. Additional proposed Work, now covered by the Contract Documents, shall be identified by current COUNTY pay item numbers. In preparing the estimates, the CONTRACTOR shall include overhead, profit and bond. No separate pay item(s) for these costs will be allowed. (3) An itemization of plan details, plan sheets, design standards and Specifications that must be changed or added if the VECP is adopted. Preliminary plan drawings must be sufficient to describe the proposed changes. (4) An estimate of the effects the VECP would have on collateral costs to the COUNTY. (5) Engineering Incentive or other analysis in sufficient detail to identify and describe specific features of the Contract Documents which must be changed if the VECP is accepted, with a proposal as to how these changes can be accomplished and an assessment of their effect on other Project elements. The COUNTY may require that Engineering Incentive analyses be performed by a prequalified consultant in the applicable class of Work. Any design changes which result from the VECP must be supported by computations sealed by a Professional ARCHITECT OR ENGINEER registered in the State of Florida. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling 3W GC -77 (6) A statement of the time by which approval of the VECP must be issued by the COUNTY to obtain the total estimated cost reduction during the remainder of this Agreement, noting any effect on the Agreement completion time or delivery schedule. 16A Processing Procedures. Two copies of each VECP shall be submitted, one to the PROJECT MANAGER , or his duly authorized representative, and one to the COUNTY. VECPs will be processed expeditiously; however, the COUNTY will not be liable for any delay in acting upon a VECP submitted pursuant to this Section. The CONTRACTOR may withdraw, in whole or in part, a VECP not accepted by the COUNTY within the period specified in the VECP. The COUNTY shall not be liable for any VECP development cost in the case where a VECP is rejected or withdrawn. The PROJECT MANAGER shall be the sole judge of the acceptability of a VECP and of the estimated net savings in construction and /or collateral costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the Bid prices if, in the judgment of the PROJECT MANAGER, such prices do not represent a fair measure of the value of Work to be performed or to be deleted. Prior to approval, the PROJECT MANAGER may modify a VECP, with the concurrence of the CONTRACTOR, to make it acceptable. If any modification increases or decreases the net savings resulting from the VECP, the CONTRACTOR's fair share will be determined upon the basis of the VECP as modified and upon determination of final quantities. The net savings shall be computed by subtracting the revised total cost of all bid items affected by the VECP design from the total cost of the same bid items as represented in the Contract Documents. Prior to approval of the VECP, which initiates the supplemental Agreement, the CONTRACTOR shall provide acceptable contract quality Plan sheets revised to show all details consistent with the VECP design. 16.5 Computations for Change in Contract Cost of Performance. CONTRACTOR development and Implementation costs for the VECP will not be recoverable. If the VECP is adopted, the CONTRACTOR's share of the net savings as defined hereinafter shall be considered full compensation to the CONTRACTOR for the VECP. COUNTY costs of processing or implementation of a VECP will not normally be considered in the estimate. However, the COUNTY reserves the right, where it deems such action appropriate, to require the CONTRACTOR to pay the COUNTY's cost of investigating and implementing a VECP submitted by the CONTRACTOR as a condition of considering such proposal. Where such a condition is imposed, the CONTRACTOR shall indicate his acceptance thereof in writing, and such acceptance shall constitute full authority for the COUNTY to deduct amounts payable to the COUNTY from any monies due or that may become due to the CONTRACTOR under the Agreement. 16.6 Computations for Collateral Costs. When collateral cost savings are sought by the CONTRACTOR, separate estimates must be prepared for collateral costs of both the existing Agreement requirement and the proposed change. Each estimate shall consist of an itemized breakdown of all costs and the basis for the data used in the estimate. Cost benefits to the COUNTY include, but are not limited to: reduced costs of operation, maintenance or repair, and extended useful service life. Increased collateral costs include the of such factors. Computations shall be as follows: (1) Costs shall be calculated over a 20 -year period on a uniform basis for each estimate. (2) If the difference in the estimates as approved by the COUNTY indicate a savings, the CONTRACTOR shall divide the resultant amount by 20 to arrive at the average annual net collateral savings. The resultant savings shall be shared as stipulated in subsection 16.7. 16.7 Sharing Arrangements. If a VECP is approved by the COUNTY, the CONTRACTOR may be entitled to share in both construction savings and collateral savings to the full extent provided for in this subsection. Except for innovative ideas, the CONTRACTOR and COUNTY shall each receive 50 percent of net reduction in the cost of performance of this Agreement. IFB- 600806- 10 /GMG — Term Contract for In -Place Asphalt Recycling GC -78 For innovative ideas, the reduction in the cost of performance shall be shared as follows: Accrued Net CONTRACTOR's COUNTY's Savings Share % Share % Less than $25,000 75 25 Over $25,000 50 50 If an approved change is identical or similar to a previously submitted VECP or an idea previously utilized by the COUNTY it will not be considered an innovative idea, thus, will only qualify for a 50 percent sharing of savings. When collateral savings occur, the CONTRACTOR shall receive 20 percent of the average one years net collateral savings. The CONTRACTOR shall not receive construction savings or collateral savings on optional Work listed in this Agreement until the COUNTY exercises its option to obtain that Work. IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling z GC -79 SECTION 17 - MISCELLANEOUS 17.1 Giving Notice 1.7.1.1 Whenever any provision of the Contract Documents requires the giving of written notice it shall be deemed to have been validly given as of the time of actual delivery if delivered in person; or if it is delivered by registered mail, at the actual time of delivery. 17.1.2 Written notice to be delivered to COUNTY or PROJECT MANAGER. or to any of its representatives by CONTRACTOR shall be delivered at the office stated in the Agreement, unless otherwise specified in writing to CONTRACTOR. Written notice to CONTRACTOR by COUNTY or PROJECT MANAGER shall be delivered to the individual or member of the firm or to an officer of the corporation for whom it is intended at the office stated in the Agreement, or such other office or individual designated by CONTRACTOR in writing to COUNTY. 17.2 Notice to Other Agencies. CONTRACTOR shall notify all public and private entities or agencies in accordance with any and all ordinances, laws, agreements, licenses, and any other directions of construction activity, disruption of access or services. COUNTY or PROJECT MANAGER shall not be responsible for any such notification. 17.3 Computation of Time. When any period of time is referred to in the Contract Documents by Days, It shall be computed to include the first and the last Day of such period. if the last Day of any such period falls on a Saturday or Sunday or on a Holiday, such Day shall be omitted from the computation. 17.4 Claims for Injury or Damage to Person or Property. Should COUNTY or CONTRACTOR suffer injury or damage to person or property because of any error, omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable, claim will be made in writing to the other party within a reasonable time from the first observance of such injury or damage. This provision shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitations or repose. 17.5 No Conflict with Laws or Regulations. 17.5.1 The duties, obligations, criteria or procedure imposed by these General Conditions and the rights and remedies made available are in addition to, and are not to be construed in any way as a limitation of any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, except that in the event that a specific part or detailed requirement of a provision, criterion or procedure in these General Conditions and a specific part or detailed requirement of a provision, criterion or procedure imposed or available by Laws or Regulations are in conflict the specific part or detailed requirement of Laws and Regulations shall govern. All other specific parts or detailed requirements in the provisions, criteria or procedures of the applicable Laws or Regulations and these General Conditions not in conflict shall remain in full force and effect and be read with the controlling specific part or detailed requirement. 17.5.2 The provisions of this subsection will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right and remedy to which they apply. 17.5.3 Each and every provision of law and clause required by law to be inserted in the Contract Documents shall be deemed to be inserted therein and the Contract shall be read and enforced as though it were included therein. 17.6 Partial Invalidity. If any provision of this contract is held by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the parties contained herein are not materially prejudiced and if iFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recycling GC -80 the intentions of the parties can continue to be effectuated. To that end, this Agreement is declared severable. 17.7 No Waiver of Rights, Duties. 17.7.1 Except as otherwise specifically provided in the Contract Documents, no action or failure to act by the COUNTY, PROJECT MANAGER, COUNTY's Representative(s), or CONTRACTOR on one or more occasions shall, constitute a waiver of any right or duty afforded any of them under the Contract Documents, nor shall any such action or failure to act constitute an approval of or acquiescence of any breach thereunder. .17.7.2 All representations, indemnities, warranties and guarantees required by the Contract Documents, including the Warranty Period shall survive Final Payment and termination or completion of the Agreement. 17.8 Advertising. No advertising shall be permitted upon any part of the site or structures located on the site. News or press releases pertaining to the services, Work product(s), or performance of CONTRACTOR under the Contract Documents or the Project to which it relates shall be at the sole discretion of COUNTY. 17.9 Recovery of Damages. In no event shall CONTRACTOR be entitled to recover from COUNTY any indirect, incidental, or consequential damages in any proceeding arising out of or relating to this Agreement or breach thereof. In the event that subsection 12.1.7 is found by a court of competent jurisdiction to be void, inapplicable or in the event that subsequent legislation renders such provisions void or Inapplicable, then no formula based or total cost approaches including, but. not limited to, the Eichleay, Allegheny, Burden Fluctuation or other similar formula based methods shall be used to compute damages. CONTRACTOR shall base all damage claims upon Cost and Pricing Data at the time of the occurrence of the event upon which the damage claims are based. '17.10 Recovery of Interest. Any prejudgment or postjudgment interest assessed against either party to this Agreement shall be assessed at the rate provided by Florida law or four percent (4 %) per annum, whichever is less. 17.11 Notice of Claims. The contractual limitations periods for filing Contract Claims or other claims for increases in Contract Price, Contract Time, or any other claim of any nature set forth in the Contract Documents shall be controlling. However, in the event that no limitations periods is established in the Contract Documents for the specific type of claim asserted then, the parties agree that all such claims shall be made in writing with complete supporting documentation to the persons designated to receive such claims (CONTRACTOR's Superintendent, PROJECT MANAGER and COUNTY's Purchasing Manager) no more than 7 days after the occurrence of the event giving rise to any such claim, or else any such claim shall be waived and deemed invalid. 17.12 Waiver of Jury. Trial. The parties expressly waive any right to jury trials under Florida law. 17.13 Attorney Fees. The parties expressly agree that each party shall be solely responsible for their own attorney's fees and costs incurred in any negotiation, alternative dispute resolution procedure, or litigation related to or arising out of these Contract Documents. IFB- 600806- 10 1GMG - Term Contract for In -Place Asphalt Recycling GC -81 SECTION 18 - MEASUREMENT AND PAYMENT - UNIT PRICE 18.1 Measurement of Quantities. 18.1.1 Measurement Standards: Unless otherwise stipulated, all Work completed under the Contract Documents shall be measured, by the PROJECT MANAGER, according to United States Standard Measures. 18.1.2 Method of Measurements: Unless otherwise provided by in the Specifications for the particular items involved, all measurements shall be taken horizontally or vertically. 18.1.3 Determination of Pay Areas. 18.1.3.1 in measurement of items paid for on the basis of area of finished Work, where the pay quantity is designated to be determined by calculation, the lengths and widths to be used in the calculations shall be shown on the Plans or the final dimensions actually measured along the surface of the completed Work shall be shown on the Plans. The method or combination of methods of measurement shall be those which will reflect with reasonable accuracy the actual surface area of the finished Work as determined by the PROJECT MANAGER. 18.2 NOT USED. 18.3 Compensation for Altered Quantities. 18.3.1 Whenever any change or combination of changes in the Plans, including changes outside the original limits of the Project, results in an increase or decrease in the original contract quantities, and the Work added or eliminated is of the same general character as that shown on the original Plans, the Contractor shall accept payment in full at the original contract Unit Prices for the actual quantities of Work done. 18.3.2 Payment Based on Plan Quantity. 18.3.2.1 Where the pay quantity for any item is designated to be the original plan quantity, such quantity will be revised only in the event that it is determined. to be substantially in error. An error shall be deemed substantial if the quantity will increase or decrease in excess of five percent of the original plan quantity for that item or the amount due for that item will increase or decrease in excess of $500 (whichever is smaller). In general, such revisions will be determined by final measurement or plan calculations or both as additions to or deductions from plan quantities. In the event either the COUNTY or the CONTRACTOR contends that the plan quantity for any item is in error and additional or less compensation is thereby due, he shall submit, at his own expense, evidence of such in the form, of acceptable and verifiable measurements or calculations. The plan quantity will not be revised solely on the basis of a particular method of construction selected by the CONTRACTOR. For earthwork items, any significant differences in the original ground surfaces from that shown in the original plan cross sections which would result in an adjustment to the plan quantity, must be noted by the CONTRACTOR and properly documented by appropriate level notes, acceptable to both the CONTRACTOR and the COUNTY, prior to disturbance of the original ground surface by construction operations to the extent that the original ground surface elevations in question cannot be documented. Any Contract Claim based upon significant differences in the original ground surface must be supported by documentation as provided above. A significant difference in the earthWork surface is defined as a consistent difference in elevation, either up or down, averaging in excess of 0.3 foot over a length of 500 feet in any one area, or an equivalent volume in any individual roadway area of a lesser distance. 18.3.2.2 Where the pay quantity for any item Is designated to be the original plan quantity and a plan change which results in an increase or decrease in the quantity of that item is authorized, the plan quantity will be revised accordingly provided that such change will increase or IFB- 600806- 101GMG - Term Contract for In -Place Asphalt Recycling GC -82 decrease the amount due for the item in excess of $100. In general, such revisions will be determined by final measurement or plan calculations or both. 18.3.2.3 The limitations set out in subsections 18.3.2.1 and 18.3.2.2 do not apply: (1) Where these Specifications provide that the pay quantity for an item to be paid for on the basis of area of finished Work is to be adjusted according to the ratio of measured thickness to nominal thickness. (2) Where the Specifications provide for a deduction due to test results failing outside of the allowable Specification tolerances. IFB- 600806- 1 0 /GMG -Term Contract for In -Place Asphalt Recycling GC -83 SECTION 19 - CONTRACT CLAIMS RESOLUTION 19.1 Purpose. The purpose of this Section is to provide a cooperative team building dispute resolution process for payment of monetary obligations and provision of time extensions under the Contract Claim provisions of the Contract Documents. The team building approach to dispute resolution provided in this Section is intended to complement other requirements imposed by the Contract Documents and is not intended to create duties or obligations not otherwise imposed by law or these Contract Documents. The parties remain responsible for performance of all obligations imposed under these Contract Documents. At all times during the time that any Contract Claim is pending and in the process of being resolved or decided, the CONTRACTOR shall proceed diligently with the Work so as to achieve completion of the Work within the Contract Time. 19.2 Administrative Forum. The parties agree that all Contract Claims arising under the Contract Documents shall be submitted for altemative dispute resolution under Chapter 220, Seminole County Purchasing Code. & Procedures, "Contract Claims ", Seminole County Code or successor provisions. CONTRACTOR agrees that the submission of Contract Claims during performance of the Work provides an efficient dispute resolution procedure and, that resolution of disputes by the COUNTY's Purchasing . Manager and the COUNTY's Appeal Committee or their designees provide adequate remedies. The CONTRACTOR agrees that the status of hearing officers as COUNTY employees does not violate public policy, deny due process, or provide the basis for disregarding or avoiding the alternative dispute resolution procedures established by Chapter 220, Seminole County Purchasing Code & Procedures. The CONTRACTOR, by executing the Contract Documents, expressly waives due process rights and agrees to resolve disputes under these Alternative Dispute Resolution procedures. 19.3 Contract Claims Procedure. Contract Claims procedure shall comply with the requirements of the Seminole County Purchasing Code & Procedures. The parties agree to voluntarily exchange information and documents necessary for resolution of the Contract Claim. The hearing officers (Purchasing Manager or Appeal Committee) under the Seminole County Purchasing Code & Procedures, shall have the right to make written requests to the COUNTY staff, PROJECT MANAGER ARCHITECT OF RECORD, and CONTRACTOR at any time for additional information and documents needed to render a decision. Hearing officers may grant extensions of time and direct COUNTY staff and CONTRACTOR to participate in structured negotiations or mediation to resolve disputes prior to rendering a decision. In the event of referral to mediation, the parties agree that mediators shall be mutually acceptable to the parties and that the costs of mediation shall be shared equally among the parties participating in the mediation. Further, the parties agree that hearing officers under Chapter 220, Seminole County Purchasing Code & Procedures, shall not be required to render written decisions until Substantial Completion of the Work has been accomplished and the parties expressly waive the time periods for written decisions by the County's Purchasing Manager and Appeal Committee. In the event that CONTRACTOR appeals any decision of the Purchasing Manager under the Seminole County Code, CONTRACTOR agrees to identify specific exceptions to the Purchasing Manager's decision including specific identification of the provisions of the Contract Documents relied upon. General assertions that the Purchasing Manager's decision is contrary to provisions of the Contract Documents, law, or fact are not sufficient. The CONTRACTOR recognizes and accepts the Seminole County Code requirements for posting an appeal bond. 19.4 Resolution of Contract Time and Contract Price Disputes. Contract Claims related to Contract Time under the Contract Documents provide for extensions of the Contract Time as the sole and exclusive remedy of CONTRACTOR. As to Contract Claims related to Contract Time or Contract Price disputes under the Contract Documents, the parties agree to exhaust COUNTY administrative alternative dispute resolution procedures prior to filing suit or otherwise pursuing legal remedies. The parties agree that they will file no suit or otherwise pursue legal remedies based on facts or evidentiary materials that were not presented for consideration in the COUNTY alternative dispute resolution procedures of which the parties had knowledge and failed to present during the COUNTY alternative dispute resolution procedures. In the event that COUNTY administrative dispute resolution procedures are exhausted and a suit is filed or legal remedies are otherwise pursued, the parties shall exercise best efforts to resolve disputes through voluntary mediation. Mediator selection and the procedures to be employed in voluntary IFB- 600806 -1 O /GMG — Term Contract for In -Place Asphalt Recycling I 6] ff -� mediation shall be mutually acceptable to the parties. Costs of voluntary mediation shall be shared equally among the parties participating in the mediation. 19.5 Notice of Contract Claims. Contract Claims by the CONTRACTOR must be made by written notice on the form provided in the Contract Documents with complete documentation to PROJECT MANAGER and the COUNTY's Purchasing Manager. All notices for Contract claims shall be given within the times as specified in the Contract Documents. 19.6 Contract Claim Correspondence. To assure prompt resolution of Contract Claims, the CONTRACTOR's correspondence related to Contract Claims shall have Contract Claim identification numbers assigned by CONTRACTOR.. The Contract Claim numbers shall be sequential and assigned chronologically so that each Contract Claim can be individually identified by reference to the Contract Claim number. Each document submitted in support of a Contract Claim must bear the appropriate Contract Claim number. 19.7 Contract Claim Disposition. Each Contract Claim shall be treated separately under Chapter 220, Seminole County Purchasing Code & Procedures and this Section. Continuing Contract Claims or Contract Claims asserting damages for the cumulative effect of more than one Contract Claim are not permitted. However, if CONTRACTOR files a timely notice of Contract Claim under the Contract Documents, CONTRACTOR may file supplemental documents in support of any Contract Claim prior to the decision of the COUNTY's Purchasing Manager under the Seminole County Purchasing Code & Procedures. As to Contract Claim disputes under the Contract Documents, the decision of the COUNTY Purchasing Manager or Appeal Committee or their designees shall stand as a COUNTY staff recommendation of settlement of the Contract Claim to the Seminole County Board of County Commissioners. 19.8 Reservation of Contract Claims. The parties agree that these Contract Documents provide no procedure for reservation, notice of reservation or notice of intent to file a Contract Claim and that such notices are void and of no effect. The parties agree that prompt and separate resolution of each Contract Claim benefits CONTRACTOR, COUNT( and the public. 19.9 False Claims. The COUNTY and CONTRACTOR acknowledge that the "Florida False Claims Act" provides civil penalties not more than $10,000.00 plus remedies for obtaining treble damages against contractors or persons causing or assisting in causing Florida governments to pay claims that are false when money or property is obtained from a Florida government by reason of a false claim. IFB- 600808- 10 /GMG — Term Contract for In -Place Asphalt Recycling mi Exhibit D These requirements will only be used during Emergency Repair under FHWA guidelines IF"00806- 10 /GMG — Term Contract for In -Place Asphalt Recycling M These requirements will only be used during Emergency Repair under FHWA guidelines Index Section 1 Executive Order 11246 - Equal Employment Opportunity Section 2 FHWA Form 1273 Section 3 FDOT Specifications - Section 6.12.1 - 6.12.2 Section 4 FDOT Special Provision 7.16 & Davis -Bacon Wage Tables Section 5 Suspension & Debarment, Non - Collusion, & Lobbying Certification Section 6 FDOT Disadvantaged Business Enterprise Program Section 7 FDOT Special Provisions - Disadvantaged Business Enterprise Program Exhibit D IFB- 600806- 40/GF4G - Term Contract for In -Place Asphalt Recyling X SECTION 1 Executive Order 11246 Equal Employment Opportunity Exhibit 0 IFB- 600806- 10/GMG - Term Contract for In -Plaoe Asphalt Recyling Executive Order 11246 - Equal Employment Opportunity SOURCE: The provisions of Executive Order 11246 of Sept. 24, 1965, appear at 30 FR 12319, 12935, 3 CFR, 1964 -I965 Comp., p.339, unless otherwise noted. Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United States, it is ordered as follows: Part I - Nondiscrimination in Government Employment [Part I superseded by EO 11478 of Aug. 8, 1969, 34 FR 12985, 3 CFR, 1966 -1970 Comp., p. 8031 Part 11- Nondiscrimination in Employment by Government Contractors and Subcontractors Subpart A - Duties of the Secretary of Labor SEC. 201. The Secretary of Labor shall be responsible for the administration and enforcement of Parts IT and III of this Order. The Secretary shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of Parts IT and III of this Order. [Sec. 201 amended by EO 12086 of Oct- 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 2301 Subpart B - Contractors' Agreements SEC. 202. Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in every Government contract hereafter entered into the following provisions: "During the performance of this contract, the contractor agrees as follows: "(I) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure. that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting F_xNbtt p IFB- 600806.10/GMG - Term CW"cl for In -Place Asphalt Recyling forth the provisions of this nondiscrimination clause. "(2) The contractor will, in all solicitations or advancements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. "(3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. "(4) The contractor will comply with A provisions of Executive Order.N6. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 11 (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. "(6) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of such mks, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. "(7) The contractor will include the provisions of paragraphs (1) through (7) in every subcontract or. purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, I965, so that such provisions will be binding upon each subcontractor or vendor. The contractor win take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as Exhibit D lFB- 600806- 1 0 /GMG - Term Contract for In -Place Asphalt Recyling M a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States." [Sec. 202 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR,1966 -1970 Comp., p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 203. Each contractor having a contract containing the provisions prescribed in Section 202 shall file, and shall cause each of his subcontractors to file, Compliance Reports with the contracting agency or the Secretary of Labor as may be directed. Compliance Reports shall be filed within such times and shall contain such information as to the practices, policies, programs, and employment policies, programs, and employment statistics of the contractor and each subcontractor, and shall be in such form, as the Secretary of Labor may prescribe. (b) Bidders or prospective contractors or subcontractors may be required to state whether they have participated in any previous contract subject to the provisions of this Order, or any preceding similar Executive order, and in that event to submit, on behalf of themselves and their proposed subcontractors, Compliance Reports prior to or as an initial part of their bid or negotiation of a contract. (c) Whenever the contractor or subcontractor has a collective bargaining agreement or other contract or understanding with a labor union or an agency referring workers or providing or supervising apprenticeship or training for such workers, the Compliance Report shall include such information as to such labor union's or agency's practices and policies affecting compliance as the Secretary of Labor may prescribe Provided, That to the extent such information is within the exclusive possession of a labor union or an agency referring workers or providing or supervising apprenticeship or training and such labor union or agency shall refuse to fumish such information to the contractor, the contractor shall so certify to the Secretary of Labor as part of its Compliance Report anti shall. set forth what-efforts he has made to obtain such information. (d) The Secretary of Labor may direct that any bidder or prospective contractor or subcontractor shall submit, as part of his Compliance Report, a statement in writing, signed by an authorized officer or agent on behalf of any labor union or any agency referring workers or providing or supervising apprenticeship or other training, with which the bidder or prospective contractor deals, with Exhibit p IFB- 600806- 1 0/GMG - Term Contract for In -Place Asphalt RecyllrV M supporting information, to the effect that the signer's practices and policies do not discriminate on the grounds of race, color, religion, sex or national origin, and that the signer either will affirmatively cooperate in the implementation of the policy and provisions of this Order or that it consents and agrees that recruitment, employment, and the terms and conditions of employment under the proposed contract shall be in accordance with the purposes and provisions of the order. In the event that the union, or the agency shall refuse to execute such a statement, the Compliance Report shall so certify and set forth what efforts have been made to secure such a statement and such additional factual material as the Secretary of Labor may require. [Sec. 203 amended by EO 11375 of Oct 13, 1967, 32 FR 14303, 3 CFR, 1966 -1970 Comp., P. 684; EO 12086 of Oct. 5, 1978,43 FR 46501, 3 CFR, 1978. Comp., p. 230] SEC. 204. The Secretary of Labor may, when he/she decors that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this order in any specific contract, subcontract, or purchase order, The Secretary of Labor may, by rule or regulation, also exempt certain classes of contracts, subcontracts, or purchase orders (1) whenever work is to be or has been performed outside the United States and no recruitment of workers within the limits of the United States is involved; (2) for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to the extent that they involve subcontracts below a specified tier. The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor which are in all respects separate and distinct from activities of the contractor related to the performance of the contract: Provided, That such an exemption will not interfere with or impede the effectuation of the purposes of this Order. And provided further, That in the absence of such an exemption, all facilities shall be covered by the provisions of this Order. Subpart C - Powers and Duties of the Secretary of Labor and the Contracting Agencies SEC. 205. The Secretary of Labor shall be responsible for securing compliance by all Government contractors and subcontractors with this Order and any implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate with the Secretary of Labor and shall furnish such information and assistance as the Secretary may require. Exhibit D IFS- 800806- 10 /GMG - Term Contract for in -Place Asphalt Recyling (Sec. 205 amended by EO 12086 of Oct_ 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230) SEC. 206. The Secretary of Labor may investigate the employment practices of any Government contractor or subcontractor to determine whether or not the contractual provisions specified in Section 202 of this Order have been violated. Such investigation shall be conducted in accordance with the procedures established by the Secretary of Labor. (b) The Secretary of Labor may roceive and investigate complaints by employees or prospective employees of a Government contractor or subcontractor which allege discrimination contrary to the contractual provisions specified in Section 202 of this Order. [Sec. 206 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230) SEC. 207. The Secretary of Labor shall use his/her best efforts, directly and through interested Federal, State, and local agencies, contractors, and all other available instrumentalities to cause any labor union engaged in work under Government contracts or any agency referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in . the implementation of the purposes of this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal Employment Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of Federal law. (Sec. 207 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230) SEC. 208. The Secretary of Labor, or any agency, officer, or employee in the executive branch of the Government designated by rule, regulation, or order of the Secretary, may hold such hearings, public or private, as the Secretary may deem advisable for compliance, enforcement, or educational purposes. (b) The Secretary of Labor may hold, or cause to be held, hearings in accordance with Subsection of this Section prior to imposing, ordering, or recommending the imposition of penalties and sanctions under this Order. No order for debarment of any contractor from further Government Exhibit D IFB- 600806-1 U/GMG - Term Contract for In -Place Asphalt Recyling contracts under Section 209(6) shall be made without affording the contractor an opportunity for hearing. Subpart D - Sanctions and Penalties SEC. 209. In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary may: (1) Publish, or cause to be published, the names of contractors or unions which it has concluded have complied or have failed to comply with the provisions of this Order or of the rules, regulations, and orders of the Secretary of Labor. (2) Recommend to the Department of Justice that, in cases in which there Is substantial or material violation or the threat of substantial or material violation of the contractual provisions set forth in Section 202 of this Order, appropriate proceedings be brought to enforce those provisions, including the enjoining, within the limitations of applicable law, of organizations, individuals, or groups who prevent directly or indirectly, or seek to prevent directly or indirectly, compliance with the provisions of this Order. (3) Recommend to the Equal Employment Opportunity Commission or the Department of Justice that appropriate proceedings be instituted under Title VII of the Civil Rights Act of 1964. (4) Recommend to the Department of Justice that criminal proceedings be brought for the furnishing of false information to any contracting agency or to the Secretary of Labor as the case may be. (S) Mier consulting with the contracting agency, direct the contracting agency to cancel, terminate, suspend, or cause to be cancelled, terminated, or suspended, any contract, or.any portion or portions thereo4 for failure of the contractor or subcontractor to comply with equal employment opportunity provisions o'f the contract. Contracts may be cancelled, terminated, or suspended absolutely or continuance of contracts may be conditioned upon a program for future compliance approved by the Secretary of Labor. (6) Provide that any contracting agency shall refrain from entering into further contracts, or extensions or other modifications of existing contracts, with any noncomplying contractor, until such contractor has satisfied the Secretary of Labor that such contractor has established and will carry out Exhitxt D IFB- WOW6- 1 0 /GMG - Term Contract for In -Place Asphaft Recyling M personnel and employment policies in compliance with the provisions of this Order. (b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the Secretary shall make reasonable efforts, within a reasonable time lirnhation, to secure compliance with the contract provisions of this Order by methods of conference, conciliation, mediation, and persuasion before proceedings shall be instituted under subsection (ax2) of this Section, or before a contract shall be cancelled or terminated in whole or in part under subsection (a)(5) of this Section. [Sec. 209 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 210. Whenever the Secretary of Labor makes a determination under Section 209, the Secretary shall promptly notify the appropriate agency. The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the Secretary of Labor within such time as the Secretary shall specify. if the contracting agency fails to take the action directed within thirty days, the Secretary may take the action directly. . [Sec. 210 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 2301 SEC. 211. If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective contractor unless the bidder or prospective contractor has satisfactorily complied with the provisions of this order or submits a program for compliance acceptable to the Secretary of Labor. [Sec. 211 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] SEC. 212. When a contract has been cancelled or terminated under Section 209(ax5) or a contractor has been debarred from further Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specified in Section 202 of this Order, the Secretary of Labor shall promptly notify the Comptroller General of the United States. [Sec. 212 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230] Subpart E - Certificates of Merit SEC. 213. The Secretary of Labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or other agencies which are or may hereafter be engaged in work under Government contracts, if the Secretary is satisfied that the personnel and Exhibit p IpB- 800806- 10/GMG -'Term Contract for In -Place Asphalt Rea �r +r employment practices of the employer, or that the personnel, training, apprenticeship, membership, of the labor union or grievance and representation, upgrading, and other practices and policies other agency conform to the purposes and provisions of this Order. SEC. 214, Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor if the holder thereof, in the judgment of the Secretary, has failed to comply with the provisions of this Order. SEC. 215. The Secretary of Labor may provide for the exemption of any employer, labor union, or other agency from any reporting requirements imposed under or pursuant to this Order if such employer, labor union, or other agency has been awarded a Certificate of Merit which has not been suspended or revoked. Part III - Nondiscrimination Provisions in Federally Assisted Construction Contracts SEC. 301. Each executive department and agency, which administers a program involving Federal financial assistance shall require as a condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurancA or guarantee, the provisions prescribed for Government contracts by Section 202 of this Order or such modification thereof, preserving in substance the contractor's obligations thereunder, as may be approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and protect the interest of . the United States in the enforcement of those obligations. Each such applicant shall also undertake and agree (1) to assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors with those contract provisions and with the rules, regulations' and relevant orders of the Secretary, (2) to obtain and to furnish to the Secretary of Labor such information as the Secretary may require for the supervision of such compliance, (3) to carry out sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of Labor pursuant to Part II, Subpart D, of this Order, and (4) to Exhibit D lFB. 600806 - to /GMG - Term Contract for In -Place Asphalt Recyling 10 refrain from entering into any contract subject to this Order, or extension or other modification of such a contract with a contractor debarred from Government contracts under Part II, Subpart D, of this Order. (Sec. 301 amended by EO 12086 of Oct. 5 1978, 43 FR 46501, 3 CM 1978 Comp., p. 2301 SEC. 302. "Construction contract" as used in this Order means any contract for the construction, rehabilitation, alteration, conversion, extension, or repair of buildings, highways, or other improvements to real property. (b) The provisions of Pad n of this Order shall apply to such construction contracts, and for purposes of such application the administering department or agency shall be considered the contracting agency referred to therein. (c) The term "applicant" as used in this Order means an applicant for Federal assistance or, as determined by agency regulation, other program participant, with respect to whom an application for any grant, contract, loan, insurance, or guarantee is not finally acted upon prior to the effective date of this Part, and it includes such an applicant after he/she becomes a recip'nent of such Federal assistance. SEC. 303. The Secretary of Labor shall be responsible for obtaining the compliance of such applicants with their undertakings under this Order. Each administering department and agency is directed to cooperate with the Secretary of Labor and to furnish the Secretary such information and assistance as the Secretary may require in the performance of the Secretary's functions under this Order. (b) In the event an applicant fails and mfuses to comply with the applicant's undertakings pursuant to this Order, the Secretary of Labor may, after consulting with the administering department or agency, take any or all of the following actions: (1) direct any administering department or icy to cancel, terminate, or suspend in whole or in part the agreement, contract or other arrangement with such applicant with respect to which the failure or refusal occurred; (2) direct any administering department or agency to refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received by the Secretary of Labor from such applicant; and (3) refer the case to the Department of Justice or the Equal Employment Opportunity Commission for appropriate law Exhibit D IF &600806- 10 /GMG - Term Contract for in -Place Asphalt Recyling 1 i enforcement or other proceedings. (e) In no ease shall action be taken with respect to an applicant pursuant to clause (1) or (2) of subsection (b) without notice and opportunity for hearing. [Sec. 303 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp, p. 230] SEC. 304. Any executive department or agency which imposes by rule, regulation, or order requirements of nondiscrimination in employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such responsibilities with respect to compliance standards, reports, and procedures as would tend to bring the administration of such requirements into conformity with the administration of requirements imposed under this Order. Provided, 'Phil actions to effect compliance by recipients of Federal financial assistance with requ'u�ements imposed pursuant to Title VI of the Civil Rights Act of 196 4 shall be taken in conformity with the procedures and limitations prescribed in Section 602 thereof and the regulations of the administering department or agency issued thereunder. Part IV - Miscellaneous SEC. 401. The Secretary of Labor may delegate to any officer, agency, or employee in the Executive branch of the Government, any function or duty of the Secretary under Paris II and III of this Order. [Sec. 401 amended by EO 12086 ofOct- 5,1978, 43 FR 46501, 3 CFR, 1978 Comp, p. 2301 SEC. 402. The Secretary of Labor shall provide administrative support for the execution of the program known as the "Plans for Progress." SEC. 403. Executive Orders Nos. 10590 (January 19 , 1955 10722 (August 5, 1957), 10925 (March 6, 1961), 11114 (turn 22, 1963), and 11162 (July 28, 1964), hereb su perseded the President's Committee on Equal Employment Opportunity established by Executive Order No. 10925 is hereby abolished. All records and property in the custody ofthe Committee shall be transferred to the Office of Personnel Management and the Secretary of Labor, as appropriate. (b) Nothing in this Order shall be deemed to relieve any person of any obligation assumed or imposed under or pursuant to any Executive Order superseded by this Order. All rules, regulations, orders, instructions, designations, and other directives issued by the President's Committee on Equal Employment Opportunity and those issued by the heads of various departments or agencies under or pursuant to any of the Executive orders superseded by this Order, shall, to the extent that they are Exhibit D {FB- 600806- t0 1 - Term Contract for In -Place Asphalt Recyfing 12 not inconsistent with this Order, remain in full force and effect unless and until revoked or superseded by appropriate authority. References in such directives to provisions of the superseded orders shall be deemed to be references to the comparable provisions of this Order. [Sec. 403 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p, 264] SEC. 404. The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with the provisions of this Order and of the rules and regulations of the Secretary of Labor. SEC. 405. This Order shall become effective thirty days after the date of this Order. Exhibit D IFB- 600808-10/GMG - Term Contract for In -Place Asphalt Rei4iing 13 K SECTION 2 FHWA Form 1273 Exhibit D IFB- 600806- 1D1GMG - Term Contract for in -Place Asphalt Recyling 14 FHWA -1273 Electronic version — March 10, 1994 REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination Ill Nonsearegated Facilities IV Payment of Predetermined Minimum Wage V Statements and Payrolls VI Record of Materials Supplies and Labor Vtl Sublettina or Assigning the Contract_ Vill Safety: Accident Prevention IX False Statements ncemIng Highway Projects X. Implementation of Clean Air Act and Federal Water Pollution Control Act XI. Certificat Regarding Debarment Suspension Ineligibility and Voluntary Exclusion A l Certification Regarding Use of Contract Funds for Lob bvin4 I. GENERAL 1. These contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 2. Except as otherwise provided for In each section, the contractor shall insert in each subcontract all of the stipulations contained In these Required Contract Provisions, and further require their inclusion in any lower tier subcontract or purchase order that may in turn be made. The Required Contract Provisions shall not be incorporated by reference in any case. The :prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these Required Contract Provisions. 3. A breach of any of the stipulations contained in these Required Contract Provisions shall be sufficient grounds for termination of the contract. 4. A breach of the following clauses of the Required Contract Provisions may also be grounds for debarment as provided in 29 CFR 5.12: Section I, paragraph 2; Section IV, paragraphs 1, 2, 3, 4, and 7; Section V, paragraphs 1 and 2a through 2g. 5. Disputes arising out of the labor standards provisions of Section IV (except paragraph 5) and Section V of these Required Contract Provisions shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the U.S. Department of Labor (DOL) as set forth in 29 CFR 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the DOL, or the contractor's employees or their representatives. Exhibit D IFB- 60081)6- 1 01GMG -'Term Contract for In -Place Asphalt Recyfing 15 6. Selection of Labor: During the performance of this contract, the contractor shall not: a, discriminate against labor from any other State, possession, or territory of the United States (except for employment preference for Appalachian contracts, when applicable, as specified in Attachment A), or b. employ convict labor for any purpose within the limits of the project unless it is labor performed by convicts who are on parole, supervised release, or probation. II. NONDISCRIMINATION (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or more.) 1. Equal Employment Opportunity: Equal employment opportunity (EEO requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630 and 41 CFR 60) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and Imposed pursuant to 23 U.S.C. 140 shall constitute the on standards for the contractor's project activities under EEO and specific affirmative act' this contract. The Equal Opportunity Construction Contract Specifications set forth under 41 CFR 60-4.3 and the provisions of the American Disabilities Act of 1990 (42 U.S.C. 12101 eA se q.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract in the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the State highway agency (SHA) and the Federal Government In carrying out EEO obligations and in their review of his/her activities under the contract. b. The contractor will accept as his operating policy the following statement: ,, It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, preapprenficeship, and/or on -the: jotrtraining. 2. EEO Officer: The contractor will designate and make known to the SHA contracting officers an EEO Officer, who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of EEO and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: Ali members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time Exhibit D IFB4800806- 10 1 GMG - Term contract for In -Place Asphalt Recyling 16 W the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minority group employees. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation. "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minority groups in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to abserve the provisions of that agreement to the extent that the system permits the contractor's compliance with EEO contract provisions. (The DOS has held that where implementation of such agreements have the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Executive Order 11246, as amended.) c. The contractor will encourage his present employees to refer minority group applicants for employment. Information and procedures with regard to referring minority group applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, Including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall. be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not Indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. Exhibit D iFB.600805- 10/GMG - Term Contract for In -Puce Asphalt RecykQ 17 ME c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall Include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor In connection with his obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. if the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of his avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on- the -job training programs for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. 7. unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use his/her best efforts d wom i within t o e ration of such to unions to increase opportunities for minority groups effect referrals by such unions of minority - and female' employees. Actions by the contractor either directly or through a contractor's association acting as agent will include the procedures set forth below: a. The contractor will use best efforts to develop, In cooperation with the unions, joint training programs aimed toward qualifying more minority group members and women for membership in the unions and increasing the skills of minority group employees and women so that they may qualify for higher paying employment. b. The contractor will use best efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such' Information to the Exhibit D IFB- 800808- 10/GMG - Term Contract for in -Place Asphalt Recyiing 18 contractor, the contractor shall so certify to the SHA and shall set forth what efforts have been made to obtain such information. d. in the event the union is unable to provide the contractor with a reasonable flow of minority and women referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age disability; making full efforts to obtain qualified and/or qualifiable minority group persons and women. (The DOL has held that it shall be no excuse that the union with which the contractor has a collective bargaining agreement providing for exclusive referral failed to refer minority employees.) In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the SHA. 8. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. a. The contractor shall notify all potential subcortractors and suppliers of histher EEO obligations under this contract. b. Disadvantaged business enterprises (DBE), as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the contractor enters Into pursuant to this contract. The contractor will use his best efforts to solicit bids from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees. Contractors shall obtain lists of DBE construction firms from SHA personnel. c. The contractor will use his best efforts to ensure subcontractor compliance with their EEO obligations. 9. Records and Reports: The contractor shall keep such records as necessary to document compliance with , the EEO requirements. Such records shall be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by authorized representatives of the SHA and, the FHWA. a. The records kept by the contractor shall document the following: (1) The number of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minority and female employees; and (4) The s progress and efforts subcontractors with e mea meaningful In mino securing and the female representation subcontractor s o among their employees. Exhibit D IFB- 600806- l 0/GMG - Term Contract for In -Place Asphalt RecyWV 19 Z b. The contractors will submit an annual report to the SNA each July for the duration of the project, Indicating the number of minority, women, and non - minority group employees currently engaged in each work classification required by the contract work. This Information is to be reported on Form FNWA -1391. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. III. NONSEGREGATED FACILITIES (Applicable to all Federal -aid construction contracts and to all related subcontracts of $10,000 or'more.) a. By submission of this bid, the execution of this contract or subcontract, or the consummation of this material supply agreement or purchase order, as appropriate, the bidder, Federal -aid construction contractor, subcontractor, material supplier, or vendor, as appropriate, certifies that the firm does not maintain or provide for its employees any segregated facilities .at any of its establishments, and that the firm does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The firm agrees that a breach of this certification is a violation of the EEO provisions of this contract. The firm further certifies that no employee will be denied access to adequate facilities on the basis of sex or disability. b. As used In this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocks, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive, or are, in fact, segregated on the basis of race, color, religion, national origin, age or disability, because of habit, local custom, or otherwise. The only exception will be for the disabled when the demands for accessibility override (e.g. disabled parking). c. The contractor agrees that it has obtained or will obtain identical certification from proposed subcontractors or material suppliers prior to award of subcontracts or consummation of material supply agreements of $10,000 or more and that it will retain such. certifications in its files. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as focal roads or rural minor collectors, which are exempt.) 1. General: a. All mechanics and laborers employed or working upon the site of the work will be paid unconditionally and not less often than once a week and without subsequent deduction or rebate on any account [except such payroll deductions as are permitted by regulations (29 CFR 3) issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276c)j the full amounts of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment. The payment shall be computed at wage rates not less than those contained in the wage determination of the Secretary of Labor (hereinafter "the wage determination ") which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or its subcontractors and such laborers and mechanics. The wage determination (including any additional classifications and wage rates conformed under Exhibit D IFB- 800806- 101GMG - Term Contract for In-Place Asphalt Recyiing 20 paragraph 2 of this Section IV and the DOL poster (WH -1321) or Form FHWA -1495) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. For the purpose of this Section, contributions made or costs reasonably anticipated for bona fide fringe benefits under Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of Section IV, paragraph 3b, hereof. Also, for the purpose of this Section, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in paragraphs 4 and 5 of this Section IV. b. Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided, that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. c. All rulings and interpretations of the Davis -Bacon Act and related acts contained in 29 CFR 1, 3, and 5 are herein incorporated by reference in this contract. 2. Classification: a. The SHA contracting officer shall require that any class of laborers or mechanics employed under the contract, which is not listed in the wage determination, shall be classified in conformance with the wage determination. b. The contracting officer shall approve an additional classification, wage rate and fringe benefits only when the following criteria have been met: (1) the work to be performed by the additional classification requested is not performed by a classification in the wage determination; (2) the additional classification is utilized in the area by the construction industry; (3) the proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained In the wage determination; and (4) with respect to helpers, when such a classification prevails in the area In which the work is performed. C. If the contractor or subcontractors, as appropriate, the laborers and mechanics (if known) to be employed in the additional classification or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the DOL, Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, D.C. 20210, The Wage and Hour Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. ExNbtt D IFB- 6M806- 1o1GMG - Term Contract for In-ftw Asphalt Recyling 21 d. In the event the contractor or subcontractors, as appropriate, the laborers or mechanics to be employed in the additional classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. Said Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary e. The wage rate (including fringe benefits where appropriate) determined pursuant to paragraph 2c or 2d of this Section IV shall be paid to all workers performing work in the additional classification from the first day on which work is performed In the classification. 3. Payment of Fringe Benefits: a. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which Is not expressed as an hourly rate, the contractor or subcontractors, as appropriate, shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly case equivalent thereof. b. If the contractor or subcontractor, as appropriate, does not make payments to a trustee or other third person, he /she may consider as a part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 4. Apprentices and Trainees (Programs of the U.S. DOL) and Helpers: a. Apprentices: (1) Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the DOL, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State apprenticeship agency reoognized by the Bureau, or if a person is employed In his/her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State apprenticeship agency (where appropriate) to be eligible for probationary employment as an apprentice. (2) The allowable ratio of apprentices to journeyman -level employees on the job site In any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any employee listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate listed in the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor or subcontractor Is performing construction on a project In a locality other than that in which its program is registered, the ratios and wage rates Exhibit D 1F8- 600806- 1o/GMG - Term Contract for in -Place Asphalt Recyling 22 M (expressed in percentages of the journeyman -level hourly rate) specified In the contractor's or subcontractor's registered program shall be.observed. (3) Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeyman -level hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator for the Wage and Hour Division determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. (4) In the event the Bureau of Apprenticeship and Training, or a State apprenticeship agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor or subcontractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the comparable work performed by regular employees until an acceptable program is approved. b. Trainees: (1) Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the DOL, Employment and Training Administration. (2) The ratio of trainees to journeyman -level employees on the job site shall not be greater than. permitted under the plan approved by the Employment and Training Administration. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training. Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. (3) Every trainee must be paid at not less than the rate specified in the approved program for his/her level of progress, expressed as a percentage of the journeyman- level, houdy.rate specified In the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention .fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there Is an apprenticeship program associated with the corresponding journeyman -level wage rate on the wage determination which provides for less than full fringe benefits for apprentices, In which case such trainees shall receive the same fringe benefits as apprentices. (4) In the event the Employment and Training Administration withdraws approval of a training program, the contractor or subcontractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Exhlblt D IFB- 600806- 101GMG - Term Contract for In -Place Asphalt Recyiing 23 c. Helpers: Helpers will be permitted to work on a project if the helper. classification is specified and defined on the applicable wage determination or is approved pursuant to the conformance procedure set forth in Section IV.2. Any worker listed on a payroll at a helper wage rate, who is not a helper under a approved definition, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. 5. Apprentices and Trainees (Programs of the U.S. DOT): Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 6. Withholding: The SHA shall upon its own action or upon written request of an authorized representative of the DOL withhold, or cause to be withheld, from the contractor or subcontractor under this contract or any other Federal contract with the same prime contractor, or any other Federally- assisted contract subject to Davis -Bacon prevailing wage requirements which is held by the same prime contractor, as much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, Including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the SHA contracting officer may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 7. Overtime Requirements: No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers, mechanics, watchmen, or guards (including apprentices, trainees, and helpers described in paragraphs 4 and 5 above) shall require or permit any laborer, mechanic, watchman, or guard in any workweek in which he/she is employed on such work, to work in excess of 40 hours in such workweek unless such laborer, mechanic, watchman, or guard receives compensation at a rate not less than one- and - one -half times his /her basic rate of pay for all hours worked in excess of 40 hours in such workweek. 8. Violation: Liability for Unpaid Wages; Liquidated Damages: In the event of any violation of the clause set forth in paragraph 7 above, the contractor and any subcontractor responsible thereof shall be liable to the affected employee for his/her unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with Exhb1t 0 IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recyling 24 respect to each individual laborer, mechanic, watchman, or guard employed in violation of the clause set forth in paragraph 7, in the sum of $10 for each calendar day on which such employee was required or permitted to work in excess of the standard work week of 40 hours without payment of the overtime wages required by the clause set forth in paragraph 7. 9. Withholding for Unpaid Wages and Liquidated Damages: The SHA shall upon its own action or upon written request of any authorized representative of the DOL withhold, or cause to be withheld, from any monies payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other Federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which Is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided In the clause set forth in paragraph 8 above. V. STATEMENTS AND PAYROLLS (Applicable to all Federal -aid construction contracts exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural collectors, which are exempt.) 1. Compliance with Copeland Regulations (29 CFR 3): The contractor shall comply with the Copeland Regulations of the Secretary of Labor which are herein incorporated by reference. 2. Payrolls and Payroll Records: a. Payrolls and basic records relating thereto shall be maintained by the contractor and each subcontractor during the course of the work and preserved for a period of 3 years from the date of completion of the contract for all laborers, mechanics, apprentices, trainees, watchmen, helpers, and guards working at the site of the work. b. The payroll records shall contain the name, social security number, and address of each such employee; his or her correct classification; hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalent thereof the types described In Section 1(bx2XB) of the Davis Bacon Act); daily and weekly number of hours worked; deductions made; and actual wages paid. In addition, for Appalachian contracts, the payroll records shall contain a notation Indicating whether the employee does, or does not normally reside in the labor area as defined in Attachment A, paragraph 1. Whenever the Secretary of Labor, pursuant to Section IV, paragraph 3b, has found that the wages of any laborer or mechanic Include the amount of any costs reasonably anticipated In providing benefits under a plan or program described in Section 1(bx2)(B) of the Davis Bacon Act, the contractor and each subcontractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, that the plan or program has been communicated In writing to the laborers or mechanics affected, and show the cost anticipated or the actual cost incurred in providing benefits. Contractors or subcontractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprentices and trainees, and ratios and wage rates prescribed in the applicable programs. Exhibit D IFB- 600806 -I O/GMG -Term Contract for In -Place Asphalt Recyling 25 c. Each contractor and subcontractor shall furnish, each week In which any contract work is performed, to the SHA resident engineer a payroll of wages paid each of its employees (including apprentices, trainees, and helpers, described in Section IV, paragraphs 4 and 5, and watchmen and guards engaged on work during the preceding weekly payroll period). The payroll submitted shall set out accurately and completely all of the information required to be maintained under paragraph 2b of this Section V. This information may be submitted in any form desired. Optional Form WH -347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal stock number 029 -005- 0014 -1), U.S. Government Printing Office, Washington, D.C. 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. d. Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his/her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) that the payroll for the payroll period contains the information required to be maintained under paragraph 2b of this Section V and that such information is correct and complete; (2) that such laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or Indirectly from the full wages earned, other than permissible deductions as set forth in the Regulations, 29 CFR 3; (3) that each laborer or mechanic has been paid not less that the applicable wage rate and fringe benefits or cash equivalent for the classification of worked performed, as specified in the applicable wage determination incorporated into the contract. e. The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph 2d of this Section V. f. The falsification of any of the above certifications may subject the contractor to civil or criminal prosecution under 18 U.S.C. 1001 and 31 U.S.C. 231. g. The contractor or subcontractor shall make the records required under paragraph 2b of this Section V available for inspectlon, copying, or transcription, by authorized representatives of the SHA, the FHWA, or the DOL, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor falls to submit the required records or to make them available, the SHA, the FHWA, the DOL, or all may, after written notice to the contractor, sponsor, applicant, or owner, take such actions as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. VI. RECORD OF MATERIALS, SUPPLIES, AND LABOR 1. On all Federal -aid contracts on the National Highway System, except those which provide solely for the installation of protective devices at railroad grade crossings, those which are constructed on a force account or direct labor basis, highway beautification Exhibit D IFB- 800806- 10/GMG - Term Contract for In -Place Asphalt Recyling 26 W contracts, and contracts for which the total final construction cost for roadway and bridge is less than $1,000,000 (23 CFR 635) the contractor shall: a. Become familiar with the list of specific materials and supplies contained In Form FHWA -47, "Statement of Materials and Labor used by Contractor of Highway Construction Involving Federal Funds," poor to the commencement of work under this contract. b. Maintain a record of the total cost of all materials and supplies purchased for and incorporated in the work, and also of the quantities of those specific materials and supplies listed on Form FHWA -47, and in the units shown on Form FHWA -47. c. Furnish, upon the completion of the contract, to the SHA resident engineer on Form FHWA -47 together with the data required in paragraph 1b relative to materials and supplies, a final labor summary of all contract work indicating the total hours worked and the total amount earned. . 2. At the prime contractor's option, either a single report covering all contract work or separate reports for the contractor and for each subcontract shall be submitted. VII. SUBLETTING OR ASSIGNING THE CONTRACT 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty Items designated by the State. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635). a. "Its own organization" shall be construed to include only workers employed and paid directly by the prime contractor and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor, assignee, or agent of the prime contractor. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized. knowledge, abilities, or. equipment not ordinarily available In the type of contracting organizations qualified. and expected to bid on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph 1 of Section VII is computed includes the cost.of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall fumish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work In accordance with the contract requirements, and Is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organtzational resources (supervision, management, and engineering services) as the SHA contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the SHA contracting officer, or authorized representative, and Exhibit D IFB- 600806- 10IGMG - Term Contract for In -Place Asphalt Recyling 27 such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the SHA has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. VIII. SAFETY: ACCIDENT PREVENTION 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other. needed actions as it determines, or as the SHA contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. it is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, In performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to hislher health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 3. Pursuant to 29 C!✓R 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). IX. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to assure high quality and durable construction In conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal -aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, the following notice shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: NOTICE TO ALL PERSONNEL ENGAGED ON FEDERAL -AID HIGHWAY PROJECTS 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used_ or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation, or Exhibit D IFB- 600806- 10/GMG - Term Contract for In -Place Asphalt Recyling 28 M Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of . any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented, Shall be fined not more that $10,000 or imprisoned not more than 5 years or both. " X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all Federal -aid construction contracts and to all related subcontracts of $100,000 or more.) By submission of this bid or the execution of this contract, or subcontract, as appropriate, the bidder, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any facility that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et M., as amended by Pub.L. 91 -604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seg., as amended by Pub.L. 92 -500), Executive Order 11738, and regulations In implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. 2. That the firm agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control At and all regulations and guidelines listed thereunder. 3. That the firm shall promptly notify the SMA of the receipt of any communicat Act ion from the Director, Office of Federal Activities, EPA, indicating that a facility that is or will be utilized for the contract Is under consideration to be listed on the EPA List of Violating Facilities. 4. That the firm agrees to include or cause to be included the requirements of paragraph 1 through 4 of this Section X in every nonexempt subcontract, and further agrees to take such action as the government may direct as a means of enforcing such requirements. Xi. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION 1. Instructions for Certification - Primary Covered Transactions: (Applicable to all Federal -aid contracts - 49 CFR 29) a. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. Exhibit D IFB- 600806- lo1GMG - Term Contract for In -Place Asphalt Racyling 29 b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause_ is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. d. The' prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. -e. The terms "covered transaction," "debarred," "suspended," "Ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out In the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is submitted for assistance in obtaining a copy of those regulations. f. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which It determines the eligibility of its principals. Each participant may, but is not required to, Check the . nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" (Nonprocurement List) which is compiled by the General Services Administration. I. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render In good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Exhibit D IFB- 600806- 10/GMG - Term Contract for in -Place Asphalt Recy*V 30 J. Except for transactions authorized under paragraph f of these instructions, if a participant In a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, irieiigible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a 3-year period preceding this proposal been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining,, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated In paragraph 1b of this certification; and d. Have not within a 3 -year period preceding this application /proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements In this certification, such prospective participant shall attach an explanation to this proposal. 2. instructions for Certification - Lower Tier Covered Transactions: (Applicable to all subcontracts, purchase orders and other lower tier transactions of $25,000 or more - 49 CFR 29) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an , erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Exhibit D IFB- 600806 -1 O /GMG - Term Contract for trrPiace Asphalt Recyling 31 M c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "primary covered transaction," "participant," "person," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules Implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered Into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. g. A participant in a covered transaction may rely upon a certification of a prospective participant In a lower tier covered transaction that Is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List. h. Nothing contained In the foregoing shall be construed to require establishment of a system of records in order to render In good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person In the ordinary course of business dealings. i. Except for transactions authorized under paragraph a of these Instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, .debarred, Ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- -Lower Tier Covered Transactions: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Exhibit D IFB.600BM10/GMG - Term Contract for In -Place Asphalt Recyling 32 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XIi. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING (Applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 - 49 CFR 20) 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to Influence an officer or employee 'of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress .in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to Influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering Into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the.language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. Exhibit D IFB- 600806- 10/GMG - Term Contract for In -Place Asphalt Recyling 33 off SECTION 3 FDOT Specifications Section 6.12.1- 6.12.2 Convict Labor & Source of Steel Exhibit D IFB- 600806- 10/GMG - Term Contract for In -Place Asphalt Recyling 34 6 -12 Products and Source of Supply. 6 -12:1 Source of Supply — Convict Labor (Federal -Aid Contracts Only): Do not use materials that were produced after July 1, 1991, by convict labor for Federal -aid highway construction projects unless the prison facility has been producing convict -made materials for Federal -aid highway construction projects before July 1, 1987. Use materials that were produced prior to July 2, 1991, by convicts on Federal -aid highway construction projects free from the restrictions placed on the use of these materials by 23 U.S.C. 114. The Department will limit the use of materials produced by convict labor for use in Federal -aid highway construction projects to: 1 materials produced by convicts on parole, supervised release, or probation from a prison or, 2 materials produced in a qualified prison facility. The amount of such materials produced for Federal -aid highway construction during any 12 -month period shall not exceed the amount produced in such facility for use in such construction during the 12 -month period ending July 1, 1987. 6 -12.2 Source of Supply -Steel (Federal -Aid Contracts Only): For Federal -aid Contracts, only use steel and iron produced in the United States, in accordance with the Buy America provisions of 23 CFR 635.410, as amended. Ensure that all manufacturing processes for this material occur in the United States. As used in this specification, a manufacturing process is any process that modifies the chemical content, physical shape or size, or final finish of a product, beginning with the initial melding and mixing and continuing through the bending and coating stages. A manufactured steel or iron product is complete only when all grinding, drilling, welding, finishing and coating have been completed. If a domestic product is taken outside the United States for any process, it becomes foreign source material. When using steel and iron as a component of any manufactured product incorporated into the project (e.g., concrete pipe, prestressed beams, corrugated steel pipe, etc.), these same provisions apply, except that the manufacturer may use minimal quantities of foreign steel and iron when the cost of such foreign materials does not exceed 0.1% of the total Contract amount or $2,500, whichever is greater. These requirements.are applicable to all steel and iron materials incorporated into the finished work, -but are not applicable to steel and iron items that the Contractor uses but does not incorporate into the finished work. Provide a certification from the producer of steel or iron, or any product containing steel or iron as a component, stating that all steel or iron furnished or incorporated into the furnished product was manufactured in the United States in accordance with the requirements of this specification and the Buy America provisions of 23 CFR 635.410, as amended. Such certification shall also include (1) a statement that the product was produced entirely within the United States, or (2) a statement that the product was produced within the United States except for minimal quantities of foreign steel and iron valued at $ (actual value Furnish each such certification to the Engineer prior to incorporating the material into the project. When FHWA allows the use of foreign steel on a project, furnish invoices to document the cost of such material, and obtain the Engineer's written approval prior to incorporating the material into the project. ExHbit p I1 600806 -1 WGMG - Term Contract for In -Place Asphalt Recyling 35 M SECTION 4 FDOT Special Provision 7.16 & Davis -Bacon Wage Tables Exhibit p IFB- 600806- 10 /GMG - Term Contract for In -Place Asphalt Recyling 36 WAGE RATES FOR FEDERAL -AID PROJECTS. (REV 1 -3 -03) (FA 5- 16-03) (7-08) ARTICLE 7 -16 (Page 76) is expanded by the following: For this Contract, payment of predetermined minimum wages applies. The U.S. Department of Labor Wage Rates applicable to this Contract are listed in Wage Rate Decision Numbers! 1 $ µ __== �.:r.::w= ~' _ as modified u through ten days prior () �,......,.� P gh Y P to the opening of bids. Obtain the applicable General Decision(s) (Wage Tables) through the Department's website and ensure that employees receive the minimum wages applicable. Review the General Decisions for all classifications necessary to complete the project. Request additional classifications through the Engineer's office when needed. When multiple wage tables are assigned to a Contract, general guidance of their use and examples of construction applicability is available on the Department's website. Contact the Department's Wage Rate Coordinator before bidding if there are still questions concerning the applicability of multiple wage tables. The URL for obtaining the Wage Rate Decisions is www. dot. state .fl.us /construction/wage.htm . Contact the Department's Wage Rate Coordinator at (850) 414 -4492 if the Department's website cannot be accessed or there are questions. Exhibit D IFB- 6008o6-10/GMG - Term Contract for In -Place Asphalt RecyMg 37 Pagel of 4 General Decision Number: FLO80336 10/09/2009 FL336 State: Florida Construction Type: Highway County: Seminole County in Florida. HIGHWAY CONSTRUCTION PROJECTS Modification Number Publication Date 0 10/09/2009 ELECO606 -004 04/01/2009 Rates Fringes ELECTRICIAN ......................$ 22.90 8.08 SUFL2009 -233 08/05/2009 Fringes 1.06 0.10 2.23 0.00 1.37 3.88 0.00 0.00 0.00 0.00 0.55 0.00 0.00 1.80 0.26 1.96 Exhibit D tFB- 600806- 10/GMG - Term contract for in -Place Asphalt Recyling http:// www. wdol. gov/ wdol/scafiles /davisbacon/FL 38 10/12/2009 Rates CARPENTER, Including Form Work...$ 11.67 CEMENT MASON /CONCRETE FINISHER...$ 13.23 HIGHWAY /PARKING LOT STRIPING: Operator (Striping Machine).....$ 11.97 HIGHWAY /PARKING LOT STRIPING: Painter..... ...................$ 13.31 IRONWORKER, REINFORCING .......... $ 14.50 IRONWORKER, STRUCTURAL ........... $ 16.75 LABORER: Asphalt Raker .......... $ 10.81 LABORER: Asphalt Shoveler ....... $ 10.70 LABORER: Common or General ...... $ 9.12 LABORER: Flagger ................$ 8.58 LABORER: Grade Checker .......... $ 10.50 LABORER: Landscape and Irrigation .......................$ 9.77 LABORER: Luteman ................$ 10.32 LABORER: Mason Tender - Cement /Concrete ..................$ 12.00 LABORER: Pipelayer ..............$ 11.93 LABORER: Power Tool Operator (Hand Held Drills /Saws, Jackhammer and Power Saws ........ $ 11.23 Fringes 1.06 0.10 2.23 0.00 1.37 3.88 0.00 0.00 0.00 0.00 0.55 0.00 0.00 1.80 0.26 1.96 Exhibit D tFB- 600806- 10/GMG - Term contract for in -Place Asphalt Recyling http:// www. wdol. gov/ wdol/scafiles /davisbacon/FL 38 10/12/2009 Page 2 of 4 OPERATOR: Asphalt Paver ......... $ 11.98 0.00 OPERATOR: Asphalt Plant ......... $ 12.20 0.00 OPERATOR: Asphalt Spreader ...... $ 11.38 0.00 OPERATOR: Auger .................$ 19.40 0.44 OPERATOR: Backhoe Loader Combo ................. ........,$ 15.33 0.97 OPERATOR: Backhoe /Excavator ..... $ 13.76 0.97 OPERATOR: Boom ..................$ 16.51 0.00 OPERATOR: Bulldozer .............$ 13.49 0.93 OPERATOR: Crane .................$ 17.25 1.42 OPERATOR: Distributor ........... $ 11.50 0.00 OPERATOR: Drill .................$ 13.00 1.58 OPERATOR: Grader/Blade .......... $ 11.50 0.00 OPERATOR: Loader ................$ 11.33 0.97 OPERATOR: Mechanic ..............$ 16.31 3.76 OPERATOR: Milling Machine ....... $ 12.24 0.00 OPERATOR: Oiler .................$ 12.64 0.95 OPERATOR: Paver .................$ 12.14 0.77 OPERATOR: Piledriver ............ $ 19.00 5.77 OPERATOR: Roller ................$ 10.83 0.00 OPERATOR: Scraper ...............$ 11.16 1.12 OPERATOR: Screed ................$ 11.35 0.00 OPERATOR: Tractor ...............$ 11.08 1.61 OPERATOR: Trencher ..............$ 13.41 0.49 PAINTER: Spray and Steel ......... $ 16.62 0.00 TRUCK DRIVER: 10 Yard Haul Away Truck .......................$ 12.50 0.00 TRUCK DRIVER: 3 Axle Truck ......$ 12.82 2.22 TRUCK DRIVER: 4 Axle Truck ...... $ 11.59 0.00 TRUCK DRIVER: Distributor ....... $ 12.89 1.85 TRUCK DRIVER: Dump Truck ........ $ 10.00 0.00 Exhibit D IFB- 600806- 10/GMG - Term Contract for in -Place Asphalt Recyling http:// www. wdol. gov/ wdol/scafileVoavisbacon/FL 39 10/12/2009 Page 3 of 4 TRUCK DRIVER: Lowboy Truck ...... $ 11.00 0.00 TRUCK DRIVER: Material Truck....$ 12.76 9.80 TRUCK DRIVER: Single Axle 0.00 Truck ............................$ 10.30 TRUCK DRIVER: Tractor Haul 0.00 Truck ............................$ 10.64 TRUCK DRIVER: Water Truck ....... $ 10.50 0.00 TRUCK DRIVER .....................$ 9.75 ---------------------- ------------------------------- 1---- - - - - -- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a)(1)(ii)). In the listing above, the "SU" designation means that rates listed under the identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices Exhibit D IFS- 600806- 10/GMG - Term contract for In -Place Asphalt Recyling 40 http:// www. wdOl. gov/ wdol /scafiles /davisbacon/FL 10/12/2009 i i Page 4 of 4' have responsibility for the Davis -Bacon survey program. if the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part.1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION Exhibit D IFB. 600806-1 o/GMG -Term Contract for in -place AspNh Recyling 41 10/12/2009 http:// www. wdol. gov/ wdol/scafiles /davisbacon/FL336.dvb SECTION 5 Suspension & Debarment, Non - Collusion, & Lobbying Certification Exhibit D IFB- 600806- 101GMG - Term Contract for in -Place Asphalt Recyling 42 LOCAL AGENCY PROGRAM /FEDERAL -AID CERTIFICATION The Bidder hereby declares that the undersigned is the person or persons responsible within the firm for the final decision as to the price(s) and amount of this bid and the Bidder further declares that 1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder. 2. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to the bid opening. 3. No attempt has been made or will be made to solicit, cause, or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non - competitive bid or other form of complementary bid. 4. The bid is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any other firm or person to submit a complementary bid. 5. The Bidder has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised, or paid cash or anything of value to any other Bidder or person, whether in connection with this or any other project, in consideration for an agreement or promise by any other firm or person to refrain from bidding or to submit a complementary bid on this project. 6. The Bidder has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any other firm or person, and has not been promised or paid cash or anything of value by any other firm or person, whether in connection with this or any other project, in consideration for the firm's submitting a complementary bid, or agreeing to do so, on this project. 7. The Bidder has made a diligent inquiry of all members, officers, employees, and agents of the Bidder with responsibilities relating to the preparation, approval or submission of the firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representations made in this Declaration. Local Agency Program/Federal-Aid Certification Page 1 of 3 Exhibit D IFB- 600806- 10 /GMG - Term Contract roi In -Place Asphalt Recyling 43 8. As required by Section 337.165, Florida Statutes, the Bidder has fully informed the CITY in writing of all convictions of the firm, its affiliates (as defined in Section 337.165(1)(a), Florida Statutes), and all directors, officers, and employees of the firm and its affiliates for violation of state or federal antitrust laws with respect to a public contract or for violation of any state or federal law involving fraud, bribery, collusion, conspiracy, or material misrepresentation with respect to a public contract. This includes disclosure of the names of current employees of the firm or affiliates who were convicted of contract crimes while in the employ of another company. 9. The Bidder certifies that, except as noted below, neither the firm nor any person associated therewith in the capacity of owner, partner, director, officer, principal, investigator, project director, manager, auditor, and /or position involving the administration of federal funds: a. is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions, as defined in 49 CFR s29.1 10(a), by any federal department or agency; b. has within a three -year period preceding this certification been convicted of or had a civil judgment rendered against it for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local government transaction or public contract; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. is presently indicted for or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph 9(b) of this certification; and d. has within a three -year period preceding this certification had one or more federal, state, or local government public transactions terminated for cause or default. 10. The Bidder certifies that it shall not knowingly enter into any transaction with .any subcontractor, material supplier, or vendor who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this project by any federal agency unless authorized by the CITY. Local Agency Prognim/Federal Aid Certification Page 2 of 3 Exhibit D 1FB- 600806-1 OIGMG - Term Contract for in -Place Asphalt Recyiing 44 M 11. The firm certifies that the bidder is not a nonresident alien, or a foreign corporationtentity formed under the laws of a country other than the United States. 12.The Bidder certifies that no Federally appropriated funds have been paid, or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence any officer or employee of any Federal agency, a Member of Congress an officer or employee of Congress, or an employee of a Member. of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative. agreement. If any funds other than Federally appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Where the Bidder is unable to declare or certify as to any of the statements contained in the above stated paragraphs numbered (1) through (12), the Bidder has provided an explanation by attached separate sheet. Pr* Name zo / x Local Agency progm /Fedend -Aid Catification Page 3 of 3 Exhibit D IFB- 600806- 10lGMG - Term Contract for In -Place Asphalt Recyfing 45 SECTION 6 FDOT Disadvantaged Business Enterprise Program Exhibit D IFB- 800806- 1 0IGMG - Term Contract for In -Place Asphalt Recyiing 46 SECTION 7 FDOT Special Provisions Disadvantaged Business Enterprise Program ExhlbR d lFg- 600806- 1 0JGMG - Term Contract for in -Place AsphaR Recyling 55 DISADVANTAGED BUSINESS ENTERPRISE PROGRAM. (REV 2 -6 -08) (FA 4- 18-08) (1 -09) SECTION 7 (Pages 60 -78) is expanded by the following: 7 -24 Disadvantaged Business Enterprise Program. 7 -24.1 General: Prior to award of the Contract, have an approved Disadvantaged Business Enterprise (DBE) Affirmative Action Program Plan filed with the Equal Opportunity Office. Update and resubmit the plan every three years. No Contract will be awarded until the Department approves the Plan. The DBE Affirmative Action Program Plan and commitment to carry out the Plan must be incorporated into and become a part of the awarded Contract. 7 -24.2 Required Contract and Subcontract DBE Assurance Language: Per 49 CFR 26.13 (b) each Contract FDOT signs with a Contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The Contractor, sub - recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT- assisted Contracts. Failure by the Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy as the recipient deems appropriate" 7 -24.3 Plan Requirements: Include the following in the DBE Affirmative Action Program PIan: (a) A policy statement, expressing a commitment to use DBEs in all aspects of contracting to the maximum extent feasible. The policy making body must issue a policy statement signed by the chairperson, which expresses its commitment to utilize DBEs, outlines the various levels of responsibility, and states the objectives of the program. Circulate the policy statement throughout the Contractor's organization. (b) The designation of a Liaison Officer within the Contractor's organization, as well as support staff, necessary and proper to administer the program, and a description of the authority, responsibility, and duties of the Liaison Officer and support staff. The Liaison Officer and staff are responsible for developing,.managing, and implementing the program on a day -to- day basis for carrying out technical assistance' activities for DBEs and for disseminating information on available business opportunities so that DBEs are provided an equitable opportunity to participate in Contracts let by the Department. Use techniques to facilitate DBE participation in contracting activities which include, but are not limited to: 1. Soliciting price quotations and arranging a time for the review of plans, quantities, specifications, and delivery schedules, and for the preparation and presentation of quotations. 2. Providing assistance to DBEs in overcoming barriers such as the inability to obtain bonding, financing, or technical assistance. 3. Carrying out information and communication programs or workshops on contracting procedures and specific contracting opportunities in a timely manner, with such programs being bilingual where appropriate. Exhibit D IFB- 600806- 10/GMG - Term Contract for In -Place Asphalt Recyling 56 W 4. Encouraging eligible DBEs to apply for certification with the Department. 5. Contacting Minority Contractor Associations and city and county agencies with programs for disadvantaged individuals for assistance in recruiting and encouraging eligible DBE contractors to apply for certification with the Department. 7 -24.4 DBE Records and Reports: Submit the Anticipated DBE Participation Statement at or before the Pre - Construction Conference. Report monthly, through the Equal Opportunity Reporting System on the Department's Website, actual payments, retainage, of all DBE and Minority Business Enterprise (MBE) subcontractors and DBE and MBE construction material and major suppliers. The Equal Opportunity Office will provide instructions on accessing this system. Develop a record keeping system to monitor DBE affirmative action efforts which include the following: (a) the procedures adopted to comply with these Specifications; (b) the number of subordinated Contracts on Department projects awarded to DBEs; (c) the dollar value of the Contracts awarded to DBEs; (d) the percentage of the dollar value of all subordinated Contracts awarded to DBEs as a percentage of the total Cont ract amount; (e) a description of the general categories of Contracts awarded to DBEs; and (f) the specific efforts employed to identify and award Contracts to DBEs. Upon request, provide the records to the Department for review. All such records are required to be maintained for a period of five years following acceptance of final payment and have them available for inspection by the Department and the Federal Highway Administration. Exhibit D IF"00806- 101GMG - Tenn Contract for In -Place Asphalt Recong 57 "I m Florida Department of Transportation COARtYE CRIST GOVERNOR 605 Suwannee Street Tallahassee, FL 32399 -0450 STEPS ANIa C. KOPELousos SECRETARY April 5, 2010 MR THEODORE BITOMSKI - ASPHALT RECYCLING INC P O BOX 510875 MELBOURNE BCH FL 32951 -0875 RE: DBE AFFIRMATIVE ACTION PLAN APPROVAL Dear Mr. BkomsW': The Disadvantaged Business Enterprise Affirmative Acton Plan submitted by: ASPHALT RECYCLING INC has been approved for a period of three years. Please update and submit a new plain before the expiration date shown below. if you do not plan to work on any Florida Department of Transportation projects, it will not be necessary -for you to submit a new plan. If you need any additional information, please contact me at (850) 4144742. Sincerely, Erica Miller Contract Compliance Administrator Equal Opportunity Office . EM/cIg AFFIRMATIVE ACTION PLAN EXPIRATION: March 29, 2.013 wwwAct.state.fl.us OD MCMM PAM W Asphalt Recycling Inc. P.O. Box 510875�� Melbourne Beach, FL 32951 -0875 '�L AFOR Ft1�y� �' r ��FtCk 321 -632 -6552 fax 321- 632 -6395 10 P %R 2 9 PM12. t DBE AFFMMATM ACTION PLAN MLICY S'1 AAM1'EME#'[' It is the policy of Asphalt Recycling, 1w. that disadvanta8ed businesses, as defined. by 49 CFR Part 26, Subpart D and imple�iented under Rule Chapter 14-78, FA-C., shall have the opportunity to participate as subcoQUtractors and suppliers on all coW racis awarded by the Florida Deparbnent of Thnsportation. Tie requirements of Rule Chapter 14-78, F.A.C., shall apply to all contracts cared into between the Florida Department of Transportation and Asphalt Recycling Inc. Subcontractors andfor suppliers to Asphalt Rocycling Im. will also be bound by the requirements of Rule ClwVW 14-78, F.A.C., to ensure that disadvantaged b Udfkmws have the opportunity to compete and per u m work cow with the Florida Depariment of Transportation Asphalt Recycling Inc. and its subcoxtracburs shall not discriminate on the basis of race, color, religion, national origK disability, sex, or age in the administration of cow with the Depatnent of Transportation. Asphalt Recycling Inc. has designated and appomfed a Liaison Officer to develop, maintain, and monitor the DBE Affirmative Action Plan implea>zon The Liaison Officer will be responsible for disseminaft this policy statement tbroughout Asphalt Recycling Inc. and. to disadvantaged controlled businesses. The statement is posted on notice boards of the Compaay. Theodore Bitamski, President . . . . . . . &W- YA. 411, o -,(-, - - - �, -- Asphalt Recycling Inc. P.O. Boa 510875 Melbourne Beach, FL 32951 -0875 321- 632 -6552 fax 321 -632 -6395 DBE AFFMMATIVE ACTION PLAN A Vhalt Reucling Inc. will a resmwly recruit disadvantaged businesses as subcou tactors and suppliers for all contracts with the Florida Department of Transportation. The Company has appointed a Liaison Office to develop and maintain this Affirmative Action Plan in accor with the requirements of Rule Chapter 1478, FAX. The Lialsoa Offiim will have primaq req)onsibift for developm& maintaining, and monitoring ft Company's utilization of disadvantaged subcontractors in addition to the following gpdfic duties: (1) The Liaison Officer shall aggressively solicit bids from disadvantaged bps subcontractors for all Florida Department of Transportation contracts; (2) The Liaison Office will submit all reds, reports, and docoments required by the Florida Department of Tfa on, and shall maintain such records for a period of not less than tis w Ye8M or as directed by w specific conuwtual reqWr=wtS of the Florida Department of Transportation. The following individual has been. designated Liaison Offft= with responSbUq for implemenft the Co is affhmative action PCOOMn in a with the Mufterne-rits of the Florida DepartnUMA of Transportation- Theodore w. Bhomsid Asphalt Recycling Inc. Melbomw Beach, FL 32951 321 - 632 -6552 > �T.65-009640Z In order to formulate a realistic Affirmative Action Plan, Asphalt Recycling Inc. has identified The following known barriers to participation by disadvantaged subcontractors, before describing its proposed affirmative action 1. Lack of qualified disadvantaged subcontractors in our specific gegg Vhioal areas of worig 2. Lack of certified disadvantaged subcontractors who seek to perform Florida Department of Transportation world; 3. Lack of interest in performing on Florida Department of Transportation contracts; 4. Lack of response when requested to bid; 5. Limited knowledge of Florida Dew of Transportation plans and specifications to prepare a responsible bid. In view of the barriers to disadvantaged businesses stated above, it shall be the policy of Asphalt Recycling Inc. to provide oppordmity by u ilizin$ the following affirmative action methods to ensure participation on the contracts with the Florida Department of Transportation. Asphalt Recycling Inc. will: 1. Provide written notice to all certified DBE subcontractors in the geographical area where the work is to be subcontracted by the COMPMN 2. Advertise in minority focused media concerning subcontract opportunities with the Company, 3. Select portions of work to be performed. by DBEs m order to increase the likelihood of meeting contract goals CmchAing, where atop iaw, breaking down contacts into economically feasible amts to facilitate DBE participation; 4.. Provide adeqpate information about the plans, specifications, and requirements of the contract, no rejecting subcontractors without sound reasons based on a tborough investigation of their capabilities' 5. Waive requirements of performance bonds where it is practical to do so;. 6. Attend }ire -bid meetings held by the Florida Department of Transportation to apprise disadvantaged subcontractors of opportunities with the COMMw, 7. Follow up on initial solicitations of interest to DICE subs ontmctons to determine with certainty whether the DBE comp W is interested in the subcontract oa unity. Asphalt Recyeling Inc. understands that this list of afft2ative action methods is not exhaustive and will include additional approaches after having etoblished familiarity with the disadvantaged subcontmcting community and/or determined the stated approaches to be ineffective. TQ. affL,T UMATION on cent wu with qwific DBE goais, A R im. will make every effort to meet contract goads as stated by utilizing its dftmadw action methods. On Mjecb with no the Company 'will, as an axp vssion of good seek to DBE b �c work is to bea*cMtr . Asphalt Recycling one. shall keep and maintain such records as are necessary to determine the Company's compliance with its DBE A.f nnative Action Plan The Com ny will design its record keeping, system to indicate: 1. The number of DBE subcontractors and suppliers used by the Company, id wfifying the items of work, mates and services provided; 2. The efforts and progress being made in obtaining DBE subco ors throu& local and commuuitY sources; 3. Docaunesrtation of all contracts, to include correspondence, tell caUs, war advertisenaents, etc., tQ obtain DBE participation on a ll Florida Department of Transportation p iods; 4. The Copupany shall comply with Florida Department of Transportation's roqukaments regarding payments to subcontractors inch ding,DBEs far each month (estimate peril in which the companies have worked. Asphalt Recycling lwc. will utilize the DBE Directory published by the Florida Department of Tra WOrtabon- The Company will distribute Form Number 275 -030 -01, Schedule A Certification Form Number 1, to potential DBE contractors and assist in their completion. Contract Bond No.: FLC55126 As to Contractor/ Principal: Asphalt Recycling, Inc. Name: Theodore W. Bitomski Principal Business Address: PO Box 510875 Melbourne Beach, FL 32951 As to the Surety: Merchants Bonding Company Principal Business Address: 2100 Fleur Drive Des Moines, IA 50321 As to the Owner of the Property /Contracting Public Entity: Seminole County Board of County Commissioners Principal Business Address: 1101 East First Street Sanford, FL 32271 Description of project including address and description of improvements: Term Contract for In -Place Asphalt Recycling /IFB- 600806- 10 /GMG Mar 241010:06a Aspheilt Recycling 3216326395 p.2 26 Exhibit D PERFORMANCE BOND ($500,000.00) Seminole County Contract No. IFB- 600806- 10 /GMG ALL MEN BY THESE PRESENTS that: Of Tess of CONTRACTOR) Telephone Number. 321-632 (Corporation, Partnership, or individual) called Principal, and Nis m (Name of Surety) . 2100 Flew Ir ma Des MMiX1 es IA 50321 dress of Surety) sty's Telephone Number: 904. dnafter calI&J Surety, are held and firmly bound unto SEMINOLE COUNTY, 1301 East and Street, Sanford, Florida 32771, hereinafter called COUNTY, in the sum of Five Hundred usand DOLLARS ($ 500.000.00 per year for the term of the agreement in lawful money of United States, for the payment of which sum well and truly to be made, we bind ourselves, ;elsors, and assigns, jointly and severally, firmly by these presents. The the shall not the than Five Hundred Thousand DOLLARS ($ 500.000.00) per year gTY's telephone number is (407) 665 -7112. THE CONDITION OF THIS OBLIGATION is that whereas, the Principal entered into a certain Agreement with COUNTY, dated the _ day of 20 a copy of which is hereto attached and made a part FTor Seminole County Contract No IFB400806- 101GMG Description of Property: description of the Work: The CONTRACTOR is responsible for all labor, materials, it, coordination, and incidentals necessary for Serninote County Contract No. IFB- is Bond is being entered into to satisfy the requirements of Section 255.05, Florida Statues, d the Agreement referenced above, as the same may be amended, MG — Te-m Contract for In -Place Asphalt Recycling Z, Mar 24.1010:07a Asphalt Recycling 3216325395 p.3 27 THEREFORE, the condition of this obligation is such that if Principal: Promptly and faithfully performs its duties, -all the covenants, terms, conditions; and to the guaranty ;meets of said Agreement I nd including, but not prescribed in t�he, period and the Agreement and my provisions, Pays COUNTY all liquidated damages, losses, damages, delay damages, expenses, and attorneys fees, Including costs and attorneys fees on appeal that COUNTY sustains ing from any breach or default by Principal under the Agreement this bond is void; otherwise it shall remain in full force and effect. he coverage of this Performance Bond is co -equal with each and every obligation of the rincipal under She above - referenced Agreement and the Contract Documents of which the greement is a part except that the coverage of the Performance Bond is limited to Five undyed Thousand DOLLARS ($ :000.00 per year for the term of the agreement. I Else uvunt, Usal a" 1 to all al•lav fait to perforni any of tho torme, covenaanto, and oonditione of ;e Agreement and the Contract Documents of which the Agreement is a part during the period which this Performance Bond is in effect.. the Surety shall remain liable to COUNTY for all Lich direct loss )r damage (including r' attorneys fees and costs and attorneys fees nd costs on appeal) resulting from any failure to perform, up to Five Hundred Thousand COLLARS ($50C 000.00 per year for the term of the agreement and for Indirect damages as stermined by COUNTY up to an additional twenty percent (20 %) over the adjusted Contract the event that the Surety fails to fulfill its obligations under this Performance Bond, then the rety shall also indemnify and hold COUNTY harmless from any and all loss, damage, cost, d expense, including reasonable attorneys fees and costs for all trial and appellate )ceedings, resulting from the Surety's failure to fulfill its obligations hereunder up to Five mdred Thousa DOLLARS ($ 5oo.000.00 ) per year for the term of the agreement. e Surety stipulates and agrees that its obligation is to perform the Principal's Work under the Ireement under the Bond. The following preventative options by the Surety are encouraged; wever, preventative options shall not be considered under the Bond: (i) Surety's financing of Principal to keep Principal from defaulting under the Contract Documents; and (ii) Surety's Fers to COUNTY to buy back the Bond. The Surety agrees that its obligation under the bond to: (1) take over performance of the Principals' Work and be the completing Surety even if :rformance of the Principal's Work .exceeds the adjusted Principals' Contract Price; or (ii) re- I and re-let the Principals' Work to a completing contractor with Surety remaining liable for the impleting contractor's performance of the Principal's Work and fumishkV adequate funds to implete the Work_ The Surety acknowledges that its cost of completion upon default by the incipal may exceed the Contract Price. In any event, the Principal's Contract Time is of the ;sence and applicable delay damages are not waived by COUNTY. ie Surety, for value received, hereby stipulates and agrees that its obligations hereunder shall direct and onmediate and not conditional or contingent upon COUNTY's pursuit of its medies against Principal, however, such obligation shall only arise upon a declaration of :fault of the Principal and shall remain in full force and effect notwithstanding (i) amendments modifications to the Agreement entered into by COUNTY and Principal without Surety's o1GMG —Tern Contract for In -Place Asphalt Recycling an Mar 241010:07a Asphalt Recycling 3216326395 p•4 28 ;dge or consent; and (ii) the discharge of Principal as a result of any proceeding initiated the Bankruptcy Code of 1978, as the same maybe amended, or any similar state or ! taw, or a -ly limitations of the liability of Principal or its estate as a result of any such changes in or under the Agreement and Contract Documents and compliance or compliance with any formalities connected with the Agreement or the changes therein shall affect Surety's obligations under this Bond and Surety hereby waives notice of any such Performance Bond is intended to comply with the requirements of Section 255.05, Florida rtes, as amended, and additionally, to provide contract rights more expansive than as !red by statute. IN WITNESS WHEREOF, this instrument is executed this day of 20 PRI NCtPAUCONTRACTOR (Secretary) v � Mme: e �� �G�1 r rr yped or Pnnted Name V. ►1.rr�.�. �2-' 's Name: absofte W. Bitx &ki (Typed or Printed) Title: Bmfftd9V' Address: FO B[]K 5106 City, ST ZIP: Wb=M Bm'11, FL 32 951 ! (Surety Signature Page Follows) -Term Contract for In -Place Asphalt Recycling W Mar 241010:07a . Asphe it Recycling 321 6326395 p.5 29 (Typed or Printed) �S (Officer) Name: Peter A. Yess (Typed or Printed) Title: l& Address: 2100 Fleur Urive City, ST ZIP: Des MAMPS, IA 501321 Date of the Bond must not be prior to date of Agreement. If CONTRACTOR is a joint all vertu ers shall execute the Bond. If CONTRACTOR is a Partnership, all partners shall the Bono. , RTANT : surety companies executing Bonds must appear on the Treasury Department's current list (Circular 570, as amended) and be authorized to transact business in the State of a, unless oVierwise specifically approved in writing by COUNTY. bonds shall be originals and issued or countersigned by a local producing agent who is lortzed to operate in the State of Florida. Attorneys-in fact who sign Bid Bonds or Formance/Paymerit Bonds must file with such bond a certified copy of their Power of Attorney to k such Bond. Agents of Surety companies must fist their name, address, and telephone nber on all 11 =ds. 10 /GMG — Term Contract for In -Place Asphalt Recycling Merchants Bonding Company (Mutual) POWER OF ATTORNEY Know All Persons By These Presents, that the MERCHANTS BONDING COMPANY (MUTUAL), a corporation duly organized under the laws of the State of Iowa, and having Its principal office in the City of Des Moines, County of Polk, State of Iowa, hath made, constituted and appointed, and does by these presents make, constitute and appoint Peter A. Kessler of Jacksonville and State of Florida its true and lawful Attorney -in -Fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver In its behalf as surety any and all bonds, undertakings, recognizances or other written obligations In the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of FIVE MILLION ($5,000,000.00) DOLLARS and to bind the MERCHANTS BONDING COMPANY (MUTUAL) thereby as fully and to the same extent as If such bond or undertaking was signed by the duty authorized officers of the MERCHANTS BONDING COMPANY (MUTUAL), and all the acts of said Aftomey -in Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of- Attorney is made and executed pursuant to and by authority of the following Amended Substituted and Restated By- Laws adopted by the Board of Directors of the MERCHANTS BONDING COMPANY (MUTUAL) on November 18, 2002. ARTICLE 11, SECTION 8 - The Chairman of the Board or President or any Vice President or Secretary shall have power and authority to appoint Attorneys -in -Fad, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. ARTICLE 11, SECTION 9 - The signature of any authorized officer and the Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. in Witness Whereof, MERCHANTS BONDING COMPANY (MUTUAL) has caused these presents to be signed by its President and Its corporate seal to be hereto affixed, this 12th day of August , 2008 . STATE OF IOWA COUNTY OF POLK as. On this 12th day of August 2008 , before me appeared Larry Taylor, to me personally known, who being by me duly swum did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL), the corporation described in the foregoing Instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year fast above written. CINDY SMYTH 64 Commission Number 173504 My Commission Expires March 16, Z00Si 1 NoraryPubko, Pork County, tows STATE OF IOWA COUNTY OF POLK ss. I, Willem Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL), do hereby candy that the above and foregoing is a true and correct copy of the POWER -OF- ATTORNEY executed by said MERCHANTS BONDING COMPANY (MUTUAL), which is still M full force and effect and has not been amended or revoked. .� ca A' . �o oRPe� 9y y 1933 r r. MERCHANTS BONDING COMPANY (MUTUAL) ..Y ;;�� President In Witness Whereof, I have hereunto set my hand and affixed the seal of the Company on this day of' POA 0001 (1/06) .... 0 .. 4. - �FtPOq '09'• s • 1933 ; C: Secretary Florida Department of Transportation CHARLIE CRIST 605 Suwannee Street STEPHANIE C. KOPELOUSOS GOVERNOR Tallahassee, FL 32399 -0450 SECRETARY March 26, 2010 MR THEODORE W BITOMISKI ASPHALT RECYCLING INC 250 PAINT ST MELBOURNE BCH FL 32951 RE: NOTICE TO FDOT. E EO OFFICER Dear Mr. Bitomiski: The Equal Employment Opportunity Officer Information submitted by: ASPHALT RECYCLING INC has been received and added to the Equal Opportunity Reporting System. If there is any change to your EEO Officer this Information must be reported to the Equal Opportunity Office at once. If you need any additional information, please contact me at (850) 414 -4742. Sincerely, A 7 Erica Miller Contrad Compliance Administrator Equal Opportunity Office EM/cg Attachment(s) www.dot.state.fl.us M wisreow ve:oip mapnen metyourig MDOFFIM Sedim ft VGW%W 11 _jc Sec5m2: EWaWMMN'VWATM ==wt CMFM rd._ - -LlLjEm Wwft Jr aw dvmo& IS I -ICE OF' I 10 MAR 25 PM 2: 49 - 71k �W - r T a//r/216/io Fiw PW UM* ftW= & ftmss" 4 * MOOMMM N Asphalt Recycling Inc. P.O. Box 510975 Melbourne Beach, FL 32951-0875 1.7 321-632-6552 fax 321-632-6395 w - A--A& � J -q ',- I C� ` " I' Al 1 A. We will ensure and nuaftin a worift environment free of hafawneM ktknW3W4 MW CDMdOn 1 t d Urnes and in aN facillies at which our employees are assigned W wont. We dah sped* ensure U* aN forarnen, superb SIMndC Fift and o dw on-site supervisory peisonnel are aware of and carry out our ob0gaWns tD rrobtain such as vmrMng envkownent, wth specille SOP w I tD a*mft or fernab IndMduaIs workIng at such An or fac"es I C- D. 4 F. 11 We shall esbbM and main a Ist of rnkmly and female recrubment sources, P r o v i d e w M w noWlcaMns I M a and fade movarneit s o a r and to ownnwunky argadw5mu w we hM.eMpbyM* avanabip, and maintidn a rewcd of di dr responsm We wil nakdedn a avrontfile of the MINS, addFOSMand OdePbxm nu ndxlrs of each MMwIty and ft"Me d•-de- stueet aW k w t an d n*"jy or ftwies mftrW fkan a recrubmt Source or cm,muft argwbWm and of VM a d mi t 1 1 1 was U*m vft respect ID each such kKN*k"L in the event this employer enters into a represu a g r eenwt with any union, we WM provide bmxdft written nofflmtlon to the Director when the union or unions with which VO have colective bargakft 09 P 1 1 � I t We not rebt to us a n*w* person or vxnan sent by tri, or when we have other hfbnrnWonVMt the unbnweWn proomhn impeded ow eftmfm meet our ob0gaUom We wM &W On 4h e ." b O ppo g h"jes a0lor pm*Wft in trakft PrqVa= for ft am Wt*b OPM* bJLKb mirmtojes a w=M #dUft Upgraft Vi wjdtra** INoMan ftmcWorappMvWbYftDePaftR*NtOfLabw- Vft notice o f # proms fa ft =wm wnpWI under 8 &ove. We wM review, at ft, ww*, the anVO EW poky and M&matl4* Arbon 0 t o , under #m specNkatt P; wb A wMbyees hwft any mWmMft for M*V, as*Mwrk krp- P kKkKft Spec MVk%V of these &M Vft once o ff I such as Superb ewoW etr-, Pd tD dm Yom, of Vwcxk at arty job she. A wrltm recor d _ and � �: � of these me pem sag„ subject H. L I L, W. I-olp P. Not any mole dk Bkww ft V A SnWUgage prec i i ►t xdno* and f supkr/M W reCMd Older rrfiElDr� persons and wornen and, where 6 P after + sumnow and vacation empbyr w t W n*w tjt and femde y.ouft bow on sNe and in other areas of the wmrk f+br+ae. We wig valtdt ad tsM and other selection ra**emm t, Whm a there is an dWWft to do so under 41 CRF ParkXAHI We wig enswe that al and a npemy. adbliw are twn +eiie�ed eJaoept that Sqpanft or w U " and neoesswy deeging & Mal be p vAded UD assure p Wady betwem the semis We wM docwmt and n**Mb a record of al dons of corers for subomoacts from mhxxW and flonaie axwbuc tim conbacfts and supper, bKkKBV dkcubUon of sobdbftm to n*xx*/ and female .Bnd.OWer blMURWISSSOCISMOM 30 Tampa Area Wiim =w: riucwu WOURA L E Polk Sueek, #1020 2 S. Biscayne Blvd., #2700 nM Florida 3231 , Faft 33131 00- 669 -4000 1813-228-2310 1- 500469 -40000 1305-536-4491 �. Qqwtment of labor U.S. Federal Kgtwmy Administration Rwsytit St., S.W., Room 7 -75 227 Bn t=0 St., Room #2015 3nta, Geot& 30303 Tdbhasse% Rmrids 32301 t—c&-s 7A-Ae 850 - 942 -3579 de GMvnWM of Res ]ahn Knox Road, Bldg. F, Suft #240 Massee, Florida 32303 -4102 10- 342 -88170 / 850488-7082 W ww / s ce I HE