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Contract 2018-82AGREEMENTFOR ALTERNATIVE PAVING METHODS THIS AGREEMENT, is made and entered into this �a day of 2018, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida, (hereinafter referred to as "CITY"), and ASPHALT PAVING SYSTEMS, INC., whose address is: 9021 Wire Road, Zephyrhills, FL 33540 (hereinafter referred to as "CONTRACTOR"). WHEREAS, the Lee County B.C.C. through the public procurement process awarded an Agreement for alternative paving methods, Lee County B.C.C. Number B170265ANB; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto and Agreement in accordance with CITY's procurement policy, and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the Lee County B.C.C. Contract Number B 170265ANB. WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: _ ARTICLE I — SCOPE OF WORK The CONTRACTOR shall furnish alternative paving methods as described in the Lee County B.C.C. Contract Number B 170265ANB, which is attached hereto and incorporated herein as Exhibit "A" and shall do everything required by this Agreement and the other Agreement Documents contained in the specifications, which are a part of these Documents. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances the CITY purchasing policy, resolutions and ordinances shall apply. ARTICLE II — THE CONTRACT SUM CITY shall pay CONTRACTOR, for the faithful performance of the Agreement as set forth in the Agreement documents and the Unit Price Schedule as set forth in Exhibit B', attached hereto and incorporated herein. ARTICLE III — TERM AND TERMINATION l . This Agreement is to become effective upon execution by both parties, and shall remain in effect until September 4, 2019, unless terminated or renewed as provided by the Lee County B.C.C. 2. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement if: a) without cause and for convenience upon thirty (30) days written notice to CONTRACTOR b) CONTRACTOR is adjudged to be bankrupt; c) CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work, properly performed and accepted prior to the effective date of termination. 3. Upon mutual Agreement of the parties, this Agreement may be renewed for two (2) additional one (1) year terms. ARTICLE W — COMMENCEMENT AND COMPLETION OF WORK The CONTRACTOR shall provide all items in the timeframe as set forth in the applicable purchase order or notice to proceed. ARTICLE V — PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, CONTRACTOR shall submit an invoice to CITY upon completion of the services and delivery to CITY as set forth in the applicable purchase order. CITY shall make payment to the CONTRACTOR for all accepted and undisputed services provided, within thirty (30) calendar days of receipt of the invoice. ARTICLE VI — DISPUTE RESOLUTION - MEDIATION 1. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. 2. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes and other matters in question between them by mediation. 3. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. ARTICLE VII — INSURANCE AND INDEMNIFICATION RIDER 1. Worker's Compensation Insurance - The CONTRACTOR shall take out and maintain during the life of this Agreement Worker's Compensation Insurance for all his employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latices employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. Employers Liability insurance with the following minimum limits and coverage: (a) Each Accident, $500,000 (b) Disease -Each Employee, $500,000 (c) Disease -Policy Limit, $500,000 2. CONTRACTOR's Public Liability and Property Damage Insurance - The Contactor shall take out and maintain during the life of this Agreement Comprehensive General Liability and Comprehensive Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be minimum limits as follows: (a) CONTRACTOR's Comprehensive General, $1,000,000 Each ($2,000,000 aggregate) Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit (b) Automobile Liability Coverages, $1,000,000 Each Bodily Injury & Property Damage Occurrence, $500,000 Combined Single Limit Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 3. SubCONTRACTOR's Public Liability and Pronertv Damage Insurance - The CONTRACTOR shall require each of his subCONTRACTORs to procure and maintain during the life of this subcontract, insurance of the type specified above or insure the activities of his subCONTRACTORs in his policy, as specified above. 4. Indemnification Rider (a) To cover to the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) , and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subCONTRACTOR, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article. (b) In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any Irritation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. (c) The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. ARTICLE VIII—NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: Asphalt Paving Systems, Inc. 9021 Wire Road Zephyrhills, FL 33540 Attn: Robert Capoferri, President CITY: City of Clermont Attn: Darren Gray, City Manager 685 W. Montrose Street Clermont, FL 34711 ARTICLE IX — MISCELLANEOUS Attorneys' Fees. In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 2. Waiver. The waiver by city of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 3. Severability. If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 4. Amendment. Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 5. Entire Agreement. This Agreement including the documents incorporated by reference contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 6. Assignment. Except in the event of merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either party's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of city. 7. Venue. The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Cake County, Florida. 8. Aoolicable Law. This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed and enforced in accordance with the laws of the State of Florida. 9. Public Records. Contractor expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, to include, to: (a) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. (b) Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in this Florida's Public Records law or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized bylaw. (d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. CONTRACTOR shall use reasonable efforts to provide all records stored electronically to the CITY in a format that is compatible with the information technology systems of the CITY. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, (352) 241-7331. ARTICLE X — AGREEMENT DOCUMENTS The Agreement Documents, as listed below are herein made fully a part of this Agreement as if herein repeated. Document Precedence: 1. This Agreement 2. Purchase Order/Notice to Proceed 3. All documents contained in the Lee County B.C.C. Contract/Bid No. B I70265ANB IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this2aday of .2018. City of ertrlont Gail L. A'''s4444h,- Mayor Attest Tracy Ackroyd Howe, City Clerk Asphalt Paving Systems, Inc. or Robert Title Kenneth Messina (Name Printed or Typed) EXHIBIT A &SIOUt6westee County �%Orida BOARD OF COUNTY COMMISSIONERS July 13, 2018 Jahn E. Manning paoicr One C. a L P.nd.,... Mr. Robert Capoferri awd TM9 Asphalt Paving Systems, Inc. L.m Rlkv 9021 Wire Road D:md rare. Zephyrhills, FL 33540 even N.mm.n U,w Four Fnnk M.nn or.md F SUBJECT: Renewal of Annual Contract No. B170265ANB C-7804 ,xy W-P, Alternative Paving Methods cxPoA>� Dear Mr. Capoferri: Donn. M.ft Can. Ne.dnp Examner This is to inform you that Lee County agrees to renew the above subject contract for an additional one (1) year period, from 09/05/2018 through 09/04/2019. We are hereby extending the annual contract for an additional one year period under the same terms and conditions as the original award. If you have any questions regarding this letter, please contact me at (239) 533-8871. Sincerely, VL berLd wbaK Kimberly Urban Contracts Analyst Procurement Management Division C: Project File P.O. Box 398, Fort Myers, Florida 33902-0393 (239) 533-2111 Internet address hap:/hxnw Nee-county.c:m AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER ,Lee County S°ouf6iwerf'MoriWa BOARD OF COUNTY COMMISSIONERS April 1 I, 2018 1 . E M.—, r. .. Ceal L Peme,a... Mr. Robert Capoferri DWY r- Asphalt Paving Systems, Inc �Y MWI 9021 Wire Road Zephyrbills, FL 33540 8-n N m U,vM Fpu F—k M.- Subject: Renewal of Annual Contract No. B170265ANB C-7804 Alternative Paving Methods RuaM o.R.nvs fgi.lY Mamper Dear Mr. Capofertl: RMaN Wm W.- CanYYRaanay 239-533-8849 o.nre M.m Wan, The above -referenced annual contract will expire on September 4, 2018 unless renewed. N.emv E,.,1MM. Lee County is requesting that this annual connect be renewed for an additional one year period (9/5/2018 — 9/42019). Therefore, we are requesting that you choose one of the following options and return this letter to Lee County Procurement Management, Attu: Jennifer Brewer -Deno, P.O. Box 398, Ft. Myers, FL 33902-0398, (Fax: 239485.8383 or email j4tewer-dunu(rileeanv.ru n ), within 15 calendar days from receipt. )0( a T want an continue performing under this annual contract for an additional one year period under the same terms and conditions as agreed upon in the above -referenced quotation. As a condition of this renewal, the vendor agrees to provide Ler County with an updated insurance ceri fieate upon a epiradon of the original cerdfrcate on file with the County. b. I am not interested in extending this contract for an additional one-year period. Why? Vendor: Lee County: S.P.twe Ralnfd Cey rrl Bignaaue A President ProcrerltemtuManagement Director Tide rue 4/25/201B DMe Dak P 0 Box 398, Fret Myers. Florida 33902-0388 (239) 633-2111 Internet addraaa hltp:// leeuunly.c.m AN EQUAL MPOMUNITY AFFIRW`nN ACTION EMPLOYER Contract# 7804 AGREEMENT FOR ALTERNATIVE PAVING METHODS THIS AGREEMENT FOR ONGOING ALTERNATIVE PAVING PROJECTS ("Agreement') is made and entered into as of the date of execution by both parties, by and between Lee County, a political subdivision of the State of Florida, hereinafter referred to as the "County" and Asphalt Paving Systems, Inc., a New Jersey corporation authorized to do business in the State of Florida, whose address is 9021 Wire Road, Zephyrhills, FL 33540, and whose Federal tax identification number is 22- 3787755, hereinafter referred to as "Contractor". WITNESSETH WHEREAS, the County intends to purchase construction services related to Alternative Paving Methods from the Contractor for specific projects as determined by the County (the "Purchase"); and, WHEREAS, the County issued a solicitation, B170265/ANB on April 7, 2017; and, WHEREAS, the County evaluated the responses received and found the Contractor qualified to provide the necessary products and services; and, WHEREAS, the County posted a Notice of Intended Decision Bid Action on June 6, 2017; and, WHEREAS, the Contractor is one of a pool of firms approved to provide products and services for the Purchase, the County shall award projects as needed, and the Contractor understands and agrees that no work Is guaranteed under this Agreement; and, WHEREAS, the Contractor has reviewed the products and services to be supplied pursuant to this Agreement and is qualified, willing and able to provide all such products and services in accordance with its terms. NOW, THEREFORE, the County and the Contractor, in consideration of the mutual covenants contained herein, do agree as follows: I. PRODUCTS AND SERVICES A. The Contractor agrees to diligently provide all products and services for the Purchase in accordance with the Scope of Services made part of this Agreement as Exhibit A, attached hereto and incorporated herein. Contractor shall comply strictly with all of the terms and conditions of B170265/ANB, a copy of which is on file with the County's Department of Procurement Management and is deemed incorporated into this Agreement. Solicitation # B170265/ANB Page 1 of 23 U. TERM AND DELIVERY A. This Agreement shall commence immediately upon execution by both the County and the Contractor, and shall continue for a period of one (1) year on an "as needed" basis. The Agreement may be renewed for up to three (3) additional one (1) year periods upon mututal written agreement of the County and the Contractor. B. A Purchase Order must be Issued by the County before commencement of any work or purchase of any goods related to this Agreement. C. Products and services must be delivered in accordance with Supplemental Task Authorizations and Change Orders. The schedule must commence on the date of the purchase order. III. COMPENSATION AND PAYMENT A. The County must pay the Contractor in accordance with the terms and conditions of this Agreement for providing all products and services as set forth In Exhibit A, and further described in Exhibit B, Fee Schedule, attached hereto and incorporated herein. Said total amount to be all Inclusive of costs necessary to provide all products and services as outlined In this Agreement, and as supported by the Contractor's submittal in response to B170265/ANB, a copy of which is on file with the County's Department of Procurement Management and is deemed incorporated into this Agreement. B. Notwithstanding the preceding, Contractor must not make any deliveries or perform any work under this Agreement until receipt of a purchase order from the County. Contractor acknowledges and agrees that no minimum order or amount of product or work is guaranteed under this Agreement and County may elect to Issue no purchase orders. If a purchase order is Issued, the County reserves the right to amend, reduce, or cancel the purchase order in its sole discretion. C. All funds for payment by the County under this Agreement are subject to the availability of an annual appropriation for this purpose by the County. In the event of nonappropriation of funds by the County for the services provided under this Agreement, the County will terminate the contract, without termination charge or other liability, on the last day of the then current fiscal year or when the appropriation made for the then -current year for the services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the Contractor on fifteen (15) days' prior written notice, but failure to give such notice will be of no effect and the County will not be obligated under this Agreement beyond the date of termination. Solicitation * B170265/ANB Page 2 of 23 V. VI. A. The County must pay the Contractor in accordance with the Local Government Prompt Payment Act, §218.70, et seq. F.S., as amended from time to time, upon receipt of the Contractor's invoice and written approval of same by the County indicating that the products and services have been provided in conformity with this Agreement. B. The Contractor must submit an invoice for payment to the address indicated on the purchase order on a monthly basis for those specific products and services as described in Exhibit A (and the corresponding fees as described in Exhibit B) that were provided during that invoicing period. C. For partial shipments or deliveries, progress payments must be paid monthly in proportion to the percentage of products and services delivered on those specific line items as approved in writing by the County. A. No changes to this Agreement or the performance contemplated hereunder will be made unless the same are in writing and signed by both the Contractor and the County. B. If the County requires the Contractor to perform additional services or provide additional product(s) related to this Agreement, then the Contractor shall be entitled to additional compensation based on the Fee Schedule as amended to the extent necessary to accommodate such additional work or product(s). The additional compensation must be agreed upon before commencement of any additional services or provision of additional product(s) and must be incorporated into this Agreement by written amendment. The County will not pay for any additional service, work performed or product provided before a written amendment to this Agreement. Notwithstanding the preceding, in the event additional services are required as a result of error, omission or negligence of the Contractor, the Contractor will not be entitled to additional compensation. A. The Contractor will indemnify and hold harmless Lee County Government from liabilities, damages, losses, and costs, including but not limited to attorney's reasonable fees to the extent caused by the negligence, recklessness, or Intentional wrongful conduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Agreement. Solicitation * B170265/ANB Page 3 of 23 VII. VIII. B. This section shall survive the termination or expiration of this Agreement. A. Contractor must procure and maintain insurance as specified in Exhibit C, Insurance Requirements, attached hereto and made a part of this Agreement. B. Contractor must, on a primary basis and at its sole expense, maintain in full force and effect, at all times during the life of this Agreement, Insurance coverage (Including endorsements) and limits as described in Exhibit C. These requirements, as well as the County's review or acceptance of insurance maintained by Contractor, are not intended to and must not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Agreement. Insurance carriers providing coverage required herein must be licensed to conduct business in the State of Florida and must possess a current A.M. Best's Financial Strength Rating of B+ Class VII or better. No changes are to be made to these specifications without prior written specific approval by County Risk Management. The Contractor must procure performance and payment bond(s) in accordance with Exhibit D. IX. RESPONSIBILITIES OF THE CONTRACTOR A. The Contractor must be responsible for the quality and functionality of all products supplied and services performed by or at the behest of the Contractor under this Agreement. The Contractor must, without additional compensation, correct any errors or deficiencies In Its products, or If directed by County, supply a comparable replacement product or service. B. The Contractor warrants that it has not employed or retained any company or person (other than a bona fide employee working solely for the 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 the Contractor, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of this Agreement. C. The Contractor must comply with all federal, state, and local laws, regulations and ordinances applicable to the work or payment for work thereof, and must not discriminate on the grounds of race, color, religion, sex, or national origin In the performance of work under this Agreement. Solicitation * B170265/ANB Page 4 of 23 D. Contractor specifically acknowledges its obligations to comply with §119.0701, F.S., as amended from time to time, with regard to public records, and must: 1) keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the services required under this Agreement; 2) upon request from the County's custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 Florida Statutes or as otherwise provided by law; 3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law; and 4) meet all requirements for retaining public records and transfer, at no cost to the County, all public records in possession of Contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the Information technology system of the County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-533-2221, 2115 SECOND STREET, FORT MYERS, FL 33901; publicrecords@leegov.com; http://www.leegov.com/publicrecords. E. The Contractor is, and will be, in the performance of all work, services and activities under this Agreement, an independent contractor. Contractor is not an employee, agent or servant of the County and shall not represent itself as such. All persons engaged in any work or services performed pursuant to this Agreement will be at all times, and in all places, subject to the Contractor's sole direction, supervision and control. The Contractor must exercise control over the means and manner in which it and its employees perform the work, and in all respects the Contractor's relationship and the relationship of its employees to the County will be that of an independent contractor and not as employees of the County. The Solicitation # B170265/ANB Page 5 of 23 Contractor will be solely responsible for providing benefits and insurance to its employees. It is understood and agreed that all products provided under this Agreement will become the property of the County upon acceptance by the County. XI. TIMELY DELIVERY OF PRODUCTS AND PERFORMANCE OF SERVICES A. The Contractor must ensure that all of Its staff, contractors and suppliers involved in the production or delivery of the products are fully qualified and capable to perform their assigned tasks. B. The personnel assigned by the Contractor to perform the services pursuant to this Agreement must comply with the terms set forth in this Agreement. C. The Contractor specifically agrees that all products must be delivered within the time limits as set forth in this Agreement, subject only to delays caused by force majeure, or as otherwise defined herein. "Force majeure" Is deemed to be any unforeseeable and unavoidable cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the control of the parties. XII. COMPLIANCE WITH APPLICABLE LAW This Agreement will be governed by the laws of the State of Florida. Contractor must promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations, and rules relating to the services to be performed hereunder and in effect at the time of performance. Contractor must conduct no activity or provide any service that is unlawful or offensive. XIII. TERMINATION A. The County shall have the right at any time upon fifteen (15) days' written notice to the Contractor to terminate this Agreement in whole or in part for any reason whatsoever. In the event of such termination, the County will be responsible to Contractor only for fees and compensation earned by the Contractor, In accordance with Section III, prior to the effective date of said termination. In no event shall the County be responsible for lost profits of Contractor or any other elements of breach of contract. B. After receipt of a notice of termination, except as otherwise directed, the Contractor must stop work on the date of receipt of the notice of termination or other date specified in the notice; place no further orders or sub -contracts for materials, services, or facilities except as necessary for completion of such portion of the work not terminated; terminate all Solicitation # BI70265/ANB Page 6 of 23 XIV. Contractors and subcontracts; and settle all outstanding liabilities and claims. C. The County's rights under this Agreement shall survive the termination or expiration of this Agreement and are not waived by final payment or acceptance and are in addition to the Contractor's obligations under this Agreement. A. In the event of a dispute or claim arising out of this Agreement, the parties agree first to try in good faith to settle the dispute by direct discussion. If this is unsuccessful, the parties may enter Into mediation in Lee County, Florida, with the parties sharing equally in the cost of such mediation. B. In the event mediation, if attempted, is unsuccessful in resolving a dispute, the parties may proceed to litigation as set forth below. C. Any dispute, action or proceeding arising out of or related to this Agreement will be exclusively commenced in the state courts of Lee County, Florida, or where proper subject matter jurisdiction exists in the United States District Court for the Middle District of Florida. Each party irrevocably submits and waives any objections to the exclusive personal jurisdiction and venue of such courts, Including any objection based on forum non conveniens. D. This Agreement and the rights and obligations of the parties shall be governed by the laws of the State of Florida without regard to its conflict of laws principles. E. Unless otherwise agreed In writing, the Contractor will be required to continue all obligations under this Agreement during the pendency of claim or dispute including, but not limited to, actual period of mediation or judicial proceedings. The County may, at any time, by written order to the Contractor, require the Contractor to stop all or any part of the work called for by this Agreement. Any order must be identified specifically as a stop work order issued pursuant to this clause. This order shall be effective as of the date the order is delivered to the Contractor. Upon receipt of such an order, the Contractor must immediately comply with Its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. The Contractor must not resume work unless specifically so directed in writing by the County. The County may take one of the following actions: 1. Cancel the stop work order; or Solicitation * B170265/ANB Page 7 of 23 XVII. 2. Terminate the work covered by the order; or 3. Terminate the Agreement in accordance with provisions contained in Section XIII. In the event the County does not direct the Contractor to resume work, the stop work order may be converted into a notice of termination for convenience pursuant to Section XIII. The notice period for such termination shall be deemed to commence on the date of Issuance of the stop work order. In the event the County does not direct the Contractor to resume work within ninety (90) days, the Contractor may terminate this Agreement. A. All products provided under this Agreement must be new (unless specifically identified otherwise in a Supplemental Task Authorization) and of the most suitable grade for the purpose intended. B. If any product delivered does not meet performance representations or other quality assurance representations as published by manufacturers, producers or distributors of the products or the specifications listed in this Agreement, the Contractor must pick up the product from the County at no expense to the County. The County reserves the right to reject any or all materials if, in its judgment, the item reflects unsatisfactory workmanship or manufacturing or shipping damage. In such case, the Contractor must refund to the County any money which has been paid for same. C. Contractor shall secure from the applicable third party manufacturers, and assign and pass through to the County, at no additional cost to the County, such warranties as may be available with respect to the equipment, parts and systems provided through the Purchase. A. This Agreement constitutes the sole and complete understanding between the parties and supersedes all other contracts between them, whether oral or written, with respect to the subject matter. No amendment, change or addendum to this Agreement is enforceable unless agreed to in writing by both parties and incorporated into this Agreement. B. The Contractor must not assign any interest in this Agreement and must not transfer any interest in same (whether by assignment or novatlon) without the prior written consent of the County, except that claims for the money due or to become due to the Contractor from the County under this Agreement may be assigned to a financial institution or to a trustee in bankruptcy without such approval from the County. Notice of any such Solicitation * 8170265/AN8 Page 8 of 23 transfer or assignment due to bankruptcy must be promptly given to the County. C. The exercise by either party of any rights or remedies provided herein shall not constitute a waiver of any other rights or remedies available under this Agreement or any applicable law. D. The failure of the County to enforce one or more of the provisions of the Agreement may not be construed to be and is not a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. E. The parties covenant and agree that each is duly authorized to enter Into and perform this Agreement and those executing this Agreement have all requisite power and authority to bind the parties. F. Neither the County's review, approval or acceptance of, nor payment for, the products and services required under this Agreement must 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. G. If the Contractor Is comprised of more than one legal entity, each entity must be jointly and severally liable hereunder. H. Any notices of default or termination shall be sufficient if sent by the parties via United States certified mail, postage paid, or via a nationally recognized delivery service, to the addresses listed below: Vendor's Representative: County's Representatives: Name: Robert Capoferri Names: Roger Desjarlals Mary Tucker Director of Title: President Titles: County Manager Procurement Management Address: 9021 Wire Road Address: P.O. Box 398 Zephyrhills, FL Fort Myers, FL 33902 33540 Telephone: 813-788-0010 Telephone: 239-533-2221 239-533-8881 Facsimile: 813-788-0020 Facsimile: 239-485-2262 239-485-8383 E-mall'` �at E-Mail: rdesiarlaisf�leeaov.com mtucker(ialeeaov.mm jackieAPS@outlook.com DGannon®grnail.com Solicitation # B170265/ANB Page 9 of 23 I. Any change in the County's or the Contractor's Representative will be promptly communicated by the party making the change. J. Paragraph headings are for the convenience of the parties and for reference purposes only and shall be given no legal effect. K. In the event of conflicts or inconsistencies, the documents shall be given precedence in the following order: 1. Supplemental Task Authorization(s) 2. Agreement 3. County's Purchase Order 4. Solicitation # B170265/ANB 5. Contractor's Submittal in Response to Solicitation # B170265/ANB [The remainder of this page Intentionally left blank.] Solicitation # B170265/ANB Page 10 of 23 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date last below written. WITNESS: Signed By: K&AJ6 flj&lA Print Name: Kenneth Messina Secretary ATTEST: CLERK OF THE CIRCUIT COURT Linda Do ge Clerk, BY:DEFMCLM APPROVED AS TO FORM FOR THE RELIANCE OF LEE COUNTY ONLY: Asphalt Paving Systems Inc. Signed By: " Print Name: Ro fern Title: President Date: 7/12/2017 LEE COUNTY BOARD OF COUNTY COMMISSIONERS OF LEE COUNT�, FLORIDA BY: ' CHAIR DATE: QI S �/ % BY O .AT . OFFICE OF�UNTY ATTORNEY Solidtatlon 8 B170265/ANB Page 11 of 23 EXHIBIT A SCOPE OF SERVICES Contractor shall provide Alternative Paving services in accordance with Lee County Solicitation No. B170265/ANB and Supplemental Task Authorizations Issued under this Agreement, if any. A. Supplemental Task Authorizations The term Supplemental Task Authorization refers to a written document executed by both parties under this Agreement setting forth and authorizing a limited number of services, tasks, or work for a specific project identified by the County. Such services, tasks, or work is consistent with and has previously been described by Solicitation No. B170265/ANB and this Agreement. B. Award of Supplemental Task Authorizations As provided by Solicitation No. B170265/ANB, Individual projects may be awarded, and authorized via Supplemental Task Authorizations, to any of the firms approved by the Board of County Commissioners under that solicitation. Award shall be made as follows: 1. Each project/task order will not exceed $500,000.00. 1.1. Any project/task order $50,000.00 or less may be awarded to the vendor holding a valid contract under this bid, with the lowest unit prices, able to meet the required schedule. 1.2. Any project/task order $50,000,01, but less than $500,000.00 must be quoted by a minimum of 3 awarded vendors holding a valid contract under this Bid. 1.3. Any project/task order over $100,000.00 must provide a payment and performance bond. 1.4. No vendor will be paid more than $4,000,000.00 per year. 1.5. Notice to Proceed (NTP) I.S.I. All project/task order $50,000.00 or less will use the purchase order as the notice to proceed. The start date and date or the number of day to complete the project must be included on the purchase order. If the start date Is left off the purchase order then the date of the purchase order approval will default as the NTP start date. 1.5.2. Projects $50,000.01 but less than $500,000.00 will have a formal NTP Issued through the Procurement Management Division. 1.6. The County retains the right to select any vendor to whom a multiple - vendor award has been made. 1.7. The County retains the right to separately and competitively bid any and all job estimates greater than $500,000.00. • Any project/task with a total cost of $50,000.00 or less may be awarded to the firm holding a valid contract under this bid, with the lowest unit prices, able to meet the required project schedule. • Any project/task with a total cost of $50,000.01, but less than $500,000.00 must be quoted by a minimum of three (3) of the Solicitation # B170265/ANB Page 12 of 23 EXHIBIT A SCOPE OF SERVICES approved firms holding a valid contract under Solicitation No. B170265/ANB. When quotes are requested, the Contractor's submittal must be based on the unit prices provided by Exhibit B, or lower prices. The quote must not list any prices that are higher. Award of the project shall be made to the firm holding a valid contract under this bid, with the lowest quoted price, able to meet the required project schedule. C. Performance of Work under this Agreement All work shall be provided and performed in accordance with the Technical Specifications of Solicitation No. B170265/ANB and as further described in any Supplemental Task Authorizations issued under this Agreement. D. PRICING Consumer Price Index (CPI): Contract prices for equipment and/or service will remain firm through the first contract year. Contractors must request price adjustments, in writing, 30 days prior to the renewal date. If a contractor fails to request a CPI price adjustment 30 days prior to the contract renewal date, no price increase will be accepted. Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor Consumer Price Index (CPI-U) for All Urban Consumers, All Items, Miami Area. No retroactive contract price adjustments will be allowed. Solicitation A 6170265/AN13 Page 13 of 23 EXHIBIT C INSURANCE REQUIREMENTS Minimum Insurance Reouirements: Risk Management in no way represents that the insurance required is sufficient or adequate to protect the vendors' interest or liabilities. The following are the required minimums the vendor must maintain throughout the duration of this contract. The County reserves the right to request additional documentation regarding insurance provided a. Commercial General Liability - Coverage shall apply to premises and/or operations, products and completed operations, independent contractors, contractual liability exposures with minimum limits of: $1,000,000 per occurrence $2,000,000 general aggregate $1,000,000 products and completed operations $1,000,000 personal and advertising injury b. Business Auto Liability - The following Automobile Liability will be required and coverage shall apply to all owned, hired and non -owned vehicles use with minimum limits of: $1,000,000 combined single limit (CSL) $500,000 bodily injury per person $1,000,000 bodily injury per accident $500,000 property damage per accident c. Workers' Compensation - Statutory benefits as defined by FS 440 encompassing all operations contemplated by this contract or agreement to apply to all owners, officers, and employees regardless of the number of employees. Workers Compensation exemptions may be accepted with written proof of the State of Florida's approval of such exemption. Employers' liability will have minimum limits of: $500,000 per accident $500,000 disease limit $500,000 disease — policy limit *The required minimum limit of liability shown in a and b may be provided in the form of "Excess Insurance" or "Commercial Umbrella Policies." In which rase, a "Following Form Endorsement" will be required on the "Excess Insurance Policy" or "Commercial Umbrella Policy." Solidtation # 0170265/ANB Page 21 of 23 EXHIBIT C INSURANCE REQUIREMENTS Verification of Coverage: 1. Coverage shall be in place prior to the commencement of any work and throughout the duration of the contract. A certificate of insurance will be provided to the Risk Manager for review and approval. The certificate shall provide for the following: a. The certificate holder shall read as follows: Lee County Board of County Commissioners P.O. Box 398 Fort Myers, Florida 33902E b. "Lee County, a political subdivision and Charter County of the State of Florida, its agents, employees, and public officials" will be named as an "Additional Insured" on the General Liability policy, Including Products and Completed Operations coverage. Special Requirements: 1. An appropriate "Indemnification" clause shall be made a provision of the contract. 2. It is the responsibility of the general contractor to insure that all subcontractors comply with all insurance requirements. Solicitation * B170265/ANB Page 22 of 23 EXHIBIT D PERFORMANCE AND PAYMENT BONDS For each Supplemental Task Authorization authorizing work for a cost of $100,000.00 or more, the Contractor must procure a performance and payment bond in accordance with this Agreement and B170265/ANB. A. In accordance with Chapter 255.05, Florida Statutes, as may be amended from time to time, and Lee County Ordinance 95-2-102, as may be amended forth time to time, a public performance and payment bond is to be Issued in a sum equal to one -hundred (100%) percent of the total awarded Supplemental Task Authorization amount by a surety company considered satisfactory by Lee County and otherwise authorized to transact business in the State of Florida. B. Any bonding company submitting a performance and payment bond to Lee County Government must be licensed to transact a fidelity and surety business in the State of Florida. C. A public performance and payment bond must be properly executed by the Surety Company and Contractor and recorded with the Lee County Clerk of Court within seven (7) calendar days after notification by Lee County of the approval to award the Supplemental Task Authorization. The Contractor is responsible for all fees and charges associated with the performance and payment bond, including the cost of recording. D. A clean irrevocable letter of credit or cash bond may be accepted by the County in lieu of the public performance and payment bond. Solicitation # B170265/ANB Page 23 of 23 Clientil: 37227 ASPHPAVI ACORN. CERTIFICATE OF LIABILITY INSURANCE o7742017mn THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, ESTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS, AUTHorl REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: It the certmcates holder Is an ADDITIONAL INSURED, the polioy(Ns) most be endorsed. N SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an enderha mem. A sm MM on this common. does not colder rights to the certificate holder In IIM of such endornm t(s). Mo..w Joseph J. Meola, CIC, GRIM J. Byme Agency, Inc. 5200 New Jersey Avenue .609 52&9406 xe: 609 522.2644 AooR , Imede b .coin PO Box 1409� Wlldwocd, NJ 08260 MFgrexxomvETuoE xuce w6UM A: Zurich American Insurance Co. 1f3635 wsum. weumsA a: American Guarantee It Liability Z6297 Asphalt Paving Systems Inc. 500 N. Egg Harbor Road P.O. Box 630 Hammonton, NJ 08037 wsuRm c: IxsuRw o: INSURER E: waURE1 F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HNWBEENISSUED TOTHE INSURED NAMED ABOVE MR THE POLICY PERIOD INDICATED. NOIWIiHSTANDINO ANY REOUIREaErl TORM OR CONDITION OF ANY CONTMCTOq OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBIECT TO ALL THE TERMS, EXCLUSIONS MO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MjRa TYPEOFMWI E Alex son Peaks... awmffle ANM M" A X NaEacuLm,EnAL UAmm LWMA4Wee 5XIWGUR X GLOO191406-01 12017 OUO'1/201 FACHazuRne+cE S 000 uEOEXP 6100,000 SSJM PERBCNK6Aov lNllmr E1 0110 awtAWREMTELMr MPIESPEn Pp.pv OJ ❑LOL ewERe.AtiM1EBATE s2 000 Pn]DW'rs-LdAPnIDMa s2 990 $ A MrtaMoeuA UAevnr X Mewro A ca ® Ae"E Ea X mava, nce X NOIIGWFO AUTOS SAP0191409-01 12017041U12M / 000 6o61Lr aUwrli+w.w $ rowLr MAwYlPsw.dlnp s s 8 % UrREa U- EXLMaLW X accuN ¢plM6#UOE A000191418-01 /0112017 04/01/207 EACXocEwawcE a1 000000 IflBRE1NTE E7 OFO pETFMIW E A YIN � AptN XE� §Q; EX0.MTmf mVW gyMygEerrin" CESaRNnoN6Cf6NTIXlebltw MIA WC0191407-0i /01201704MM01 Be Fl AIXIOMIT smow ELMa6wE-FAEMPLOYFE iS00009 Fl E!{ABE.IgICY11An$5011,000 awLR V Mn er OPEAATIell6l LfiGTldll: I VE W LLa6 MLgw tm r Aa}6onel asn,Y 6eRM We, mm/ 6e em[M tl RMe span M reyul,eq RE: Alternative Paving Projects; It is agreed that Lee County, a political subdivision and Charter County ofthe State of Florida, Its agents, employees and public officals, are Included as additional Insureds with respect to the operations performed by the named Insured per Form U.GL.1175-F CW(04/13). Lee County Board of County Commissioners P.O. Box 398 Fort Myers, FL 33902 SHOULD ANY CFTHE ABOVE CEECBIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED N ACCORDANCE WIIB THE POKY PROVISm AUNMM REPREfiERATAK ACORD 25 (2014Gf) 1 off The ACORD name and logo are registered marks of ACORD 913167527fM164948 ALC 9 Additional Insured — Automatic — Owners, Lessees Or ZURICH Contractors Ploy No. I Eft. Date of Pd. Eap. Date or Poi. Ee. Date of End. Producer No. Addi. Prem i Realm Pre.. L0019140601 04/012017 04/012018 04/012017 N/A N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: ASPHALT PAVING SYSTEMS, INC. Address (Including LP Code): 500 N. Egg Harbor Road, P.O. Box 530, Hammonton, NJ 08037 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11— Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract orwritten agreement. Such person or organization is an additional Insured only with respect to liability for "bodily Injury', 'property damage" or "personal and advertising injury" mused, in whole or in pert, by 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional Insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the Insurance afforded to these additional insureds, the following additional exclusion applies: This insuance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services Including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even If the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, If the "occurrence" which mused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U.GL.117&F CW (W/13) Page 1 of 2 Induces copyrighted material d Insurance Serum Office, Inc., with Its pennisdon. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or'suit" will promptly be brought against any policy Issued by another Insurer under which the additional insured may be an insured In any capacity. This provision does not apply to Insurance on which the additional Insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You am required by written contract or written agreement that this insurance be primary and not seek contribution from any other Insurance available to the additional insured. 2. The following paragraph Is added to Paragraph 6.b. of the Other Insurance Condition of Section IV— Commercial General Liability Conditions: This Insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional Insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional Insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the Insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional Insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown In the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown In the Declarations. All other terms and conditions of this policy remain unchanged. JGL-1116F M (04113) Page 2 of 2 ImAudes copyrighted materiel d Ineumnce Services Oelce, Inc., Win its its permission. V. gzmdnolc Lee County Procurement Management Lee County Momoe S reel, Floor 4&tAlvest ort 1 Fort Myers, FL 33901'Afdll BOARD OF COUNTY COMMISSIONERS (239) 533-8881 W W W.leeEOv.eom/Drocurement John E. Manning Li +ct One DATE May 2, 2017 Cecil LPendergress SOLICITATION NO.: B170265/ANB CAW T. Larry Kkar SUBJECT: ADDENDUM NUMBER 1 ouMn Tnrea anan Hamman REFERENCE: Alternative Paving Methods Dom Four Frank Mann The following changes shall become a part of the Bid Documents and shall Okhlcl Five be as binding as if contained therein: Count Oinna GoCountyMMansager IMPORTANT INFORMATION: Rlonatd Wm. wench cM,anAao,ner Procurement Mameementhas moved oonaa Made engine 1500 Monroe Street, 4" Floor Naan,re ExaMner Fort Myers, FL 33901 (This is the Lee County Public Works Building) Main Line: 239-533-8881 Fax Line: 239-495-8383 ATTACHMENTS 1. Updated Special Conditions 2. 100% Hot -In -Place Recycling — 324 Specification Reworked Asphalt Concrete Pavement - New Specifications 3. Addendum 1 Bid Schedule BIDDER IS ADVISED, YOU ARE REQUIRED TO ACKNOWLEDGE RECEIPT OF THIS ADDENDUM WHEN SUBMITTING A BID. FAILURE TO COMPLY WITH THIS REQUIREMENT MAY RESULT IN THE BIDDER BEING CONSIDERED NON -RESPONSIVE. ALL OTHER TERMS AND CONDITIONS OF THE BIDDING DOCUMENTS ARE AND SHALL REMAIN THE SAME. i iProcuirement Analyst Lee County Procurement Management P.O. Box 398, Fort Myers, Florida 33902-0398 (239) 533-2111 Internet address hap:/AnanNA ecounty. con AN EQUAL OPPORTUNITY AFFIRMATNE ACTION EMPLOYER SPECIAL CONDMONS toe 0eepe of Work SPECIAL CONDITIONS These are conditions that are in relation to this solicitation only and have not been included in the County's standard Terms and Conditions or the Scope of Work. I. TERM Multi -year Renewals: The successful bidder shall be responsible for furnishing and delivering to the Lee County requesting Department(s) the commodity or services on an "as needed basis" for a one- year (1) period with three additional one year renewals periods. PRICING Consumer Price Index (CPI): Contract prices for equipment and/or service will remain firm through the first contract year. Contractors must request price adjustments, in writing, 30 days prior to the renewal date. If a contractor fails to request a CPI price adjustment 30 days prior to the contract renewal date, no price increase will be accepted. Price adjustments will be made in accordance with the percentage change in the U.S. Department of Labor Consumer Price Index (CPI-U) for All Urban Consumers, All Items, Miami Area. No retroactive contract price adjustments will be allowed. 3. LIQUIDATED DAMAGES These are conditions that are in relation to this bid only and have not been included in the COUNTY's standard Terms and Conditions or the Scope of Work. Liquidated damages to apply to each project. Liquidated damages will be based on the entire project amount Der calendar day using, the table below: Estimated Project Cost Over Estimated Project Cost But Less than Daily Charge Per Calendar Da $0.00 $50,000.00 $645.00 $50,000.00 $250,000.00 $760.00 $250,000.00 $500,000.00 $970.00 $500,000.00 $2,500,000.00 $1,500.00 $2,500,000.00 $5,000,000.00 $2,400.00 $5,000,000.00 $10,000,000.00 $3,300.00 $]0,000,000.00 $I5,000,000.00 $4,600.00 $I5,000,000.00 $20,000,000.00 $4,300.00 $20,000,000.00 over 1 $5,700.00 plus.00005 4. NEW PAVING METHODS If a new Alternative Paving Method becomes available and the vendors under the Alternative Paving Methods contract can perform the new method then pricing approved by procurement can be added to the contract. End of Special Conditions Section ATTACHMENT 2 1000%HOT IN -PLACE RECYCLING 324 SPECIFICATION REWORKED ASPHALT CONCRETE PAVEMENT 324-1 Description. 324-1.1 General Finished Surface: Construct a binder course asphalt pavement layer using the Hot In -Place (HIP) recycling process, as specified in this Section. HIP the existing asphalt layer and leave it as a finished driving surface as noted herein. 324-1.2 Preparation for an Overlay: Construct a binder course asphalt pavement structural layer using the Hot In -Place (HIP) recycling process to make a stable binder layer in preparation for a waring surface or friction coarse as specified in this Section. Mill the existing pavement layer as required in the contract to maintain existing grades or curb reveal when a friction layer is placed over the recycled and reworked asphalt surface. 324-1.3 Alternative Bidding: The following requirements apply only to the binder course layer when constructed using milling and plant -produced hot -mix asphalt for a competitive alternate bid. The requirements for the milling and plant produced hot -mix asphalt layer will meet the FDOT Standard Specification for Road and Bridge Construction January 2016 Section 300, 320, 327, 330, 334 or 337. 324-2 Material Requirements for HIP. 324-2.1 Asphalt Recycling Agents: Hydrolene oils (No water based Products). 324-2.2 Aggregate: Meet the requirements for coarse and fine aggregate to achieve desired mix design requirements. 324-23 Reclaimed Asphalt Pavement (RAP) Material: RAP may be used as a component of the asphalt mixture or to widen road widths and subject to the following requirements: I. Assume full responsibility for the design, production and construction of asphalt mixes which incorporate RAP as a component material. 2. Provide stockpiled RAP material that is reasonably consistent in characteristics and contains no aggregate particles which are soft or conglomerates of fines. 324-3 General Composition of HIP Mixture. 324-3.1 Mix Design: Compact the mixture in the laboratory using a Superpave gyratory compactor in accordance with AASHTO T 312-08. Utilize a design number of gyrations of either 50 or 75. The design air void content shall be within the range of 3.5 to 4.5%. The minimum voids in the mineral aggregate (VMA) shall be 12.0%. The minimum effective binder content shall be 5%. Utilize FM 1-T 209 for determination of the mixture's maximum specific gravity for air void determination. Assure that the recovered binder from the compacted mix will have a penetration value within the range of 40 - 80 dmm when tested in accordance with AASHTO T 49 or have a recovered viscosity within the range of 5,000 — 15,000 Poises when tested in accordance with AASHTO T 202. Furnish a copy of the mix design(s) to the Engineer prior to any paving work. During production, the Contractor may revise the mix design provided the previous design requirements are met. Submit mix design changes to the Engineer for informational purposes only. 100% HOT IN -PLACE RECYCLING 324-4 Construction. 324-4.1 General Requirements: Prior to commencing construction operations, repair all defective portions of the existing pavement as indicated in the contract plans and compensated under the repair pavement bid items. Remove and replace all cold patch materials or concrete patch material and replace these areas with hot mix under the repair pavement bid items. The minimum ambient temperature required to begin operations is 45°F and rising. Clean the pavement such that it is reasonably free from loose materials, sand, dirt, caked clay and other deleterious substances. Remove and dispose of all reflective pavement markers (RPMs). 324-4.2 Cold Milling: Use the cold milling process per Section 327 when a new surface layer of plant mix asphalt will be placed over the HIP recycled and reworked layer as required in the contract. Mill and remove the full width of the upper layer(s) prior to HIP or mill and remove a 6-foot-wide wedge along the curb prior to HIP as directed by the Engineer. 324-43 Hot Milling: Use heating and hot milling to remove the existing lane width layer during the HIP recycling and rework process to the depth specified in the contract. The width of each pass shall be controlled to provide proper placement of longitudinal joints including a 3-inch overlap onto adjacent lane passes. 3244.4 Rejuvenator Metering: The rejuvenator shall be added at the entrance of the mixer and will have a positive start/stop mechanism. The rate of application for the rejuvenator shall be determined by the mix design based on mixture analysis/design and approved by the Engineer. The rejuvenator system shall be electronically controlled. It shall incorporate an electronic travel speed sensor, electronic volumetric measuring sensor and an electronic fluid meter. A computer or microprocessor shall collect the data from these devices, formulate and apply the specified mix design application rate in gallons/ton. This system shall continuously verify and display the application rate of rejuvenator oil and cumulative total with respect to the volume of material that is milled from the road surface and it shall maintain a tolerance of +/- 5% of the application rate preset in the computer display screen. The system must be capable of delivering the application of rejuvenator in increments of 0.1 gallon/ton. 324-4.5 Mixer: The removed material shall be blended with a rejuvenating agent and virgin aggregate, if needed, to produce a homogenous, well -blended mixture. No uncoated mix shall be discharged from the blending unit. 324-4.6 Manhole and Utility Structures: During the hot milling process the mills will be lifted to avoid contact with manholes and utility structures. These un-milled areas must be removed and processed. Use an apparatus specifically designed to operate within the recycling system to remove the specified depth of heated asphalt binder material around the structures and within the lane width. The complete removal of the heated existing asphalt binder material from around the structures must be accomplished to allow for the placement of the recycled material at the specified depth. Prior to the placement of the new recycled material the structures will be sprayed with an asphalt tack to ensure bonding around the structures. 324-4.7 Bonding of Pavement Layers: Using HIP create a hot monolithic bond between the existing surface and new recycled asphalt layer and the longitudinal 100% HOT IN -PLACE RECYCLING joints to insure complete bonding. Surface temperatures two feet behind the hot milling heads directly after the removal of the hot asphalt surface must he 170OF or higher to meet this requirement. A minimum of three inches of heating into the adjacent lane beyond the hot mills is required to achieve a hot longitudinal joint. 3244.8 Compaction: Select the compaction equipment and rolling sequences necessary to meet the density specifications as set forth below. Complete all compaction operations before the pavement surface temperature drops to 1500F. 324-4.9 Additional Requirements: When construction includes the paving of adjacent shoulders (equal to or less than 5 feet wide), the layer thickness for the shoulder may vary % inch when paved in a single pass. 324-5 Contractor's Process Control. 324-5.1 General: Utilize a Process Control System that will provide assurance that all materials and products furnished to the Department conform to the Contract requirements, and will meet the performance requirements, as outlined below. Document all Process Control procedures, inspections, and tests and make that information available for review by the Department throughout the life of the Contract. Transfer ownership of these documents to the Department at the end of the project. Utilize a process control plan that contains the following as a minimum: a. Determination of asphalt binder content, maximum specific gravity Air void content, gradation every 1,500 Tons of mix production. b. Depth determination (un-compacted mix) - once per 300 feet. C. Determination of pavement thickness (roadway cores) per contract. d. Density determination (portable asphalt density unit) — per contract. e. Determination of cross -slope — per contract. f. Determine Rejuvenator consumption - once per 300 Feet 324-5.2 Corrective Actions: Take prompt action to correct any errors, equipment malfunctions, process changes, or other assignable causes which have resulted or could result in the submission of materials, products, and completed construction which do not conform to the requirements of the specifications. 324-5.3 Recovered Binder: Monitor the penetration or viscosity of the recovered asphalt binder during production. Obtain 10 pound samples from the asphalt windrow on a random basis once per day. Accumulate the samples and blend them to create a sample asphalt mix representing 3,000 tons of production. Recover the binder from the sampled asphalt mixture in accordance with FM 5-524 and FM 3-D 5404. Maintain the penetration of the recovered asphalt material in the asphalt mixture (determined in accordance with AASHTO T 49), maintaining the target of a 55- penetration(dmm) value as indicated on the mix design and within the range of 40 — 80 dmm or maintain the viscosity of the recovered asphalt material in the asphalt mixture (determined in accordance with AASHTO T 202), within the range of 5,000 to 15,000 poises. If two or more consecutive tests exceed this tolerance, stop all recycling operations until the problem is adequately corrected. 100%HOT IN -PLACE RECYCLING 324-5.4 Air Voids: Using samples obtained in 324-5.3. Maintain an air void content of the asphalt mixture within the range of 2.0 to 6.0%. Air voids shall he based on specimens compacted in accordance with AASHTO T 312-08 and a maximum specific gravity as determined in accordance with FM 1-T 209. If a single test is less than 1.5% air voids, then additional samples will be taken at sample sight for retesting. If the air void content of the asphalt mixture continues to show results below 1.5%then rework these areas and make all necessary adjustments to the blend of materials to modify the air void content to an acceptable level. 324-5.5 Asphalt Binder Content and Mix Gradation: Using samples obtained in 324-5.3. Test the samples in accordance with FM 5-563 and FM 1-T 030. Maintain an asphalt content within plus or minus 0.55% of the target asphalt content as indicated on the mix design. In the event the asphalt content deviates by more than 0.55% from the target, make all necessary corrections. If the test results for two consecutive samples both deviate by more than 0.55% from the target, stop all operations and make adjustments to assure that the asphalt content is within 0.55% of the mix design target. Maintain the percent passing the #200 sieve within plus or minus 2.5% of the target gradation as indicated on the mix design. In the event the percent passing the #200 sieve deviates by more than 2.5% from the target, make all necessary corrections. if the test results for two consecutive samples both deviate by more than 2.5% from the target, stop all operations and make adjustments to assure that the percent passing the #200 sieve is within 2.5% of the mix design target. 324-5.6 Density: The in -place density of the binder course will be evaluated by using a portable asphalt density unit. The in -place density will be based on the maximum specific gravity (Gmm) of the as -produced mix determined in the lab. Obtain locations as directed by the Engineer. At the start of the contract and the direction of the Engineer obtain 5 random cores from the recycled roadway. Test the cores for density in accordance with FM I-T 166, and calculate the density for each core, which for purposes of mixture process control, is defined as 3,000 tons. The target density of each core shall be 92.0% of G.. Take corrective actions if the 5 cores have an average density less than 90.0% of Gmm. Use this information and procedure to determine the density of the portable asphalt density unit. Once the average field density has been determined, do not provide additional compaction to raise the average. 324-5.7 Pavement Thickness: The thickness specified in the Plans or Contract shall be the compacted in -place thickness. The thickness shall be determined by the average measurement of roadway recorded lose material probes in 324-5. Lb plus 1/4" of the specified compacted depth. At the Departments request obtain cores at locations determined by the Engineer. Thickness can also be determined based on average thickness of the cores cm for the evaluation of density as specified in 324- 5.6. Maintain the average thickness of the binder course layer within 1/4 inch of that specified in the Plans. If the average thickness is deficient by more than 1/4 inch but no more than 1/2 inch, take appropriate corrective actions. If the average thickness is deficient by more than 1/2 inch, take cores to determine the area of deficient thickness. Correct any area deficient in thickness by more than 1/2 inch at no cost to 100%HOT IN -PLACE RECYCLING the Department. If the average thickness is deficient for two consecutive days by more than 1/4 inch of that specified in the Plans, stop construction activities until adjustments are made to the operation that will allow placement at the specified depth. Continued operations when the thickness is deficient by more than 1/4 inch of the thickness specified in the Plans will not be allowed. 324-5.8 Cross Slope: Construct a pavement surface with cross slope in compliance with the requirements of 330-12.3 or as directed by the Engineer. 324-5.9 Pavement Smoothness: Construct a smooth pavement as determined by the Engineer. 324-6 Sampling and Testing by the Engineer. The Department reserves the right to run any test at any time for informational purposes. Make all Process Control sampling and testing data accessible for review by the Engineer. Obtain additional roadway cores as directed by the Engineer. 324-7 Pavement Evaluation and Remedial Work. The Responsible Party will perform all necessary remedial work described within this Section at no cost to the Department. If the pavement Does not meet final acceptance. The Contractor, the Responsible Party will be responsible for performing all remedial work associated with areas that have pavement deficiencies. Remedial work will not be required if any one of the following conditions is found to apply: a. Preexisting road conditions such as distress areas or exaggerated road profiles that are beyond the ability of this process to correct. b. When the existing asphalt surface material contains elements that that prohibit specific specifications from being achieved. 324-8 Method of Measurement and Basis of Payment. The quantity of the binder course layer shall be paid for at the Contract unit price per square yard, or by the ton of recycling completed and accepted. EXHIBIT B EXHIBIT B FEE SCHEDULE Payment for actual work completed shall be made in accordance with the terms of this Agreement and any Supplemental Task Authorizations issued hereunder. All project pricing shall be determined by the rates established by the Contractor's Response to Solicitation No. 8370265/ANB, which appear below. All quotes received by the County from the Contractor must reflect pricing at or below the rates listed in this Exhibit B. Asphalt Paving Systems, Inc. ITEM DESCRIPTION UNIT Quanitv Price 5.00% 101-1 Mobllization % 1 5.00% 102-1 Maintenance of Traffic % 1 $2.00 104-12 Staked Silt Fence SG-500 LF $1.25 104-12 Staked Silt Fence 501-1000+ LF. $7,500.00 110.1.1 Cleanng and Grubbing 1 AC $30.00 110-1 Curb and Gutter Removal 25-250 LF $15.00 110-1 Curb and Gutter Removal 251-S00+ LF $8.00 110-2 Miscellaneous Concrete Removal 50-500 SY $5.00 110-2 Miscellaneous Concrete Removal 501-1000+ SY $25.00 110-3 Existing Pipe Removal 10-200 LF $1&00 110-3 Existing Pipe Removal 201-500+ LF $7.00 110-4 Removal of Existing Pavement 20-500 SY $5.00 110-4 Removal of Existing Pavement 501-1000+ SY $25.00` 120-1 Roadway Excavation 201-500 CY $20.00 120-1 Roadway Excavation 501-1000+ CY Solicitation * B170265/ANB Page 14 of 23 EXHIBIT B FEE SCHEDULE $20.00 120-4 Swale Grading 20-200 LF $12.50 1204 Swale Grading 201-500+ LF $40' 00 120-6 Embankment (Truckload) 1-200 CY _ _ $30.00 120-6 Embankment(Tmckload) 201-S00+ CY $175.00 280-2 Asphaltic Base Course 20-200 TN - $120.00 280-2 Asphaltic Base Course 201-500 TN $95.00 280-2 Asphaltic Base Course 501-1000+ TN. $3,50 327-1 Milling of Existing Asphalt 12"+/-) 50,000+ SY 10,000 to $5.50 327-2 Milling of Existing Asphalt 12" +/-) 50,000 SY _ $180.00 331-1 Type III Asphaltic Concrete 20-200 TN $135,00 331-1 Type III Asphaltic Concrete 201-500 TN $105.00 331-1 Type III Asphaltic Concrete 501-1000+ TN $180.00 333-1 Asphaltic Concrete Type "S-1" 20-200 TN $135.00 333-1 Asphaltic Concrete Type"S-1" 201-500 TN $105.410 333-1 Asphaltic Concrete Type"S-1" 501-1000+ TN $180.00 333-2 Asphaltic Concrete Type "S-3" 20-200 TN $135.00 333-2 Asphaltic Concrete Type "S-3" 201-500 TN $105.00 333-2 Asphaltic Concrete T "S-3" 501-1000+ TN $250.00 42S-1 Adjusting Manholes (Metal Riser Rings) 1-5 EA $200.00 425-1 Adjusting Manholes (Metal Riser Rings) 6-10 EA $125.00 425-1 Adjusting Manholes (Metal Riser Rings) 11-20+ EA $150.00 425-2 AdjustingAdjwting Valve Boxes Metal Riser Rings) 1-5 EA $100.00 425-2 Adjusting Valve Boxes (Metal Riser Rings) 6-10 EA Solicitation it B170265/ANB Page 15 of 23 EXHIBIT B FEE SCHEDULE $85'00 425-2 Adjusting Valve Boxes (Metal Riser Rings 11-20+ EA $125.00 430-2 18" RCP CD - CLASS 111 1-200 LF $70.00 430-2 18" RCP CD - CLASS III 201-500+ LF $60.00 520-1 Type "A" Curb ID-25 LF $45.00 520-1 Type "A" Curb 26-50+ LF $60.00 520-2 Type "B" Curb 10-25 - LF $45.00 520-2 Type "B" Curb 26-50+ LF $60.00 520-3 Type "D" Curb 10-25 LF $45,00 520-3 Type D" Curb 26-50+ LF $55.00 520-4 Type . V Curb 10-25 LF $40.00 520-4 Type "E" Curb 26-5D+ LF $55.00 520-5 T "F" Curb 10-25 LF $40.00 520-5 Type "F" Curb 26-5D+ LF $10000: 522-2 - Concrete Sidewalk -{6"thickness) 20-100 SY. : $60.00 522-2 Concrete Sidewalk -(6"thickness) 301-250+ SY $50.00 527-2 Detectable Waming Surfaces Inset).. 10-50 SF $35.00 527-2 Detectable Warning Surfaces Inset)' S1-100+ SF $50.00 527-3 Det. Wanning Surf. (Screwdown Retro-Fit) 10-50 SF $35.00 527-3 Det. Warning Surf. (Screwdown Retn -Fit) 51-100 SF $5.25 575-1 Sodding (Bahia) 100-500 SY $2.75 575-1 Sodding (Bahia) 501-1000+ SY $5.85 575-2 Sodding (Flontam) 100-500 SY $2.75 575-2 Sodding (Flora[am) 501-1000+ SY Solicitation O B170265/ANB Page 16 of 23 EXHIBIT B FEE SCHEDULE 660-2102 Loop Assem F61-Type B 1 AS $2,750.00 706-1 Reflective Pavement Markings (RPM's) 20-60 EA $7.50 706-1 Reflective Pavement Markers RPM's 61-10G+ EA $6.00 710-1 6" Solid Traffic Stripe (paint) 1-200 LF $4.50 71G-1 6" Solid Traffic Strl a(paint) 201-500 LF $1.00 710-1 6" Solid Tmfflc Stripe (paint) 501-100D+ LF. $0.50 710-2 12" Solid Traffic Stripe(paint) 1-25 LF $10.00 710-2 12" Solid Tmfflc Stripe (paint) 26-50 LF $4.00 710-2 12" Solid Traffic Stripe (paint) 51-100+ LF $2.75 710-3 18" Solid Traffic Stripe(palnt 1-25 LF $12.00 710-3 18" Solid Traffic Stripe (paint) 26-50 LF $6.00 71D-3 18" Solid Traffic Stripe (paint) 51-100+ LF $4.00 7104 24" Solid Traffic Stripe (paint) 1-25 LF $12.00 7104 24" Solid Traffic Stripe (paint) 26-50 LF $5.50 710-4 24" Solid Traffic Stripe (paint) 51-100+ LF $4.50 710-5 6" Skip Traffic Stripe(paint) 1-200 LF $2.50' 71G-5 6" Skip Traffic Stripe(paint) 201-500 LF $0.95. 710-5 6" Sklp Traffic Stripe (aint) 501-100D+ LF $0.55 710-6 6" Dotted Guide Lines (paint) 1-50 LF $1.50 710-6 6" Dotted Guide Lines (paint) 51-100 LF $1.25 71D-6 6' Dotted Guide Lines (paint) 101-150+ LF $0.95 7107 Directional Arrows (Paint) 1 EA $75.00 710-8 Pavement Messages (Paint) 1 EA $90.00 Solicitation # B170265/ANB Page 17 of 23 EXHIBIT B FEE SCHEDULE 710-9 8" Solid Traffic Stripe (Paint) 1-200 LF $5.00 710.9 8" Solid Traffic Stripe (Paint) 201-500 LF -.$1.25 71D-9 8" Solid Traffic Stripe (Paint) 5o1-1000+ LF $0.75 711-1 6" Solid Stripe/EMru. Thermo 1-200 LF $50.00 711-1 6" Solid Stria/Extru. Thermo. 201.500 LF $4.25 711-1 6" Solid Stripe/EMru. Thermo. 501-3000+ LF $1.25 711-2 12" Solid Stri a/Extru. Thermo 1-25 LF $20.00 721-2 12" Solid Stripe/Extru. Thermo. 26-50 LF $11.00 711-2 12" Solid Stripe/EMru. Thermo. 51-100+ LF $4.50 711.3 18" Solid Stripe/EMru. Thermo 1-25 LF $25.00 711-3 18" Solid Stri /EMru. Thermo. 26-50 LF $12.00 711-3 18" Solid Stripe/EMru. Thermo. 51-100+ LF $5.50 711-4 24" Solid Stripe/EMru. Thermo 1-25 LF $7.25 711-4 24" Solid Stripe/EMru. Thermo. 26-50 LF $6.25 711-4 24" Solid Stripe/EMru. Thermo. 51-100+ LF $5.25 711-5 6" Skip Traffic Stri a/EMru. Thermo 1-200 LF $4.00 711-5 6" Skip Traffic Stri a/EMru. Thermo. 201-SM LF $2.25 711-5 6" Skip Traffic Stripe/EMru. Thermo. 501+ LF $2.00 711-6 6" Dotted Guide tines/EMru. Thermo 20-50 LF $3.00 711-6 6" Dotted Guide Lines/EMru. Thermo. 51-100 LF $2.50 711-6 6" Dotted Guide Lines/Extru. Therno. 301+ LF $2.25 711-7 Directional Arrows/EMru. Thermo. 1 EA $110.00 711-7A Preforned Arrow 1 EA $100.00 Solicitation # B170265/ANB Page 18 of 23 EXHIBIT B FEE SCHEDULE 711-76 Preformed Symbol (Bike) 1 EA $200.00 711-8 Pavement Messages Extru. Thermo. 1 EA $225.00 711-9 8" Solid Traffic Stripe / Extru. Thermo 20-200 LF $15.00 711-9 8" Solid Traffic Stripe / Extru. Thermo 201.500 LF $10.00 711-9 8" Solid Traffic Stripe / Extru. Thermo 501+ LF $5.00 711-10 Remove Existing Pavement Markings 20-300 SF. $5.00 711-10 Remove Existing Pavement Markings 300+ SF $5.00 . APM-001 Single Micro Surface 18-22 lbs 10,000 to 50,OD0 SY $2.65 APM-001 Single Micro Surface 18-22 lbs 50,001+ SY $2.40 APM-0132 Doudle Micro Surface 28-32 lbs 10,000to 50,000 SY $3.80 APM-002 Doodle Micro Surface 28-32 lbs 50,001+ SY $3.60 APM-003 Single Chip Seal-889 Granite 10,D00 to 50,000 SY $2.90 APM-003 Single Chip Seal 489 Granite 50,001 + SY $2.40 APM-004 Double Chip Seal -#57 w/#89 Granite 10,000 to 50,000 SY $4.20 APM-004 Double Chip Seal -#57 w/N89 Granite 50,001+ SY $3.90 APM-005 Full Depth Reclamation / 6"--9" 10,000 to 50,000 - SY $7.00 APM-005 Full Depth Reclamation /6"-9" 50,001+ SY $6.25 APM-006 Full Depth Reclamation /9-12 10,000 to 50,000 SY $7.50 APM-006 Full Depth Reclamation /9-12 50,001+ SY $6.75 APM-006a Cement for Reclamation 1 TN $155.00 APM-006b Emulsion for Reclamation 1 Gal $2.55 APM-007 RAP PLACEMENT 10,000 to 50,000 SY $8.00 APM-007 RAP PLACEMENT 50,001+ SY $7.25 Solicitation C B170265/ANB Page 19 of 23 EXHIBIT B FEE SCHEDULE APT-001 Crack Filling/Sealing 1-1000 Gal $20.00 APT-W1 crack Filling/Sealing 1001-3000 Gal $19.00 APT-001 Crack Filling/Sealing - 3001+ Gal $18.00 SLUR-001 Slurry Seal 10,000 to 50,000 SY $2.70 SLUR-001 Slurry Seal 50,001+ SY $2.45 HOT -IN -PLACE (with Virgin Top Course) Asphalt` Recycling HIPR- Recy Asphalt Recycling 10,000 to 50,000 SY No Bid HIPR-AGENT Recycling Agent 10,000 to S0,000 Gal No Bid HIPR-Recy Asphalt Recyclin 50,001+ SY No Bid HIPR-AGENT Recycling Agent 50,001+ Gal No Bid 324 HOT IN-P1ACE (100%) Asphalt Recycling.: 10,000 to HIPR Base Base Course HIPR 50,000 SY No Bid HIPR Base Base Course HIPR 50,001+ SY No Bid HIPR 10,000 to Complete 2" Complete HIPR 50,000 SY No Bid HIPR Complete 2" Complete HIPR 50,001+ SY _ No Bid HIPR-AGENT- 10,000 to 100% Asphalt Recycling ftent 50,000 Gal No Bid HIPR-AGENT- 100% Asphalt Recycling Agent 50,001+ Gal No Bid MOT/MOB % 1 No Bid Night Work MOT/MOB (addkional %) % 1 No Bid Solicitation # B170265/ANB - Page 20 of 23