Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Item C16
C16 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting May 21, 2025 Agenda Item Number: C 16 2023-3997 BULK ITEM: Yes DEPARTMENT: Engineering Services TIME APPROXIMATE: STAFF CONTACT: Tyler Jackson 305-393-5450 N/A AGENDA ITEM WORDING: Approval of an Agreement with Pavement Technology, Inc. in the not to exceed amount of$249,143.84 for application of Reclamite Asphalt Rejuvenation Agent roads on Sugarloaf Key and Cudjoe Key to extend the life of the asphalt. This contract is being procured utilizing competitively bid pricing under a joint cooperative bid for City of Plantation. The contract price is $1.21 per square yard of pavement treated. ITEM BACKGROUND: Monroe County is continuing a proactive pavement maintenance program by treating roads on a five year cycle to extend life of asphalt and avoid higher cost rehabilitation methods (milling and resurfacing) later in the life cycle. Roads on Sugarloaf and Cudjoe Key were treated with Reclamite in 2020. The work will be performed in accordance with the City of Plantation Key, Florida contract specifications for pavement preservation at a rate of$1.21 per square yard of pavement treated including maintenance of traffic. The procurement of the services is in accordance with Monroe County Code Section 2-347(e)(2) and Monroe County Purchasing Policy Chapter 7. Exclusions C. Cooperative Purchasing. The City of Plantation Key contract specifications were valid at the time of negotiations and the contractor has agreed to perform work at the price included in that contract. PREVIOUS RELEVANT BOCC ACTION: BOCC approved an Agreement on April 15, 2020 to perform pavement treatment on county roads in Sugarloaf and Cudjoe Key. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: New Agreement GPJ 5.6.25 -XCU endorsement required under 7.2 waived by Risk due to nature of work to be performed. 609 STAFF RECOMMENDATION: Approval as Requested DOCUMENTATION: Plantation-9559.1-FE-Am end ment-contract#1-2024.pdf Pavement—Technology_lnc—Contract—FY25.pdf FINANCIAL IMPACT: Effective Date: 5/21/25 Expiration Date: 30 Days After Completion of Work Total Dollar Value of Contract: Not to Exceed $249,143.84 Total Cost to County: $249,143.84 Current Year Portion: $249,143.84 Budgeted: Yes Source of Funds: 102-22500-00103: $249,143.84 CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Yes 610 Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 February 19, 2025 Ms. Judith S. Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street Key West, FL 33040 RE: Asphalt Rejuvenation Project-Term Contract Agreement No. 072-22 Dear Ms. Clarke: We are pleased to offer our proposal to apply Reclamite®Asphalt Rejuvenator to streets located in Monroe County, Florida. Enclosed find verification of our contract with The City of Plantation, Florida for the application of Reclamite®Asphalt Rejuvenating Agent. Pavement Technology, Inc. can offer to Monroe County, the contract price of$1.21 per square yard per said contract. We look forward to the opportunity to be of service to you and Monroe County. Sincerely, Coin Durante Colin Durante President cduranteL&pavetechinc.com Enclosure cc: Chris Evers John J. Schlegel 611 CITY OF PLANTATION p� Plantation AGREEMENT Between THE CITY OF PLANTATION And PAVEMENT TECHNOLOGY, INC For ASPHALT REJUVENATION PROJECT- TERM CONTRACT AGREEMENT NO. 072-22 612 AGREEMENT Agreement By and Between City of Plantation Pavement Technology,Inc. for Asphalt Rejuvenation Project—Term Contract Agreement No. 072-22 1. PARTIES AND DATE. This Agreement ("Agreement") is made and entered into this day of 2023 by and between the CITY OF PLANTATION,a Florida Municipal Corporation with its principal place of business at 400 NW 73 AVENUE PLANTATION,FL 33317,("City")and PAVEMENT TECHNOLOGY,INC, a Ohio Corporation with its principal place of business at 24144 Detroit Road, Westlake, OH 44145 ("Contractor"). City and Contractor are sometimes individually referred to as "Party"and collectively as"Parties" in this Agreement. 2. RECITALS. 2.1 Contractor,. The Contractor shall timely complete the required services to the City as set forth in the terms and conditions in this Agreement. The Contractor represents that it is experienced in providing and furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt-rejuvenating agent to asphaltic concrete surface courses to public clients, is licensed and authorized to do business in the State of Florida, and is familiar with the requirements of the City. 2.2 Service The City desires to engage the Contractor to provide and furnish all labor,material,and equipment necessary to perform all operations for the application of an asphalt-rejuvenating agent to asphaltic concrete surface courses. The Contractor represents and warrants that it is able to satisfactorily provide the service according to the Scope of Services,which are incorporated herein by reference as Exhibit"A". The following Exhibits referenced herein are hereby incorporated into this Agreement-Exhibit "A" Scope of Services, Exhibit"B" documentation required by the City submitted by the Contractor during the solicitation period prior to Notice of Award, Exhibit "C" Front-End Documents, Exhibit I'D"Insurance Requirements,Exhibit"E"Rates,Exhibit"F"General Terms and Conditions,Exhibit "G" Addenda. 2.3 Procurement The City of Plantation electronically advertised an "Invitation to Bid" (ITB) for Asphalt Rejuvenation Project—Term Contract The City of Plantation received one (1) bid response from Contractors stating they can perform/provide the aforementioned service. The City of Plantation found Pavement Technology, Inc., to be the lowest responsive, responsible bidder and presented the recommendation of approval to the City Council for execution of an agreement. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract 613 AGREEMENT 1111-1-111-1-............. ...........- ..................... The City of Plantation City Council approved the execution of an agreement Asphalt Rejuvenation Project—Term Contract on Consent Agenda Item No. 8 on March 29, 2023. 3. TERMS. 3.1 Term. A X m The initial agreement period shall be for one (1) year, commencing 2023 and expiring on 2024. In addition, the City reserves the right to extend this Agreement for four (4) additional one (1) year renewal periods, provided the Contractor also agrees in writing to extension upon such terms as the City and Contractor agree. Prices shall remain firm and fixed for the initial term of the Agreement. 3.2 Rp%2on ilities...-- si ilities of Contractor. A Payme nt.Payment for work shall be authorized upon completion of all work specified in "Scope of Services" of this specification. Invoices will be subject to verification and approval by the department requesting the service. Each invoice shall be submitted in increments not greater than thirty (30)days.All invoices are required to be submitted within three (3)months, if invoices are not submitted within three (3)months, the City reserves the right not to pay due to delinquency. B. Contractor's Compensation. At the completion of Services, the Contractor shall receive a compensation of the prices listed below and further specified in Exhibit C. Rates: Descri Per SQ YD Cost Standard Specification—Reclamite $1.21/per square yard . ...... ..... Description Per SQ YD Cost Bid Alternate#11A._R.A-1 Ti Pollution- $2.49/per square yard Remediatin altene As Lihalt Rejuvenator 1-1-----,--- .................. C. Control and Payment of Subordinates..-, Independent Contractor. The Services shall be performed-b—yContractor or under its supervision. Contractor shall determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee. Contractor retains the right to perform similar or different services for others during the Term.Any additional personnel performing the Services on behalf of Contractor shall also not be employees of City and shall at all times be under the Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including,but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. ITB No.072-22; Asphalt Rejuvenation Project—Term Contract 614 AGREEMENT D. Control and Payment of Subcontractors. All work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier, which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of this Agreement for the benefit of the City. The Contractor shall be responsible for the payments to any Subcontractors, including any professional fees, or Suppliers and additional costs within 14 calendar days of City's payment to Contractor. The City shall not be responsible for any payments to Subcontractors or Suppliers. The City shall not be billed directly or indirectly for any professional fees or additional costs of the Subcontractors for the Project. E Schedule of Services. Contractor shall perform the Services expeditiously, within the Term, and in accordance with the Scope of Services set forth in Exhibit"A". Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate the Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Scope of Services. F. Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City. G Substitution of Key Personnel. Contractor has represented to City that certain key personnel will perform and coordinate the Services. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. As discussed below,any personnel who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Proj ect by the Contractor at the request of the City. H Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, Contractors, and other staff at all reasonable times. I Standard of Care; Performance of Employees. Contractor shall perform all Services in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of Florida. Contractor represents and warrants that it is skilled in the professional calling necessary to perform the Services. Contractor represents and warrants that all employees and Subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents and warrants that it, its employees, and Subcontractors have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to perform the Services and that such licenses and approvals shall be maintained throughout the Term. As provided for in the indemnification provisions of this Agreement, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its Subcontractor who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract 615 AGREEMENT Contractor and shall not be re-employed to perform any of the Services or to work on the Project. I Excusable Delays. Neither Party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the Party or Parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, pandemics, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a Party. Notwithstanding the foregoing,the City shall have no obligation to compensate Contractor for any Service that Contractor fails to perform, or otherwise has not performed. K Laws and Regulations; Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, and shall give all notices required by law. Contractor warrants that it shall perform the Services in compliance with all applicable Federal and Florida employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Contractor shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs,presented,brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Contractor's performance under this Agreement. Contractor shall be liable for all violations of such laws and regulations in connection with the Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. i. Equal Opportunity Employment. Contractor represents and warrants that it is an equal opportunity employer and it shall not discriminate against any Subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. L. Insurance. i. Time for Compliance. Contractor shall not commence Services until it has provided evidence satisfactory to the City that it has secured all insurance pursuant to Exhibit"D". In addition, Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the Subcontractor has secured all insurance pursuant to Exhibit"D". M Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract 616 AGREEMENT procedures; (B) instructions in accident prevention for all employees and Subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures. N. Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of 3 years from the date of final payment under this Agreement. 3.3 Termination of Agreement. A For Convenience. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least 30 calendar days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause. The City may terminate this Agreement for convenience even if Contractor avails itself of the Dispute Resolution process set forth below in subsection 3.6C. B. For Cause. City may, by written notice to Contractor,terminate the whole or any part of this Agreement at any time and with cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least 21 calendar days before the effective date of such termination. The City may, but is not obligated to, provide Contractor with an opportunity to cure any breach prior to the effective date of any termination for cause. The Contractor may not terminate this Agreement except upon a breach by the City, which is not cured upon 21 calendar days notice to City. In case of the Contractor's termination for cause, the Contractor shall be paid for Services satisfactorily provided to such termination date, less any setoffs or adjustments City may claim arising out of the Contractor's breach, the remaining unperformed parts of this Agreement, and for that portion(if any) of the Contractor's performance which is unsatisfactory (the intent being that the Contractor be paid what is just and equitable compensation for the Contractors' performance of Services rendered to the satisfaction of the City). Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Should the Contractor avail itself of the Dispute Resolution process set forth below in subsection 3.6C,then the City may not terminate this Agreement for Cause until the conclusion of the Dispute Resolution process. C. Mutual Termination. This Agreement may also be terminated by mutual written agreement at any time and under any terms. D. Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services. Contractor shall be required to provide such documents and other information within 21 calendar days of the request. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract 617 AGREEMENT E Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, Services similar to those terminated. 3.4 Ownership of Materials and Confidentiality. A Documents & Data, Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy,use,modify,reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data in any form, which are prepared or caused to be prepared by Contractor under this Agreement("Documents&Data"). All Documents & Data shall be and remains the property of City, and shall not be used in whole or in substantial part by Contractor on other projects without the City's express written permission. Within 21 calendar days following the completion, suspension, abandonment or termination of this Agreement, Contractor shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Contractor is entitled under the termination provisions of this Agreement, Contractor shall provide all Documents & Data to City upon payment of the undisputed amount. Contractor shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Contractor shall retain copies of all Documents&Data on file for a minimum of 15 years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents& Data following this retention period, Contractor shall notify City and provide City with the opportunity to obtain the Documents & Data. B. SubContractors. Contractor shall require all SubContractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the SubContractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or its SubContractors, or those provided to Contractor by the City. C. Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Contractor shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Contractor's seal from the Documents & Data. Contractor shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Contractor shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Contractor, a party for whom the Contractor is legally responsible or liable, or anyone approved by the Contractor. D. Indemnification. Contractor shall defend, indemnify and hold the City, its, officials, officers, employees, volunteers, and agents free and harmless, pursuant to the ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract 618 AGREEMENT indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright,trade secret,trade name,trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City the Documents & Data, including any method, process, product, or concept specified or depicted. This subparagraph shall survive termination or expiration of this Agreement. E Confidentiality. To the maximum extent permitted by law, all Documents & Data, either created by or provided to Contractor in connection with the performance of this Agreement, shall be held confidential by Contractor. All Documents&Data shall not,without the prior written consent of City,be used or reproduced by Contractor for any purposes other than the performance of the Services. To the maximum extent permitted by law, Contractor shall not disclose, cause or facilitate the disclosure of the Documents & Data to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Contractor that is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.5 General Provisions. A Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective Parties at the following address, or at such other address (physical or electronic) as the respective Parties may provide in writing for this purpose: Contractor: Pavement Technology, Inc Colin M. Durante, President 24144 Detroit Road Westgate, OH 44145 City: Mayor Nick Sortal 400 NW 73rd Avenue Plantation, FL 33317 With copies to: Jason Nunemaker Chief Administrative Officer 400 NW 73rd Avenue Plantation, FL 33317 Kerry L. Ezrol, City Attorney Goren Cherof, Doody & Ezrol, P.A. 3099 E Commercial Blvd., Ste. 200 Fort Lauderdale, FL 33308 ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract 619 AGREEMENT Such notice shall be deemed made when personally delivered, or, if mailed, 48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address, or delivered to such electronic mail address provided by the Parties for service of notices under this subsection when receipt is acknowledged by electronic written response by the receiving Party. B. Indemnification. i. Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend,indemnify and hold the City,its officials, officers, employees,volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions of Contractor, its officials, officers, employees, subcontractors, contractors, or agents in connection with the performance of the Contractor's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney's fees and other related costs and expenses, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this Agreement. ii. Additional Indemnity Obligations. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by Contractor from the City that such amount is due, be made by Contractor prior to the City being required to pay same, or in the alternative, the City, at the City's option, may make payment of an amount so due and Contractor shall promptly reimburse the City for same, together with interest thereon at the statutory rate from the date of receipt by Contractor of written notice from the City that such payment is due. Contractor agrees, at Contractor's expense, after written notice from the City, to defend any action against the City that falls within the scope of this indemnity, or the City, at the City's option, may elect not to tender such defense and may elect instead to secure its own attorney to defend any such action and the reasonable costs and expenses of such attorney incurred in defending such action shall be payable by Contractor. Additionally, if Contractor, after receipt of written notices from the City, fails to make any payment due hereunder to the City, Contractor shall pay any reasonable attorney's fees or costs incurred by the City in securing any such payment from Contractor. iii. Nothing contained herein is intended nor shall it be construed to waive the City's rights and immunities under the common law or Florida Statute §768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist in the City's favor. Notwithstanding any other provision of this Agreement to which it is applicable, City shall not be liable or responsible to Contractor beyond the monetary limits and amounts specified in Ch. 768.28, Fla. Stat., regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Contractor for punitive or exemplary damages or for lost profits or consequential damages. iv. This paragraph shall survive termination or expiration of this Agreement. C. Dispute Resolution ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract 620 AGREEMENT i. In the event that any dispute between the City and the Contractor concerning questions or issues arising under this Agreement that have not been resolved, a request for dispute resolution shall be submitted by the Contractor to the City for determination. Request for such determination shall be made in writing. The City's decision may be reached in accordance with assistance, as it may deem reasonably necessary or desirable. The City's decision shall be rendered in writing no more than 30 calendar days after receipt of a fully documented (to the extent that such documents are within the control of the Contractor)request for a determination. The decision shall be conclusive, final, and binding on all Parties, unless the Contractor shall seek a judicial determination in accordance with the provisions set forth below in subsection 3.6D. ii. No later than 10 calendar Days after the Contractor's receipt of the City's determination, the Contractor shall respond to the City in writing, either accepting the determination or stating the Contractor's factual or legal objection to the determination. If the Contractor's response is an objection, the City shall respond in writing to the objection within 10 calendar days after receipt. No further response by either Party shall be required. Thereafter, the Contractor may seek a judicial determination of the dispute. In the event that the Contractor intends to seek judicial determination of a matter decided by the City, the Contractor shall notify the City of its intent to do so within 10 calendar days of the City's final decision. iii. If required by City, the Contractor shall continue to perform the Services required under this Agreement during this resolution period,including any judicial resolution. The City's written determination shall be complied with pending final resolution, including judicial, of the dispute. If the Contractor complies with the City's written determination, the City shall continue to perform under this Agreement and make all payments due (other than those or the portions of payments in dispute,if any) during the resolution period. This payment provision shall not apply in the event that the Contractor fails to submit a dispute to the City as required by this subsection. The continued performance of this Agreement by either Party shall not constitute an admission as to any factual or legal position in connection with the dispute, or a waiver of its rights under this Agreement or at Law. D. Governing Law; Judicial Review;Venue. This Agreement shall be governed by the laws of the State of Florida and venue shall be in Broward County without regard to its conflicts of law. The Parties hereby agree that in the event of any litigation between them, such proceeding shall be brought exclusively in the courts of the State of Florida, County of Broward or the Federal District Court with subject matter jurisdiction and encompassing the County of Broward, Florida. Each Party hereby irrevocably consents and submits to the jurisdiction of, and venue in,the aforementioned courts, and further waives any claim that a proceeding brought therein has been brought in an inconvenient forum. To the extent not prohibited by applicable law that cannot be waived, the City and Contractor hereby waive, and covenant that they will not assert (whether as plaintiff, defendant or otherwise), any right to trial by jury in any action arising in whole or in part under or in connection with this Agreement, whether now existing or hereafter arising, and whether sounding in contract, tort or otherwise. E Time of Essence. Time is of the essence for each and every provision of this Agreement. F. City's Right to Employ Other Contractors. City reserves right employ other contractors in connection with this Project. Successors and Assigns. G Successors and Assigns, This Agreement shall be binding on the successors and assigns of the Parties. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract 621 AGREEMENT H Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. I Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Contractor include all personnel, employees, agents, and SubContractors of Contractor, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement. J Amendment; Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. K Waiver. No waiver of any default shall constitute a waiver of any other default or breach,whether of the same or other covenant or condition.No waiver,benefit,privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel or otherwise. L. No Third-Party Beneficiaries. Except to the extent expressly provided for in this subsection,there are no intended third-parry beneficiaries of any right or obligation assumed by the Parties. The City has three dependent districts (Plantation Midtown Development District, Plantation Gateway, and the City of Plantation Community Redevelopment Agency) hereinafter "Districts", all of which have the power to execute contracts, and all of which are served by City personnel for the purpose of Administration. Such Districts shall be intended third Party beneficiaries and shall be able to enforce the terms hereof for any Serves provided on behalf of the Districts. M. Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. N. Prohibited Interests. The Contractor warrants and represents that no elected official, officer, agent or employee of the City has a financial interest directly or indirectly in this Agreement or the compensation to be paid under it, and further, that no City employee who acts in the City as a"purchasing agent" as defined by §112.312(20),Florida Statutes, as amended, nor any elected or appointed officer of the City, nor any spouse or child of such purchasing agent employee or elected or appointed officer, is a partner, officer, director, or proprietor of the Contractors, and further, that no such City employee purchasing agent, City elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Contractors. Material interest means direct or indirect ownership of more than Five Percent (5%) of the total assets or capital stock of the Contractors. O. Conflicts of Interest. Contractor covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with City. Contractor further covenants that, in ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract 622 AGREEMENT the performance of this Agreement, no person having such conflicting interest shall be employed, any such interests, on the part of Contractor or its employees, must be disclosed in writing to City. Contractor is aware of the conflict of interest laws of the State of Florida, Chapter 112, Florida Statues, as amended, and agrees that it will fully comply in all respects with the terms of said laws. Contractor warrants that it has not employed or retained any person employed by City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay, any public official or person employed by City any fee, commission, percentage, brokerage fee or gift of any kind, contingent upon of resulting from the award of this privilege. P. Convicted Vendor List. Contractor represents to City that it is not a person or affiliate as defined in §287.133, Florida Statutes, as amended, which has been placed on the convicted vendor list maintained by the Florida Department of Management Services following a conviction for a public entity crime. Contractor acknowledges and agrees that it may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for the construction or repair of any public building or public work, may not submit bids on leases of real property with the City, may not be awarded an opportunity to perform work as a Contractor, supplier, SubContractor or Contractor under a contract with the City, and may not transact business with the City in an amount set forth in §287.017, Florida Statutes, as amended, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. Q. Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. R Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. S. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original,-and it shall not be necessary in making proof of this Agreement to produce or account for more than one such counterpart. T. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both Parties THIS SECTION WAS INTENTIONALLY LEFT BLANK ITB No. 072-22;Asphalt Rejuvenation Project-Term Contract 623 AGREEMENT ........... .................... IN WITNESS WHEREOF, CITY OF PLANTATION AND PAVEMENT TECHNOLOGY, INC have signed this Agreement in duplicate. One counterpart each has been delivered to the City and Contractor. Attest: CITY OF PLANTATION Ap,ieg,j�j-' By� L A Nick S"ortal, Mayor "'I A Organized As to legal form: E4�,)11, t.V,Attorney J�prd 30, 1951 ( As to Procurement: 0 ent: Ch, mm "pencer, Procure ient Director , �+6- e itness: . .......... Typed name of Witness Witness: Tyy =d name. f Witness STATE OF FLORIDA COUNTY OF BROWARD THE FOREGOING INSTRUMENT was ac aiowledged before me by means of[Dv6sical presence s Z' or o online notarization, this i )r(' 2023, by Nick Sortal, as Mayor of the City of Plantation, a Florida municipal corpora lion,'on behalf of the municipal corporation. She is yers ally 4m.own-to me or has produced . as identification. ......................... My commission expires: gx#'. oVtOM�80 UBLIC!,14;, NOTARYP +` ,`ci SER20 W040 #GG033A71 SO OF public 046 d' flflluH ITB No. 072-22;Asphalt Rejuvenation Project—"Perm Contract 624 AGREEMENT Signed, Sealed in the presence of: PAVEMI`,�T TECHNOLOGY, INC," an Ohipt.Grp iriation 0, By: olin ;6rante, President M.f Susan"Durahte T y—pe d_�a ime o f" -_'—"' Witness Witness: Debbie Cancelliere Typed_name"ofWitness__ STATE OF Ohio COUNTY OF,Cuyaho,9A__, The foregoing instrument was acknowledged before me by means of dphysical presence or o online notarization, this 14 1, tdate) by Colin M. Durantq, Is Pre i4ent., an Ohio Corporation, on behalf of the Corporation. They are,,"p 1 4, 1 1 y 1.111k,i 1 1'1 6w 11 n 1 11 11111 rne or who has produced (type of identification)as identification. ........... My comm ission expires: Eftobeth Welm" ' Notoy PubUo,Suite of Ohio NOTARY PUBLIC W CwviW=Bow Fe muq 27.20211 ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract 625 OFFICE OF THE MAYOR ' CITY COUNCIL Nick Sortal Jennifer Andreu, President Mayor Timothy J. Fadgen, President Pro Tern PROCUREMENT DEPARTMENT 1 Erik Anderson Charles Spencer, NIGP-CPP Plantation Denise Horland Director z,acucr' Louis Reinstien March 30,2023 Colin Durante Pavement Technology,Inc 24144 Detroit Toad Westlake, OH 44145 Email: dcancelliere@pavetechinc.com RE:ITB No. 072-22;Asphalt Rejuvenation Project-Term Contract Dear Colin Durante: This letter is to inform you that the City of Plantation-City Council-authorized and approved the following on Consent Agenda Item No. 8 during their March 29,2023 meeting. • Approval to execute a term agreement between the City of Plantation and Pavement Technology, Inc., for "Asphalt Rejuvenation-Term Contract"in accordance with ITB No. 072-22. The contract/agreement initial term shall be for one (1) year with an option to renew/extend for four (4) additional one (1) year periods, provided Contractor also agrees in writing to extension upon such terms as the City and Contractor agree. After the required protest period has passed (April 3, 2023 (Da,4:30pm), a representative from the Procurement Department will be contacting you to execute a formal agreement. Pricing Information: Description Per SQ YD Cost Standard Specification—Reclamite $1.211per square yard Description Per SQ YD Cost Bid Alternate#1 (A.R.A.-I Ti Pollution-Remediating Maltene Asphalt Reiuvenator) $2.491per square yard Please take this opportunity to obtain the required Certificate of Insurance(naming the City as additionally insured). In addition, if you have not already done so, please register as a City of Plantation vendor by visiting our website (www.plantation.org) and completing the proper application Note:The City shall not be obligated to any Bidder to enter into a contract or issue a purchase order with the Bidder despite the City governing body prospectively awarding the Project to a successful Bidder.The City shall be obligated to any Bidder for the project if and only if the CITY enters into a contract or issues a purchase order for the Project with the Bidder, and further, no action will lie against the City to compel the City to execute any such contract or purchase order, or to recover from the City any damages, costs, lost profits, expenses, etc., that Bidder may incur if the City chooses not to sign such contract or issue a purchase order. If you have any questions,please do not hesitate to contact me. Respectfully, X es Spencer,NIGP-CPP Procurement Director ESpencer@Plantation.org 626 Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 .QQRP T Pavement Technology, Inc. I hereby certify that I am the Founder and President of PavementTechnology, Inc., a corporation duly organized and existing under the laws of the State of Ohio; that on this 2nd day of January, 2007, the board of directors of said Corporation authorized and approved the Secretary/Treasurer of said corporation to execute any proposals and contracts for and in behalf of said corporation; that said authority is not contrary to any provision in the articles of incorporation or code of regulations or code of bylaws of said corporation; that said authority has not been rescinded or modified and that Susan J. Durante is the duly elected and acting Secretary/Treasurer of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name on this 2nd day of January, 2007. Ii Durant , esident 627 EXHIBIT "A" (SCOPE OF SERVICES/WORK) 628 TECHNICAL SPECFICATIONS I. Scope: This work shall consist of furnishing all labor,material,and equipment necessary to perform all operations for the application of an asphalt-rejuvenating agent to asphaltic concrete surface courses. The rejuvenation of surface courses shall be by spray application of a maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract. We are bidding for a two-year initial contract term with renewal options for an additional three one-year terms providing both parties agree and that all terms and conditions remain the same. Rates shall remain firm and fixed for the initial contract term. II. Material Specifications: The asphalt-rejuvenating agent shall be an emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each bidder must submit with his bid a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt-rejuvenating emulsion conforms to the required physical and chemical requirements. SPECIFICATIONS Test Method Requirements Tests ASTM AASHTO Min. Max. Tests on Emulsion: Viscosity @ 25°C, SFS D-244 T-59 15 40 Residue, %W' D-244(Mod.) T-59(Mod) 60 65 Miscibility Test D-244(Mod.) T-59(Mod) No Coagulation Sieve Test, %W3 D-244(Mod.) T-59(Mod) - 0.1 Particle Charge Test D-244 T-59 Positive Percent Light Transmittance4 GB GB - 30 Tests on Residue from Distillation: Flash Point, COC, °C D-92 T-48 196 - Viscosity @ 60°C, cSt D-445 - 100 200 Asphaltenes, %w D-2006-70 - - 1.00 Maltene Dist. Ratio D-2006-70 - 0.3 0.6 PC+Al- S +Az PC/S Ratios D-2006-70 - 0.5 - Saturated Hydrocarbons,S5 D-2006-70 - 21 28 ------------------------------------------------------------------- ' ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50-gram sample to 149 C(300 F)until foaming ceases,then cool immediately and calculate results. 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. s Test procedures identical with ASTM D-244-60 except that distilled water shall be used in place of two percent sodium oleate solution. 4 Test procedure is attached. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 14 629 TECHNICAL SPECFICATIONS s Chemical composition by ASTM Method D-2006-70: PC=Polar Compounds, A, =First Acidaffins Az = Second Acidaffins, S = Saturated Hydrocarbons PROCEDURE FOR DETERMINING PERCENT LIGHT TRANSMITTANCE ON ASPHALT REJUVENATING AGENT A. SCOPE This procedure covers the determination of percent light transmittance of the asphalt-rejuvenating agent. B. APPARATUS 1) Container may be either glass,plastic or metal having a capacity of 6,000 ml. 2) Graduated cylinder, 1,000 ml, or greater 3) Light transmittance measuring apparatus, such as Bausch and Lomb or Lumetron spectrophotometer 4) Graduated pipette having 1 ml capacity to 0.01 ml accuracy 5) Suction bulb for use with pipette 6)Test tubes compatible with spectrophotometer, 3/4"X 6,Bausch and Lomb, Catalog No. 33-17- 81, (B&L) C. CALIBRATION OF SPECTROPHOTOMETER 1) Calibrate spectrophotometer as follows: (a) Set wavelength at 580 mu, (b) Allow spectrophotometer to warm-up thirty minutes,(c)Zero percent light transmittance(%LT)scale, (d)Rinse test tube three times with tap water and fill to top of circle marking on B&L test tube or approximately 2/3 full, (e) Place tube in spectrophotometer and set %LT scale at 100, and (f)repeat steps (c)and(e)two times or until no further adjustments are necessary. D. PROCEDURE 1) Shake, stir, or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion in beaker and allow to stand one minute. 2) Place 2,000 ml tap water in container. 3) Suck 1.00 ml emulsion into pipette using suction bulb. Wipe off outside of pipette. 4) Using suction bulb,blow emulsion into container. 5) Rinse pipette by sucking in diluted emulsion solution and blowing out. 6) Clean pipette with soap or solvent and water. Rinse with acetone. 7) Stir diluted emulsion thoroughly. 8) Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. 9) Calibrate spectrophotometer. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 15 630 TECHNICAL SPECFICATIONS 10) Place diluted emulsion sample tube in spectrophotometer, cover, and read%LT to nearest tenth. 11) Repeat steps 9 and 10 until three identical consecutive readings are achieved. 12) The elapsed time between addition of emulsion to dilution of water and final %LT reading should not exceed 5 minutes. III. Material Performance: The asphalt-rejuvenating agent shall have the capability to penetrate the asphalt pavement surface and performing as follows. The asphalt-rejuvenating agent shall be absorbed and incorporated into the asphalt binder. Verification that said incorporation of the asphalt-rejuvenating agent into the asphalt binder has been affected shall be by analysis of the chemical properties of said asphalt binder i.e. viscosity shall be reduced by petroleum maltene fraction replacement method to the following extent. For pavements receiving the first or original application of rejuvenating agent,the viscosity shall be reduced by a minimum of thirty-five, (35%) percent as determined by dynamic shear rheometer(DSR)method for asphalt testing in accord with AASHTO T315-05. For retreated pavements after an initial treatment with the asphalt rejuvenator,the viscosity shall be reduced by petroleum maltene replacement method a minimum of twenty percent (20%) as determined by dynamic shear rheometer (DSR) method for testing in accord with AASHTO T315-05. In addition,the phase angle shall be increased. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, in the upper three eights inch (3/8") of pavement. In addition,the treated areas shall be sealed in-depth to the intrusion of air and water. The rejuvenating agent shall have a record of at least five years of satisfactory service as a petroleum maltene based emulsion asphalt-rejuvenating agent and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder by petroleum maltene fraction replacement method, increase the phase angle,and provide an in-depth seal. Reclamite®, a Tricor Refiners, LLC product manufactured by D & D Emulsion, Inc., Mansfield, Ohio, is a product of know quality and accepted performance. The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid, previous use documentation and test data conclusively demonstrating the rejuvenating agent has been used successfully for a period of five years by government agencies such as Cities, Counties, etc. and that the asphalt- rejuvenating agent has been proven to perform,as heretofore required,through field testing by government agencies as to the required change in asphalt binder viscosity and phase angle. Prior testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency. In addition, prior testing data shall be submitted to indicate said product performance as heretofore described over a minimum testing period of three years to insure reasonable life expectancy. RECLAMITE®, a Tricor Refiners, LLC product manufactured by D &D Emulsion Inc., Mansfield Ohio, is a product of known quality and accepted performance. IV. Applicator Experience: The asphalt-rejuvenating agent shall be applied by an experienced applicator of such material. The bidder shall have a minimum of three years' experience in applying the product proposed for use. He must submit with his bid a list of five projects on which he applied said rejuvenator. He shall indicate the project dates, ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 16 631 TECHNICAL SPECFICATIONS number of square yards treated in each and the name and phone number of the government official in charge of each project. A project superintendent knowledgeable and experienced in application of the asphalt-rejuvenating agent must be in control of each day's work. The bidder shall submit a written experience outline of the project superintendent. V. PRODUCT STANDARDS AND ALTERNATES: The product"Reclamite"®for the asphalt-rejuvenating agent,a Tricor Refiners,LLC product manufactured by D &D emulsions,Inc. Mansfield, Ohio is the standard for these specifications and the prices quoted on the Bid Sheet Base Bid shall be for this standard. Should a bidder wish to submit a bid for alternates to the Standard, said prices shall be entered on the BID SHEET as the "Alternate Bid" for each item. In the event that the bidder submits no bid for the Standard, only the "Alternate Bids" should be completed. Bidders may offer an ALTERNATE for the Standard specified in the Specifications provided the bidder adheres to the following and submits same with his bid. (a) List the proposed alternate on the BID SHEET form giving the product name and price. (b) Furnish complete specifications and descriptive literature for the alternate as well as a one-gallon sample of the material proposed for use. Such descriptive and detailed information shall be complete and at least equal in detail to the agency's requirements for the standard item for which the alternate is offered. (c) Submit a current Safety Data Sheet for the alternate materials. The agency will give the alternate consideration. The Contractor may furnish only those alternate items included in his proposal and approved by the agency prior to award of a contract. (d) Furnish all required test data and use documentation as heretofore required. If no ALTERNATE is indicated on the BID SHEET,the Contractor shall furnish the STANDARD(brand) specified in the attached specifications. Should the ALTERNATE offered be found unacceptable by the agency based on the data submitted with the bid and no bid is entered on the BID SHEET for the Standard, then said bid will be considered non-responsive. VI. APPLICATION TEMPERATURE/WEATHER LIMITATIONS: The temperature of the asphalt rejuvenating emulsion, at the time of application shall be as recommended by the manufacturer. The asphalt-rejuvenating agent shall be applied only when the existing surface to be treated is thoroughly dry and when it is not threatening to rain. The asphalt-rejuvenating agent shall not be applied when the ambient temperature is below 40°F. VII. HANDLING OF ASPHALT REJUVENATING AGENT: Contents in tank cars or storage tanks shall be circulated at least forty-five minutes before withdrawing any material for application. When loading the distributor,the asphalt-rejuvenating agent concentrate shall be ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 17 632 TECHNICAL SPECFICATIONS loaded first and then the required amount of water shall be added. The water shall be added into the distributor with enough force to cause agitation and thorough mixing of the two materials. To prevent foaming,the discharge end of the water hose or pipe shall be kept below the surface of the material in the distributor that shall be used as a spreader. The distributor truck will be cleaned of all of its asphalt materials,and washed out to the extent that no discoloration of the emulsion may be perceptible.Cleanliness of the spreading equipment shall be subject to the approval and satisfaction of the Engineer. VIII. RESIDENT NOTIFICATION: The contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice will be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type that secures to the door handle of each dwelling. Unsecured notices will not be allowed. The contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental to the contract. IX. APPLICATING EQUIPMENT: The distributor for spreading the emulsion shall be self-propelled, and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt-rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.04 to 0.08 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5 percent of the specified rate. Distributor equipment shall include full circulation spray bars, pump tachometer, volume-measuring device, and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The distributor shall have a computerized system,acceptable to the Engineer that controls the rate of product application. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. The truck used for applying rock dust, or other aggregate when required and approved by the Engineer, shall be equipped with a spreader that allows the rock dust to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of rock dust or other aggregate per square yard in a single pass. The spreader shall be adjustable so as not to broadcast the rock dust or other aggregate onto driveways or tree lawns. The rock dust or other aggregate to be used shall be free flowing,without any leaves,dirt, stones,etc. Any wet rock dust shall be rejected from the job site. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 19 633 TECHNICAL SPECFICATIONS Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired or replaced at the direction of the Engineer. X. APPLICATION OF REJUVENATING AGENT: The asphalt-rejuvenating agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to insure full rate of spread over the entire area to be treated.Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. Application of asphalt-rejuvenating agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event, the centerline construction joint area of the pavement shall be treated in both application passes of the distributor truck. Before spreading, the asphalt-rejuvenating agent shall be blended with water at the rate of two (2) parts rejuvenating agent to one (1) part water, by volume or as specified by the manufacturer for jobsite conditions. The combined mixture of asphalt-rejuvenating agent and water shall be spread at the rate of 0.04 to 0.08 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff,in the opinion of the Engineer,shall have the required amounts applied in two or more applications as directed. After the rejuvenating emulsion has penetrated and when surface conditions require a light coating of dry rock dust,or other aggregate approved by the Engineer, shall be applied to the surface in sufficient amount to protect the traveling public as required by the Engineer. The rock dust or other approved aggregate shall be swept and removed from the streets and properly disposed of at the Contractor's expense within 24 hours of application. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt-rejuvenating agent. When directed by the Engineer,the Contractor shall take representative samples of material for testing. XI. STREET SWEEPING: The Contractor shall be responsible for sweeping and cleaning of the streets prior to, and after treatment. Prior to treatment,the street will be cleaned of all standing water, dirt, leaves, foreign materials, etc. This work shall be accomplished by hand brooming,power blowing or other approved methods. If in the opinion of the Engineer,the hand cleaning is not sufficient,than a self-propelled street sweeper shall be used. All rock dust or other approved material used during the treatment must be removed no later than 24 hours after treatment of the street.This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt-rejuvenating agent. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 19 634 TECHNICAL SPECFICATIONS If, in the opinion of the Engineer, additional rock dust is required, said material shall be applied by the contractor. Said rock dust shall be swept up no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of rock dust. XIL TRAFFIC CONTROL: The Contractor shall schedule his operations and carry out the work in a manner to cause the least disturbance and/or interference with the normal flow of traffic over the areas to be treated. Treated portions of the pavement surfaces shall be kept closed and free from traffic until penetration, in the opinion of the Engineer,has become complete and the area is suitable for traffic. When, in the opinion of the Engineer,traffic must be maintained at all times on a particular street,then the Contractor shall apply asphalt-rejuvenating agent to one lane at a time. Traffic shall be maintained in the untreated lane until the traffic may be switched to the completed lane. The Contractor shall be responsible for all traffic control and signing required to permit safe travel. The contractor shall notify the police and fire departments as to the streets that are to be treated each day. If, in the opinion of the Engineer,proper signing is not being used,the Contractor shall stop all operations until safe signing and barricading is achieved. XIII. METHOD OF MEASUREMENT: Asphalt-rejuvenating agent will be measured by the square yard as provided for in the Contract Documents. XIV. BASIS FOR PAYMENT: The accepted quantities, measured as provided for above, will be paid for at the contract unit price for asphalt-rejuvenating agent. Asphalt-rejuvenating agent shall be paid for PER SQUARE YARD, which shall be full compensation for furnishing all materials, equipment, labor and incidentals to complete the work as specified and required. END OF SECTION ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract page 20 635 EXHIBIT "B" (Documentation required by the City and submitted by Contractor prior to Notice of Award) 636 NON-COLLUSION CERTIFICATION TO BE RETURNED WITH BID By signing and submitting this bid, the BIDDER certifies that this bid is made independently and free from collusion. BIDDER shall disclose below,to their best knowledge, any City of Plantation officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2014), who is an officer of director or, or has a material interest in, the BIDDER's business, who is in a position to influence this procurement. Any City of Plantation officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER, or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. Failure to submit this executed statement as part of the bid shall make the bid nonresponsive and not eligible for award consideration. In the event the BIDDER does not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any relationship described herein shall be reason for termination of bid or award,whichever is applicable,with no time to cure. NAME RELATIONSHIP N/A ell IN 'tness s: m BIDDII . � y e: u san Durante `m y � ar � � Name: Colin Durante .. ,dei 0 a, Title:1h President ........ Typed name: Debbie Cancelliere .ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 12 637 NON—COLLUSION CERTIFICATION �.......... ..µµ............ .. .� .mrvrvrvrvrvry �rv� ��„wwwn �� �. ,...... NOTARY BLOCK FOR AN INDIVIDUAL STATE OF _ ._....................._-.___u.......... . COUNTY OF ...._......._...._. ..........._.._ The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑ online notarization, this (date) by (name of personal acknowledging), who is personally known to me or who has produced �._........................ —(type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged bef,`ore me by means of physical presence Colinnotarization, this 11 r2s � ores C�uc��uk lute) by _.President._......_ (name oft Pavefive r or agent, title of officer or agent),nt or ❑ online na�t� hnology,$nc, (name of tion ging), an or place of incorporation)�corporation, on behalf of he acorporation.t 11 sloe is — ::. (state gnor who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC I' h Malcusny Notwy ic,State t of Ohio W :Febmaiy 27,2 25 � N1 y ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 1 :638 jwt'n ; QUALIFICATION STATEMENT Fill "� The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter(Attach additional sheets with appropriate reference, if necessary). You must respond to all questions. FAILURE TO DISCLOSE OR PROVIDE THE REQUESTED INFORMATION BELOW MAY RESULT IN THE BIDDER'S BID BEING DEEMED NON- RESPONSIVE AND THE BIDDER AS NOT QUALIFIED FOR AWARD. SUBMITTED TO: City of Plantation ADDRESS: 400 NW 73rd Avenue Plantation, FL 33317 SUBMITTED BY: Pavement Technology, Inc. NAME: Colin Durante ADDRESS: 24144 Detroit Road, Westlake, OH 44145 TELEPHONE NO.: 440-892-1895 FAX NO.: 440-892-0953 EMAIL ADDRESS: dcancelliere@pavetechinc.com I. State the true, exact,correct and complete name of the partnership, corporation,trade or fictitious name under which you do business and the address of the place of business. The correct name of the BIDDER is: Pavement Technology, Inc. principal p 24144 Detroit Road Westlake OH 44145 The address o the rinci al lace of business �s: �ITITITITITITmmmmm__wwwwwwwww, The business is a(Sole Proprietorship) (Partnership) (Corporation) V 2. If BIDDER is a corporation, answer the following: a. Date of Incorporation: 5/30/1972 ........ b. State of Incorporation: Ohio c. President's Name: Colin Durante ..__ .— ............ d. Vice President's Name: John�Schle e I - e. Secretary's Name: Susan Durante f. Treasurer's Name: Susan Durante ....... g. Name and address of Resident Agent: Business Filings Incorporated 1200 S. Pine Island Rd., Plantation, FL 33324 3. If BIDDER is an individual or a partnership, answer the following: a. Date of organization: b. Name address and ownership units of all partners: — .................-__ .......— ..... c. State whether general or limited partnership: ............_ .. ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Pagel :639 QUALIFICATION STATEMENT///71h "�" --- -- ......................... 4. If BIDDER is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: Bidder is a corporation. ............. 5. If BIDDER is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6. How many years has your organization been in business under its present business name: 50 a. Under what other former names has your organization operated? None. T Indicate registration, license numbers or certificate numbers for the business or professions that are the subject of this Proposal. Please attached certificate of competency and/or state registration. Please include the foregoing information for all parties to be assigned to the project. State of Florida - Certificate P12308 8. Have you personally inspected the site(s)of the proposed work? (y) Yes (N) 9.. Do you have a complete set of documents, including agenda? (y)Yes (N) 10. Have you ever failed to complete any work awarded to you? If so, state when,where and why? No. IL Within the five(5)years, has any officer of partner of your organization ever been an officer or partner of another organization when it failed to complete a contract? If so,explain fully. No. 12. State the names,telephone numbers and last known addresses of three (3)owners, individuals or representatives of owners with the most knowledge of work which you have performed or goods you have provided, and to which you refer(government owners are preferred as references). Please see page 29. 13. List the pertinent experience of the key individuals of your organization(continue on insert sheet, if necessary). Please see attached Key Individuals' Experience Records. 14, Provide a list of similar projects, which have been completed within the past five (5)years, including project description, owner's names, addresses and phone numbers. Please see attached Project Experience List. 15. Provide a list of work currently under contract. Please see attached Current Contracts List. ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 1 :640 QUALIFICATION STATEMENT 16. On Exhibit A, list all disputes, claims, mediations and litigation in which the bidding entity, a parent entity,an affiliate entity, a predecessor entity or other entities with which you were then associated or affiliated were involved in any contract disputes over the last five(5)years as of the solicitation response due date. If BIDDER is a joint venture,the information provided should encompass the joint venture and each of the entities forming the joint venture. For said claim, identify with particularity the nature of such dispute,the names and addresses of the other parties to such disputes, and whether or how such disputes were resolved, including any mediation, arbitration or litigation involved and dollar awards. [Do not include disputes, claims, mediations and litigation that involve only garnishment, auto negligence, personal injury, or a proof of claim filed by BIDDER] N/A 17. List all disputes, claims, mediations and litigation between the Owner and any of the responding entity's subcontractors/subconsultants over the last five(5)years as of the solicitation response due date. N/A I& Has any governmental entity within the last five(5)years commenced proceedings to discipline any of the officers, partners, or principals of the BIDDER, or sought to revoke a license held by the BIDDER(or its qualifying agent)? If so, please describe in detail the proceedings and how the matter was resolved. No. 19. Will you sublet any part of this work? If so, give details. (sub-contractor's name,address, phone number and contact) No. 20. Provide a list of equipment available to be committed to perform the work contemplated under this contract. Please see attached Equipment List. 21. Please list any objections to the text of the Contract Documents in the area below or on separate sheets of paper attached hereto, if necessary. N/A 22. Please attach a copy of your latest financial statement. ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page :641 M QUALIFICATION STATEMENT `l NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑ online notarization, this_._(date) by mmmmmmmmmmmmwwwwwwww� (name of personal acknowledging), who is personally known to me or who has produced _(type of identification) as identification. My commission expires: NOTARY PUBLIC, STATE OF FLORIDA NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of N(physical presence or ❑ online notarization, this 1/9/23 (date) by dawn Durante,Prima ant ...... .... (name of officer or agent, title of Pavement officer or agent), of Technoloav Inc. name of corporation acknowledging), a Ohio (state or place of incorporation) corporation, on behalf of he corporation II is tersonally known t e o identification)�� p (typ f as identification. for who has produced __________ My commission expires: Eksbeth MWcusny e of Ohio NOTARY PUBLIC, STATE OF 4 ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 642 BIDDER'S CERTIFICATION fill in t r�,n�`'��.`� WHEN BIDDER IS A CORPORATION � �� � ��..............� � IN WITNESS WHEREOF, the BIDDER hereto has executed this Form this 9th day of Januaa , 2023 . Pavement Technology, Inc. Printed Name of Corporation Ohio qn P11 to 1 ltcotlaratio�t By. Signature of President or other authorized officer 'C-ORPOI A' E Sl� L) Colin Durante President Printed Name of President or other authorized officer l ES17 24144 Detroit Road °" Address of Corporation l Westlake, OH 44145 Sc crct ry Susan Durante City/State/Zip 440-892-1895 Business Phone Number STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of Vphysical presence Copan ucante, or ❑ online notarization, this 1/9/23 (date) by Pmre dent _ (name of officer or agent, title of nt officer or agent), of Tech oeogy,Inc. (name of�Orporalion ac nou)ledgi g), an Ohio (state or place of incorporation) corporation, on behalf of the corporation. 0/she is ally lc��ow�rtt toy'. or who has produced . ..-.(type of identification) as identification. " My commission expires: Flt"hMb OusnY Notoy PWw 'Suvto of Oh .... NOTARY PUBLIC ' ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 1 =643 DRUG-FREE WORKPLACE STATEMENT UNDER SECTION 287.087 FLORIDA STATUES TO BE RETURNED WITH FIRM Preference must be given to FIRMS submitting certification with their bid or proposal,certifying they have a drug- free workplace in accordance with the Florida Statutes,Section 287.087.This requirement affects all public entities of the State and became effective January 1, 1991. Preference shall be given to businesses with drug-free workplace programs.Whenever two or more bids,proposals, or replies that are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid, proposal, or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing the bids will be followed if none of the tied vendors have a drug- free workplace program. In order to have a drug-free workplace program,a business shall: l Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1), notify the employees that as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any convictions of,or plea of guilty or nolo contendere to, any violations of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace,no later than five(5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available in the employee's community,by an employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of the above measures. As tit } 'so���tl rar" 9 to sign this statem '„I certify that this company complies with the above requirements. Colin Durante, President Signature Printed Name Pavement Technology, Inc. 1/9/2023 Firm Name Date ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 139 644 PUBLIC RECORDS r�`ll in COMPLIANCE UNDER SECTION_119.0701, FLORIDA STATUTES TO BE RETURNED WITH BID The CONTRACTOR hereby certifies that it shall comply with public records laws,specifically to: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the public agency. (d) Upon completion of the contract,transfer,at no cost,to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency,upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 954-797-2237, ssiatteakplantation.or , 400 NW 73rd Avenue Plantation, FL 33317 As the person authorized to sign this statement, I certify that this FIRM agrees to comply with the above requirements. CC1 `I1AC" 'verent Technol y, Inc. " mmam By (sign): °µ Colin Durante, President 1/9/23 ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 645 PUBLIC RECORDS .. Print Name:.�.... � ......... ....... NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑ online notarization, this (date) by (name of personal acknowledging), who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF Ohio ----------------------------------------------------------------------------- COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of Wphysical presence 1/9/23 Galin Durante, or ❑ online notarization, this (date) by President (name of officer or agent, title of Pavement officer or agent), of _Technology.Inc (name of corporation acknowledging), an Ohio (state or place of incorporation) corporation, on behalf of the corporation. /she i ersonlly known t 6n� or who has produced (type of identification) as identificaiion. - My commission expires: Eftebeth M NOTARY PUBLIC NWq w State of Otio ° .Nxmy 27, ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract 646 Page � � SCRUTINIZED COMPANY CERTIFICATION —.........w, --- ---------------- � ........ TO BE RETURNED WITH BID CONTRACTOR Name: Pavement Technology, Inc. CONTRACTOR FEIN:34-1108308 CONTRACTOR Authorized Representative Name and Title: Colin Durante, President Address:24144 Detroit Road City:Westlake State: OH Zip;44145 Phone Number:440-892-1895 Email Address:dcancelliere@pavetechinc.com Section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of any amount that are on the Scrutinized Companies that Boycott Israel List or that are participating in a boycott of Israel; or One million dollars or more if, at the time of bidding, FIRM is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has business operations in Cuba or Syria. The boycott Israel list is created pursuant to 215.4725 and the Sudan and Iran lists are created pursuant to section 215.473, Florida Statutes. As the person authorized to sign on behalf of CONTRACTOR, I hereby certify that the undersigned company is not participating in a boycott of Israel,on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Cuba or Syria. I understand and agree that pursuant to section 287.135, Florida Statutes, the submission of a false certification; or being placed on the Scrutinized Companies that Boycott Israel List, or engaging in a boycott of Israel; or being placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or engaging in business operations in Cuba or Syria will be cause for the CITY to terminate this Agreement at the option of the CITY. In addition, FIRM may be subject to civil penalties, attorney's fees, and/or costs. The scrutinized company list is maintained by the State Board of Administration and available at htt :/�/www.sbafla.com/. _F Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature Print Name and Title: Colin Durante President Date: January 9 2023 *This form is being provided to comply with Florida Statute 287.135. ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 647 E-VERIFY FORM bill in Fin CITY OF PLANTATION E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES TO BE RETURNED WITH BID Projej Asphalt Rejuvenation Project ct Name: .............. __.......................... _. Project No.: ITB No. 072-22 _..... 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of- a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Plantation. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract 648 Page � � _ _"" N E-VERIFY FORMI Security's E-Verify System during the term of the contract is a condition.of the contract — with the City of Plantation; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095,Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract 649 Page 4. ' 7�� E-VERIFY FORM Lilt xn t 01,19 711 ���` CONTRACTOI Paveme t Te hnologInc, sin � B .a� Y ( g )• � Print Name: Colin Durante, Presmidewntwwwwwwwwwwwwwww NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑ online notarization, this (date) by ....._W (name of personal acknowledging), who is personally known to me or who has produced �. (type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of N(physical presence Colior ❑ online notarization, this 1/9/23 date b r.esri e.ntDur '_ro, n(date) yrfw�fi _ ( ame of officer or agent, title of officer or agent), of y e t name o corporation acknoUshe gin an Ohio (,state or .ff ►n gi g_ ( f P g , place of incorporation) corporation, on behalf of the corporation. ��µoY4 t�1 ,t� for who has produced _w (type of identification) as identification. My commission expires: EIQ,becn Merry NOTARY PUBLIC otaq PUA, tOO Of,OW 7,2 ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 650 OFFICE OF INSPECTOR GENERAL Fill in Form �� COOPERATION WITH THE BROWARD COUNTY OFFICE OF INSPECTOR GENERAL TO BE RETURNED WITH BID The Broward County Office of Inspector General ("OIG") has the authority to review and investigate how governmental contracts are performed and how BIDDERS and vendors (herein, "BIDDERS") are paid. To this end, BIDDER agrees to cooperate with the OIG in the event the BIDDER is contacted by the OIG. Such cooperation shall include, answering any questions that may be posed by the OIG, and allowing the OIG to review and copy any of BIDDER's written material, contract documentation, and financial records that may relate to the formulation, execution, and performance of this Contract. The BIDDER acknowledges and agrees that whatever work or effort is expended by BIDDER in interfacing with the OIG is part of the administrative or overhead or base costs of the services provided by the BIDDER to the CITY, and shall never be a basis for claiming extra or additional compensation under this Contract, or for requesting a change order. The BIDDER's failure to cooperate fully with the OIG as required by the preceding clause shall be a basis for the City claiming the BIDDER is in default, and may, if not timely cured, allow the City to terminate this Contract for cause. Unless the BIDDER is instructed otherwise in a specific written and notarized Order signed by the Broward County Inspector General,BIDDER shall advise CITY, in writing and in the same manner as BIDDER gives the City formal notice under this Contract, each instance, if ever, that the BIDDER is contacted by the OIG, and shall supply the City with information necessary to allow the City to ensure that the BIDDER is fully p " tang the requirements of this Paragraph. IrTN II�,S�� �S. BIDDER: . ..... �.a _. NAME: Susa Durante NAME: Colin Durante TITLE: President NAME: Debbie Cancelliere ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page f 651 � OFFICE OF INSPECTOR GENERAL ta`it ' `'1 ' " w ,� ��........�... w.. ,, ,,,,,,,,,,,,,,,,,,rv� �,.,,..—, ",...... .......... NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of❑ physical presence or ❑ online notarization, this (date) by„w (name of personal acknowledging), who is personally known to me or who has produced _..— (type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of physical presence Colin Durante, or ❑ online notarization, this 1i9/23 (date) by t.resdent (name of officer or agent, title of officer or agent), of Pavement logy,9nc, f oration name o corporation acknowledging), ( p g g), an onto ITITm___(state or place of incorporation) corporation, on behalf of the corporation. /sly t e' ot �li kt KN ar who has produced (type of identification) as identification. My commission expires: � � Ek"h NOTARY PUBLIC Mir ,eEVOw ftoAq,27,202, S ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 1 -`652 Bid Checklist and Summary Form To comply with the City of Plantation's solicitation guidelines,this Bid Checklist Summary Form is required for all solicitations exceeding$25,000.00 or more. This form must be signed and included with the bid submittal in addition to the required bid documents of this solicitation. Failure to do so may result in your bid submittal being considered non-responsive. Bidder's Name: Pavement Technology, Inc. Date: 1/9/23 Base Bid A - $744,150.00 Base Bid Total: Base Bid B - $1,531,350.00 Plantation Local Business pursuant to Section 2-227 of City's Code: Yes❑ or NoV Disadvantaged Business Enterprise: Yes❑ or No LvJ Submitted Forms: ,�/ Non-Collusion Certification Form I/ References General Terms and Conditions Form ❑ Federal Funding Requirements - N/A Insurance Requirements Drug Free Workplace V Bid Form Addendums When bidding on an Alternative Product"or equal,"bids must be accompanied with all descriptive information necessary for an evaluation of the proposed material or equipment such as the detailed drawings and specifications, certified operation and test data,and experience records. Failure of any bidder to furnish the data necessary to determine whether the product is equivalent, may be cause for rejection of the specific items(s)to which it pertains. Are you submitting an equivalent product: Yes V or No❑ If Yes,please list the equivalent product(s)below: A.R.A.-1 Ti@ Pollution-Remediating Maltene Asphalt Rejuvenator ............. ..................... Signature: � � Printed Name: Colin Durante, President ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page I <653 Reclalm�,Ite ! Porduct S ub m ittals m 76UWONS Licensed Manufacturer Tricor Refining, LLC Producers of Golden Bear®Preservation Products CERTIFICATE OF COMPLIANCE TO WHOM IT MAY CONCERN PRODUCT: RECLAMITEO IT IS HEREBY CERTIFIED THAT THE ABOVE PRODUCT DESIGN ATED HEREON CONFORMS TO THE APPLICABLE SPECIFICATIONS FOR THE PRODUCT SO INDICATED, AND THAT PAVEMENT TECHNOLOGY, INCORPORATED HAS BEEN AN AUTHORIZED APPLICATOR FOR D & D EMULSIONS, INC., AN AUTHORIZED LICENSED MANUFACTURER FOR TRICOR REFINING, LLC. Date: March 28, 2022 Approved by- Ti . President 655 fill P`WdUMM Off REFINING, LLC CWWEN OSEAR PlIESERMATfi N PRODUCTS i M Manor St.-OWO,CA GUM I P.O.SOX Id.CA 9=88 Ptwm .71'10-- i 1 'l' RECLAMITEO TOES ts ASM AAqff" tests on E" , SFS D-244 T-59 40 D-244(mo* T 59(mod) 60 Y Testa► D-244(=kD T S9(mod) No C' Sig"TM %way D-244 0&0 T-S9(Mcw* 0.1 Test 13-244 T 59 PoZNve T � GB CiB — 30 D-244 2.0 teqt on Reddie ftvM lm Flash Paim COC.eC D 92 T48 196 r.. Viscosity® 606c,cSt D445 100 200 Asphaltaw. w D-2006-70 0.75 Makme Distdbdon Ratio D-2006-70 0.3 0.6 S+ PQS RadoM 70 -- OS Saturate 11sm D-2006 70 — 22 28 tAMW D-?A4 6vWQr&doa Twt Corpencent of Is made 6y b=ft 30 8Mn sample to 149'C(,300'!)wadi h=qg a +®d caLcofaas Mulmthen cool as l - Sl9 d4a M NMW C 1utdoa be used In " rrdtdt i- 60 tb8t dIs 4e oved Is ptoxv ad laselm �� s Iry'ASS 1�- q�t '"IdI PC F01W Compounds, Al w.Flat AOWWMm Azw.Second AckhMas. S a Saturated boas. Nato: Forgalltott converv[oa one 242 p L t m No&-- Dam gmeawd ne typkaL suot va bdon Dray occur doom fot ra tat 656 a Evaluation w • -0 443e4V JKUJn1waY l6mm34 L. a es • Azores F* 161 as • a by J. E. "= U.S. Arrny . t station P-0.IWX 631 Vkbbum. i 1983 If 944404M* 'ice 657 '" r (jeateCtUM Uboratory� formed 10-15 ch. ot U.S- r=Rhftfrom Projedu in 1979 aAd 19M vq ft"kawt used to ft'Mt"We,Parking Woos and taxlwp Mom. J ' I es E' n t ►+ and 3- 7U JO, runway was divided 1 who Mwas Ind i v • E 8 M ry n 132 r 658 done to the runwoy cowd rcuwn am to slanfles were P by=wWS 34 ot =PWt Wu V&acted in. tj u W * ." P � 2' oftefd3c o'er loadft and InthehbomtwYmosm lawWIN I m, CL A A i q4 a � � • r w yw e ro f Md f e 659 T.ble t • ry • 8.l 110 �SSW •- - • a= • 1 .• 2+43,43j f W� 11.00 XOG 2 23+53. 1 .9 ft W 11.00 �� 401,351 • 3 34+34. 5.1 ft E ILO sw '62.OdI 4 - _ 52+07. 319 lk W 31.00 293 32. S 64+36. 32.4 ft E 9.00 27.00 1,132,,362 6 . 4.00 17.00 2. 774.367 . 43.4971 80+67. t4.6 fc 9.00 177.941 7 86+86. 121A ft E 3.971 a 99+17. 17 ft E 6.00 00 1.263.180 Chaw A .00 1.3I8.617 1lt+l 23.!!2 .444 (qb) Peaet ioo 25-39 1. 145.806 63 viam ity • such t .` � ' . ll . : t0aft OMM 'cq at " of Emit qW • • Yc ' . a .by die rho"r S00-fit-Wide e Mother 4"43 0.033 ltq yd onv � �a a 0.061 S#j1tq rd . E . f i From 09MOr A& Wkh „E 1.7 All other area rvaw�y out SQ ft O.OS.S$Avsq yd the . 10. ttl,fa Y'd at �f�31te in a two t� P III "�� . t td 1. • one WOM The 6 dt FrOM CeWdr fte runway out SO ft 0.0"8 8Wrsq yd All other 0.074 /#yd onto the bkuuWOUS . t by a 1140 gal 0fp a10- " pa l ; 660 Construction seal, Care 40 48 Y7 top '"• _ smog. 30 raoe. 25 _ 1 w 04pth 2 mop. Is MCHL 38 m or. 82 10 I Tap •• 23 18 _.._._ w ern�h dark 5 661 lile'octs 15-1229 daaMlai'y S,2016 Tl`c ,iac-- C t*.JONSithlegel 11 '1 PAlWift A A. ,UndI gy a . St W C' y Y wruoow Ot " am"war dMftn sot vwwwW, 4 vkamkr sz ecreas fQJ eta _7 ecreas �i"d9rr 7 l 4"wrr tlm 4 6XS VOP 7 l ¢ Ycf yae t9nlct as Charleston County,South Carolina Charleston County,South Carolina Reclamlte Application 2015 lleclamlte Application 2015 Change in Viscosity Results Viscosity Test Results Control vs.Treated loop A tiaaw . s " ,. - 662 Sample Identification Viscosity 60*C, Poises Original 3 Year 5 Year South Anderson Avenue Untreated 86177 109950 118490 Treated 38220 66424 90198 Percentage Decrease 56% 40% 24% Original 2 Year 4 Year Smith Road Untreated 64993 120' 81289. 072 Treated 32426 50643 53746 Percentage Decrease 50% 53% 34%' Original 2 Year 4 Year 8atta[ion Drive Untreated 94533 128750 136340 Treated 33743 69437 98896 Percentage Decrease 64% 46% 28% Charleston County,SC Charleston County,SC t Viscosity Test Results Control Vs.Treated Decrease In Viscosity(by Percentage) 3 year Comparison wirh Projections S Year Comparisons with Projections 160000 _.. „. 70% 140000 64% 60% 56% 120000 . ,.a,� z. , r 50 53% SOYo 100000 46% f 40% 110000 'r 400/. ' 34% 60000 30% 2BYe 24°/a 40000 20000 0 'Odc A ]Year Mer 10figinal 2yeer 4Yeer Odgio■l 2Ymr 4Yaar Soolh Anderson Ave Smith Road BeNaHoaDdre i 0% 4 OrtgW 3 Year 5 Year Original 2 year 4 Year Original 2 Year 4 Year ■un<rontnd larroaed SonthAndersonAve Sm1lhRoad Battalion Drive 663 Reclamite ° Safety Data Sheets SAFETY DATA SHEET Ift\\ TRICOR 1. Identification Product identifier RECLAMITEO EMULSION Other means of identification None. Recommended use Asphalt Rejuvenator Recommended restrictions Must be diluted with water following manufacturer's recommendations. Manufacturer/Importer/Supplier/Distributor information Manufacturer: Tricor Refining, LLC. Address: P.O. Box 5877 Bakersfield, CA 93388 24-hour Telephone (661) 393-7110 Number: CHEMTREC: 1-800-424-9300(North America) 1-703-527-3887 (International) 2. Hazard(s) identification Physical hazards Not classified. Health hazards Not classified. Environmental hazards Not classified. OSHA defined hazards Not classified. Label elements Hazard symbol None. Signal word None. Hazard statement Not available. Precautionary statement Prevention Not available. Response Not available. Storage Not available. Disposal Not available. Hazard(s) not otherwise None known. classified(HNOC) Supplemental information Not applicable. 3. Composition/information on ingredients Mixtures Chemical name Common name ands non fms CAS number % DISTILLATES(PETROLEUM), 64742-52-5 <=40 HYDROTREATED HEAVY NAPHTHENIC Extracts(petroleum), Heavy 64742-11-6 <=40 Na hthenic Distillate Solvent WATER 7732-18-5 <=40 PROPRIETARY INGREDIENTS N/A < 5 4. First-aid measures Inhalation Move to fresh air. Call a physician if symptoms develop or persist. Skin contact Wash off with soap and water. Get medical attention if irritation develops and persists. Eye contact Rinse with water. Get medical attention if irritation develops and persists. Material name: RECLAMITE®EMULSION sas Us 5586 Version#: 02 Revision date: 10-27-2021 Issue date:08-19-2021 1/ 7 665 Ingestion Rinse mouth. Do not induce vomiting without advice from poison control center. If vomiting occurs, keep head low so that stomach content doesn't get into the lungs. Most important Direct contact with eyes may cause temporary irritation. symptoms/effects,acute and delayed Indication of immediate Treat symptomatically. medical attention and special treatment needed General information Ensure that medical personnel are aware of the material(s) involved, and take precautions to protect themselves. S. Fire-fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder. Dry chemicals. Carbon dioxide (CO2). Unsuitable extinguishing Do not use water jet as an extinguisher, as this will spread the fire. media Specific hazards arising from During fire, gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire. and precautions for firefighters Fire fighting Cool containers exposed to heat with water spray and remove container, if no risk is involved. Move equipment/instructions containers from fire area if you can do so without risk. Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. 6. Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Keep upwind. protective equipment and Keep out of low areas. Do not touch damaged containers or spilled material unless wearing emergency procedures appropriate protective clothing. For personal protection, see section 8 of the SDS. Methods and materials for Extinguish all flames in the vicinity. containment and cleaning up Large Spills: Stop the flow of material, if this is without risk. Dike the spilled material, where this is possible. Cover with plastic sheet to prevent spreading. Use a non-combustible material like vermiculite, sand or earth to soak up the product and place into a container for later disposal. Absorb in vermiculite,dry sand or earth and place into containers. Prevent entry into waterways, sewer, basements or confined areas. Following product recovery, flush area with water. Small Spills: Wipe up with absorbent material (e.g. cloth,fleece). Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re-use. Environmental precautions Contact local authorities in case of spillage to drain/aquatic environment. Prevent further leakage or spillage if safe to do so. Do not contaminate water.Avoid discharge into drains, water courses or onto the ground. 7. Handling and storage Precautions for safe handling Avoid prolonged or repeated contact with skin. Avoid prolonged exposure. Use only in well-ventilated areas. Conditions for safe storage, Keep away from heat and sources of ignition. Store in original tightly closed container, including any incompatibilities 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Form DISTILLATES PEL 5 mg/m3 Mist. (PETROLEUM), HYDROTREATED HEAVY NAPHTHENIC(CAS 64742-52-5) Material name: RECLAMTTE®EMULSION sos Us 5586 Version#: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 2/ 7 666 US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Form Extracts(petroleum), Heavy PEL 5 mg/m3 Mist. Naphthenic Distillate Solvent (CAS 64742-11-6) US.ACGIH Threshold Limit Values Components Type Value Form DISTILLATES TWA 5 mg/m3 Inhalable fraction.. (PETROLEUM), HYDROTREATED HEAVY NAPHTHENIC(CAS 64742-52-5) US. NIOSH: Pocket Guide to Chemical Hazards Components Type Value Form DISTILLATES Ceiling 1800 mg/m3 (PETROLEUM), HYDROTREATED HEAVY NAPHTHENIC(CAS 64742-52-5) STEL 10 mg/m3 Mist. TWA 350 mg/m3 Extracts(petroleum), Heavy STEL 10 mg/m3 Mist. Naphthenic Distillate Solvent (CAS 64742-11-6) TWA 5 mg/m3 Mist. Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering Provide adequate ventilation, including appropriate local extraction,to ensure that the defined controls occupational exposure limit is not exceeded. Individual protection measures,such as personal protective equipment Eye/face protection Wear safety glasses with side shields (or goggles). Skin protection Hand protection Chemical resistant gloves are recommended. If contact with forearms is likely wear gauntlet style gloves. Other Wear appropriate chemical resistant clothing. Respiratory protection When workers are facing concentrations above the exposure limit they must use appropriate certified respirators. Thermal hazards Wear appropriate thermal protective clothing, when necessary. General hygiene Keep away from food and drink. Always observe good personal hygiene measures, such as washing considerations after handling the material and before eating,drinking,and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Physical state Liquid. Form Liquid. Color Not available. Odor Not available. Odor threshold Not available. pH Not available. Melting point/freezing point Not available. Initial boiling point and > 212 OF(> 100 °C)IBP boiling range Material name: RECLAMITE®EMULSION sos Us 5586 Version#: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 3/ 7 667 Flash point > 413.6 OF(> 212.0 °C) Evaporation rate Not available. Flammability(solid,gas) Not available. Upper/lower flammability or explosive limits Flammability limit- lower Not available. (%) Flammability limit- Not available. upper(%) Explosive limit- lower Not available. (%) Explosive limit- upper Not available. (%) Vapor pressure Not available. Vapor density Not available. Relative density Not available. Solubility(ies) Solubility(water) Readily Dispersible Partition coefficient Not available. (n-octanol/water) Auto-ignition temperature 500 OF(260 °C) Decomposition temperature Not available. Viscosity Not available. Other information Specific gravity 0.92- 1.04 10. Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use, storage and transport Chemical stability Material is stable under normal conditions. Possibility of hazardous No dangerous reaction known under conditions of normal use. reactions Conditions to avoid Avoid temperatures exceeding the flash point. Contact with incompatible materials. Incompatible materials Strong oxidizing agents. Hazardous decomposition No hazardous decomposition products are known. products 11. Toxicological information Information on likely routes of exposure Inhalation Prolonged inhalation may be harmful. Skin contact Frequent or prolonged contact may defat and dry the skin, leading to discomfort and dermatitis Eye contact Direct contact with eyes may cause temporary irritation. Ingestion Expected to be a low ingestion hazard. Symptoms related to the Not available. physical,chemical and toxicological characteristics Information on toxicological effects Acute toxicity Not classified. Skin corrosion/irritation Prolonged skin contact may cause temporary irritation. Serious eye damage/eye Not classified. irritation Respiratory or skin sensitization Respiratory sensitization Not classified. Skin sensitization Not classified. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1%are mutagenic or genotoxic. Material name: RECLAMITE®EMULSION SDs us 5586 Version#: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 4/7 668 Carcinogenicity IARC Monographs.Overall Evaluation of Carcinogenicity DISTILLATES (PETROLEUM), HYDROTREATED HEAVY 3 Not classifiable as to carcinogenicity to humans. NAPHTHENIC(CAS 64742-52-5) OSHA Specifically Regulated Substances(29 CFR 1910.1001-1052) Not regulated. US. National Toxicology Program (NTP) Report on Carcinogens Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects Specific target organ toxicity Not classified. -single exposure Specific target organ toxicity Not classified. - repeated exposure Aspiration hazard Not classified. Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous. However,this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. Other adverse effects No other adverse environmental effects(e.g. ozone depletion, photochemical ozone creation potential, endocrine disruption,global warming potential)are expected from this component. 13. Disposal considerations Disposal instructions Contract with a disposal operator licensed by the Law on Disposal and Cleaning. Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Do not discharge into drains, water courses or onto the ground. Dispose in accordance with all applicable regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user,the producer and the wast( disposal company. Waste from residues/ Dispose of in accordance with local regulations. Empty containers or liners may retain some product unused products residues.This material and its container must be disposed of in a safe manner(see: Disposal instructions). Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal. Since emptied containers may retain product residue, follow label warnings even after container is emptied. 14. Transport information DOT Not regulated as dangerous goods. IATA Not regulated as dangerous goods. IMDG Not regulated as dangerous goods. Transport in bulk according to Not available. Annex II of MARPOL 73/78 and the IBC Code 15. Regulatory information US federal regulations All components are on the U.S. EPA TSCA Inventory List. TSCA Section 12(b) Export Notification (40 CFR 707, Subpt. D) Not regulated. CERCLA Hazardous Substance List(40 CFR 302.4) Not listed. Material name: RECLAMITE®EMULSION sos Us 5586 Version#: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 5/ 7 669 SARA 304 Emergency release notification Not regulated. OSHA Specifically Regulated Substances(29 CFR 1910.1001-1052) Not regulated. Superfund Amendments and Reauthorization Act of 1986(SARA) SARA 302 Extremely hazardous substance Not listed. SARA 311/312 No Hazardous chemical SARA 313(TRI reporting) Not regulated. Other federal regulations Clean Air Act(CAA) Section 112 Hazardous Air Pollutants(HAPs)List Not regulated. Clean Air Act(CAA)Section 112(r)Accidental Release Prevention(40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations WARNING: This product contains a chemical known to the State of California to cause cancer. International Inventories Country(s)or region Inventory name On inventory(yes/no)* Australia Australian Inventory of Chemical Substances(AICS) Yes Canada Domestic Substances List(DSL) Yes Canada Non-Domestic Substances List(NDSL) No China Inventory of Existing Chemical Substances in China (IECSC) Yes Europe European Inventory of Existing Commercial Chemical Substances Yes (EINECS) Europe European List of Notified Chemical Substances(ELINCS) No Japan Inventory of Existing and New Chemical Substances(ENCS) No Korea Existing Chemicals List(ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) Taiwan Taiwan Chemical Substance Inventory(TCSI) Yes United States&Puerto Rico Toxic Substances Control Act(TSCA) Inventory Yes *A"Yes"indicates that all components of this product comply with the inventory requirements administered by the governing country(s) A"No"indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 08-19-2021 Revision date 10-27-2021 Version# 02 NFPA ratings Health: 2 Flammability: 1 Instability: 0 Disclaimer The information provided in this Safety Data Sheet is correct to the best of our knowledge information and belief at the date of its publication.The information given is designed only as a guidance for safe handling, use, processing, storage,transportation, disposal and release and is not to be considered a warranty or quality specification.The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process, unless specified in the text. Material name: RECLAMITE®EMULSION SDS Us 5586 Version#: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 6/7 670 Revision information Hazard(s)identification: Response Hazard(s) identification: Prevention Hazard(s) identification: Disposal Hazard(s) identification: Storage Hazard(s)identification: Hazard statement Hazard(s)identification: GHS Symbols Hazard(s) identification: GHS Signal Words Composition/information on ingredients: Composition comments Composition/information on ingredients: Component information Physical&Chemical Properties: Multiple Properties Toxicological information: Carcinogenicity HazReg Data: North America GHS: Classification Material name:RECLAMITE®EMULSION s®s us 5586 Version#: 02 Revision date: 10-27-2021 Issue date: 08-19-2021 7/7 671 it � Srr. ro ��v � �r IY s i � s- �^/ r:�` ` r y vn ,s ^'�."' .ram �" .✓ xs{ � � � � ��'' r / � i »' x �� � ,s i mzs �( y�'� � „� ^i'a ,lye � � f�/" fir' �,.�r#' ..� ,�F". 'R r f� �„1 sa ay � � s �� �t�� . �d� ,z � srT r� " r�r � t6 ,, 1 err s ,a, rra� -'^` 'i ;,.t i � ? '/' ��/ /,rrr�,,/ ,/ G /r')ur,"),,/ri>7 frG""" l�, JI uin�,� %r� taiY 'mu�ii u� J ����/ i Isla//1/i t r % � ./ J �l r7 i,r r"� � � � �� F u���n,,r I � l r% f� r l (� "i 1 J- �rrrnrrlllk'l' /���n?i�l�s, 1 eriill//i �r r„ i ,r/,rain✓lei, i � IJ I � ,,,, rI� �� ,J,/,/f ��;! �, �J � r/�/� /�/ir ��� ,,V �f�� � ��� t�i� � ����,.����ov/ � 11F1u� % � �%rrr�r�� r,/r�.�u ,Ilrrrrin�G% / � ��%, re�irrr-�pY� �,. �rmPrr �fii��� 'pin rWf fu M' f lJ. `�%%l Asphalt sphalt R e r a e n a t ' I Mani 1 I IS (" 1 I,is P fll I' I= =1t � 1 f f 1 J111////�//%///�%J r���1lrrrr � f rrrrr�rrrr! r f; j fin" 1 1//lii/a✓i�io r�i/�.�ii�� r �i, i i ,�giro 1 i i-,ii//� , tiN� mom,. EN,ol i Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 A.R.A.-1 Ti® Pollution-Remediating Maltene Asphalt Rejuvenator Following five years of successful laboratory and field testing,Pavement Technology,Inc.(PTI)is delighted to announce the commercialization of our suite of state-of-the-art pollution-reducing, super-hydrophilic, and UV protective photocatalytic pavement solutions. The product stock represents PTI's next evolution of premium pavement preservation materials enhanced with photo-reactive titanium dioxide (Ti02). t ..RmA...I 'IT"' is our celebrated maltene asphalt rejuvenator, with five decades of proven pavement preservation accomplishment, strengthened with the environmental and ecological properties of Ti02. As a natural decomposition accelerant, Ti02 is a multifaceted photo-responsive material 2 rapidly gaining increased scientific and commercial interest for near-roadway microenvironments (MEs) as it advances a host of positive environmental benefits, including: • Depolluting near-pavement air (or water) cleaning applications, where Ti02 reacted surfaces oxidize a variety of pollutants and contaminants such as those emitted by vehicles, especially NOx and VOCs, p°e(fiicinp.;p,o. onc p olkauapon and initigating acid rain formation • "Cool Pavements" where Ti02 treated surfaces provide a solar-reflective top boundary, which lessens pavement heat absorption and related radiative forcing (RF) by urvnate6all t red i ins': the convective re-release of UV radiation that leads to the tinda spm;ed lieat p "pair d effects in our ci ties while extending the life-cycle assessment of pavements by slowing do)8n pavement oxidation' • Super-Hydrophilic surfaces, which provide a rapid water-desorbing pavement to reduce saturation and prevent water intrusion damage. Super-hydrophilic pavements are also self-cleaning to remove 1 See Maltene Replacement Technology(MRT)discussion Section 3.7, Page 32. z Polymers, Light and the Science of Ti02, DuPontTm Ti-Pure Titanium Dioxide, DowDuPont, w opw dupont cram 3 Gopalakrishnan K, et al. 674 contaminants (e.g., mold) and staining and are indicated for inclement weather relate sal°ety (rain displacing; ice inhibiting) improvements for roads Lead by ®- i°, our suite of pollution-remediating solutions creates a perpetual air-purifying roadway microenvironment (ME) that can mitigate the effects of Urban Heat islands and contribute to an agency's compliance with the Clean Air Act (CAA) and the U.S. EPA's stringent National Ambient Air Quality Standard (NAAQS). The Texas A M Transportation Institute (TTI) is PTI's research partner for our Ti02 enhanced products and all applications include standard verification testing perfected by TTI for pollution-reduction efficiency, Urban Heat Island (UHI) mitigation and water displacement effectiveness. TTI standard photocatalytic property testing includes: • Titanium Dioxide Penetration and Load: XRF (fluorescent X-ray) analysis • Nitrogen Oxide Removal: Japanese Industrial Standard (JIS) TR Z 0018 Photocatalytic Materials —Air Purification Test Procedure (as adapted to ASTM) • UHI Mitigation: U.S. Green Building Council USGBC), LEED V4 Heat Island Reduction (HIR) via Solar Reflectance Index (SRI) - ASTM E1980 - 11 Standard Practice for Calculating Solar Reflectance Index of Horizontal and Low-Sloped Opaque Surfaces • Hydrophilic Properties: ASTM D7334 - 08(2013) Standard Practice for Surface Wettability of Coatings, Substrates and Pigments by Advancing Contact Angle Measurement The verification testing results can be used for preparation for environmental grants and programs,including the Federal Highway Administration's Congestion Mitigation and Air Quality Improvement Program (CMAQ) as provided under the CAA and administered by the Federal Highway Administration (FHWA) with matching funds of 80% to 100%; 5 and the Federal Transit Administration's Urbanized Area Formula Program Grants (UAFPG), which match fund up to 80% for "technical transportation-related studies" and up to 90% for capital investment in "associated transit improvements" attributable to compliance with the CAA.6 Other eligible sources include the Voluntary Airport Low Emissions Program (VALE) through the Federal Aviation Administration(FAA) and the FAA's Aviation Research Grants Program(FAA-12-01). Contact: Michael Durante Vice President ind urantam �7MLe echiric,coi i (972) 974-6037 4 Arainpour F and Farzaneh M, On Hydrophobic and Icephobic Properties of Ti02-Doped Silicon Rubber Coatings, Department of Applied Sciences, Universite du Quebec, International Journal of Theoretical and Applied Nanotechnology, 2012. s U.S. Department of Transportation, Federal Highway Administration: Congestion Mitigation and Air Quality Improvement Program (CMAQ) (U.S.C. 149/FAST Act Section 1114),www�.fhwa_d, t gpv 6 U.S. Department of Transportation, Federal Transit Administration: Urbanized Area Formula Program Grants (49 U.S.C. Chapter 53,Sections 5307 and 5340/FAST Act Sections 3004, 3016), www.trar,isit.dot.gov. 675 A.R.A.-1 Ti° Poll ution-Remediating Illaltene Asphalt Rejuvenator • Maltene Asphalt Rejuvenating Agent • Enhanced with Photocatalytic Grade Titanium Dioxide (TiO2) • Captures and Removes up to 60% of Toxic Airborne Vehicular Emissions • Replenishes Exact Molecular Components Lost to Manufacturing and In- Service Oxidation • Restores and Improves Pavement Density and Durability • Creates a UV Protected Pavement that meets USGBC LEED for Urban Heat Island Mitigation • Presents a `Quick Drying' Super-Hydrophilic Surface • Reduces Water Intrusion Damage • Extends Pavement Life Cycle by as much as Twofold • Self-Cleaning; Anti Mold; and Anti-Microbial • Promotes Safer Inclement Weather Pavements 676 s 1r, I! i • • • AA 1 u � r r 1 r T r • ' H I r, rioarrir/ ii rr ri � it 1 UntreatedPav - • 1 I e at Island Reductionand Pa rn ° hint 1)resorvatiolrli with DuralIbl 1)1u)tocatalytic Pavernents 677 Research Support Dr. Dan Zollinger, Ph.D., P.E. . w Texas Dr. Dallas Little, Ph.D., P.E. Traqsportation' Texas A&M Transportation Institute Institifte Texas A&M University System 400 Harvey Mitchell Parkway South, Suite 300 College Station, Texas 77845-4375 (979) 862-6777 awards@tainti.edu 678 Table of Contents 1 SUMMARY AND TESTING...................................................................................................................1 1.2 Field Testing—Vehicular Pollution Removal................... ......„. ...... ,,,,, ,........ ..................,,,„2 1.3 Acid Rain Mitigation with Ti02 Treated Roads........................ .„„„„,, ,,,,,,,, , ,,,„....,. ..... .....,,,__5 1.4 Field Testing—Cool Pavements with Ti02............. .....„.,, ,. ,..,..,, ....,.,.....,,,,.. ......... .....,,„.,„6 1.5 Field Testing— Super-Hydrophilic Pavements....... .......„ ...., ...,,.... .......,. .,.,,,,,, .......__...,6 CC —Pollution-Remediating Polymerizedltee Asphalt Rejuvenator ............ 11 2.1 Description: Ti02 Enhanced Asphalt Rejuvenating Agent ..............................................................11 2.2 Materials and Performance: Ti02 Enhanced Asphalt Rejuvenating Agent ......................................12 2.3 Maltene Replacement ("Rejuvenation") Test.. ____.....................,...„.........„„.., „,..,, ,,.,. ...,,...13 2.4 Photocatalytic Properties Testing ................... ......... ......... ,, ,,,.,,., ...,....................,.......,„..,.,.14 2.4.1 Ti02 Penetration Test:................... ......... ....,.,.. ,..,..,,. ......... .,,...,,.14 2.4.2 NO2 Reduction Effectiveness: ............................. ........... .......-. ,...,.... .,....... ......... ........,14 2.4.3 NO2 Reduction Test:.................................. ...... ......... .......... ..,„.,,,, ,,.,..,., ,........14 2.4.4 Solar Reflectance Effectiveness: .................. .... ......... ........ ......... ......... ......... ...................15 2.4.5 Solar Reflectance Test(s):.....................„.....,„.,.,,. ,,,.,.... ........, .....,,., ........„ .,.,..... .,..,,. . ,.,,,,,.,15 2.4.6 Hydrophilic Improvement: . ....... ......... ......... .........., ........ .,,,,,,,. ...,,........................ ,....,..„16 2.4.7 Wettability Test:......................... ................. .... .... .......... .,..,...........................,......16 2.5 Equipment................ ......... ......... ......... .. ._.. .,..,,.., ,......... .,.............n„, ,,,,,.,,, ....,..., ......,.. .,........16 2.5.1 Distributor:......_.......................,.........,..,„,. ..,.,,., ,,.,,.,,. ,........ ,..,..... ......... ......... „..,,.,,, .,.,..-16 2.5.2 Aggregate Cover Truck: ........ ... ................... .........................,.,., ..,,.,,,. ,..,...., ......... .........17 2.5.3 Calibration: ............................... .... .................... .,..... ,.,.........................,........... ..,...... ,..,,,,.,17 2.6 Construction ............ .......... ._.... .,.,...., ,,,,..... .................., ..,..........„.,..,, ..,.,,.,, ,,...,,.. ......... .........17 2.6.1 Layout:........ ....._ .,,..,.,....... ..........,...............,......, ,,,, .......,. ........ .........., ..... 17 2.6.2 Weather and Seasonal Limitations:............................ .................,...,....,,17 2.6.3 Preparation of Surface: ............................................................................................,.,,.,,,........,..17 2.6.4 Application of Ti02 Enhanced Asphalt Rejuvenating Agent: ...........____... ................ .........17 2.6.5 Material Placement: Ti02 Enhanced Asphalt Rejuvenating Agent:,,,,,,,,,,,,„.„.,„„,,,,,.,.............-17 2.6.6 Test Strip for Application Rate: ...... ........ ....... ......... ......... .......... .......................„..,........,,-18 2.6.7 Cover Aggregate Application: ........ ......... ......... ..„...... ....,„,.. .....,,,, ,,.....,. .....,... ...................18 2.6.8 Handling of Ti02 Enhanced Asphalt Rejuvenating Agent: ......___....... ............. ....19 2.6.9 Street Sweeping: .......................- ...... -.... ....... ....,..........,... .........,. ..,..,, ,.,,,,,., .....,.,.19 2.6.10 Resident Notification:...... .. ......... ............,,,,,,, ,,..,,,,, .....,... .,.,,.... .........19 679 Table of Contents (continued) 2.2.11 Traffic Control: ......... ......... ......... .......... ........ ......... ......... ......... ........,.. ....... ...,...... ___19 2.2.12 Method of Measurement:......_.................. ...........19 2.2.13 Basis of Payment: ............. ...... ............... .......... ...... . .... .. ......... ......... .........20 ADDENDUM 3 BACKGROUND .....................................................................................................................................22 3.1 Mobile Source Pollution and Tropospheric Ozone.................................................................„,,,...,22 3.2 Air Quality and Resident Health.....................................................................................................23 3.3 On-Road Vehicular Emissions.......................................................................................... .............25 3.4 Surface Chemistries and Catalytic Pollution Removal Systems.....................................................26 3.5 Solar Reflective Properties of TiO2 ................................................................................................27 3.6 Pavement Preservation and GHG Mitigation........................................ ................,........................31 3.7 Deterioration of Asphalt Pavements Due to Manufacturing and Environmental Factors ..............32 3.8 Road-Level Air Quality Reference Testing .. .... ......... ,................... ....... ........34 3.9 The Road of the Future Is Ready.............................. ...........„...... .....,., ,.,...,.. ......... .....,... .........36 680 List of Drawings and Figures Figure 1.1 Ti02 Penetration—Orlando International Airport....................................................,...,....4 Drawing 1.2 Super-Hydrophilic Surfaces Can Rapidly Displace Water...............................................7 Drawing 1.3 Hydrophilic vs. Hydrophobic Contact Angles.......................... ....... .......,.,.,..........,,.,..7 Figure 2.1 A.R.A.-1 Tio Application ...............................................................,..,,,,.......,........,..,.,.,,.11 Figure 3.1 Greenhouse Gas & Smog Forming Emissions.. ... ......... ......... ......... ......_22 Figure 3.2 Major City Sources of NOX.............................................................................................23 Figure 3.3 Ozone Nonattainment at 60 ppb.... ........ ......... ......... ......... ......... ......... ......... .........24 Figure3.4 Vehicle MPG vs CO2e....................................................................................................26 Drawing 3.5 Ti02 Based Photocatalysis—Band Gap Excitation.........................................................27 Drawing 3.6 How the Heat Island Effect Occurs.................... ....... ........ ........ .......... ........ .........28 Drawing 3.7 Pavement Reflectivity and Time.....................................................................................29 Figure 3.8 Heat Shortens Pavement Life.......................................................................................,,.29 Figure 3.9 Solar Reflectance (°Io) - Treated .............. ......... ......... ......... ......... ........, ....... .,,,....30 Figure 3.10 Solar Reflectance (%) - Untreated..................... ......... ......... ......... ................... .........30 Figure 3.11 Heat-Build vs Pigment Color .................. ................... ,.,..,.„ .....,,.,...,.,.... .,,,..... ..,..,,,.30 Figure 3.12 CO2e Emissions by Asphalt Pavement Input .... .......... ..n.,.... ...,,.32 Figure 3.13 Pavement Preservation Impact on CO2e Reduction.......................................................32 Figure 3.14 Maltene Rejuvenator Study: Seven Year Oxidation Rate Curves..................................33 Drawing 3.15 Photocatalytic Disproportionation of Nitrite Gas (NO2) into Nitrate (NO3)..................35 681 List of Tables Table 1.1 Multi-year NO,, Reduction Testing— Orlando (FL) and Greenville (SC) .............. .........3 Table 1.2 NO,,Reduction—Charlotte County (FL) and Orlando International Airport...................3 Table 1.3 NO, Reduction—Greater Raleigh [Cary] (NC)................................................................3 Table 1.4 NO,Reduction—TTI Test at the Center for Infrastructure Renewal (CIR).....................4 Table 1.5 Solar Reflectance—Charlotte County (FL) and Orlando International Airport...............5 Table 1.6 Water Contact Angle—FDOT OGFC Test Bartow (FL)..................................................8 Table 1.7 Ti02 Impact on Skid Resistance and Hydrophilic Implications.......................................9 Table 2.1 Test of Emulsion and on Residue ..................... ....... ...... ........ ......,.. ......... .........12 Table 2.2 Test of Solar Reflectance.................................. ... ..... ......... ................... ........ .........15 Table 2.3 Test of Water Contact Angle ............................. ......... ............................. .....„.. 16 3 682 List of Acronyms AADT Average Annual Daily Traffic MSRP Manufacturer's Suggested Retail Price AASHTO American Association of State Highway and NAAQS National Ambient Air Quality Standards Transportation Officials NEI National Emissions Inventory ABD Atmospheric Boundary Layer NREL National Renewable Energy Laboratory AMTIC Ambient Monitoring Technology Information NAWQA National Water-Quality Assessment Program Center NVFEL National Vehicle and Fuel Emissions APEX Air Pollutants Exposure Model Laboratory APWA American Public Works Association NEV New Energy Vehicle ARA Asphalt Rejuvenating Agent NM Nanometers ASR Alkali-Silica Reaction NNE Nitrite-Nitrate Exchange Indexing ASTM American Society for Testing and Materials NO Nitric Oxide BTU British Thermal Units NO2 Nitrogen Dioxide °C Celsius NO3 Nitrate CAA Clean Air Act 1990(amended) NOx Nitrogen Oxides CAFE Corporate Average Fuel Economy 03 Ozone CAP Criteria Air Pollutant OGFC Open Graded Friction Course CIR Center for Infrastructure Renewal OTIC Ohio Turnpike and Infrastructure CMAQ Congestion Mitigation and Air Quality Commission Improvement Program P Poise CO2e Carbon Dioxide Equivalent PCC Portland Cement Concrete CsT Centistokes PM2.5 Particulate Matter<2.5 µm(micron) D&D D&D Emulsions,Inc. PPB Parts Per Billion ECF Electrochemical Energy Field PPM Parts Per Million EPA U.S.Environmental Protection Agency PPMC PPM Consultants,Inc. ENV Envision Framework for Sustainable and PSH Photoinduced Superhydrophilicity State Resilient Infrastructure PTI Pavement Technology,Inc. EV Electric Vehicle PCO Photocatalytic Oxidation OF Fahrenheit Redox Oxidation-Reduction FAST Fixing America's Surface Transportation Act RF Radiative Forcing FHWA Federal Highway Administration ROI Return on Investment FIRM Federal Reference Method SCAQMD South Coast Air Quality Management District GSY Gallons Per Square Yard SCM State,County,and Municipal GHG Greenhouse Gas SCR Selective Catalytic Reduction GWP Global Warming Potential SCRP Sustainable Communities Regional Planning H2O Water Grant HAP Hazardous Air Pollutant So. Sulfur Oxides HIR Heat Island Reduction Sq/Yd Square Yard(s) HIRP Heat Island Reduction Program SR Solar Reflectivity HNO3 Nitrate Salt SRI Solar Reflectance Index HUD U.S.Department of Housing and Urban TTI Texas A&M Transportation Institute Development Ti02 Titanium Dioxide ICV Internal Combustion Vehicle IUC University of Illinois Urbana-Champaign IRI International Roughness Index UAFPG Urbanized Area Formula Program Grant ISI Institute for Sustainable Infrastructure UHI Urban Heat Island effect AS Japanese Industrial Standard USD U.S.Dollars LCA Life Cycle Assessment USGBC U.S.Green Building Council LEED Leadership in Energy and Environmental UV Ultraviolet Light Design VALE Voluntary Airport Low Emissions Program LF Lineal Feet VOC Volatile Organic Compound M2 Meters Squared W Weight of Residue ME Microenvironment WCA Water Contact Angle MJ Megajoule WHO World Health Organization MM Millimeter XRF X-ray Fluorescence MOT Maintenance of Traffic MPG Miles Per Gallon MPO Metropolitan Planning Organization MRT Maltene Replacement Technology 683 I SUMMARY AND TESTING The combined action of urbanization (change in land use) and sharp increase in vehicular The background, methods, application and testing emissions intensifies both the build-up of GHGs for PTI's photocatalytic pavement solutions for in the air we breathe and the impact of heat sinks. pollution removal, pavement lifecycle extension The circular impacts from air pollution and UHI and urban heat management are described herein, amplify related economic stresses on communities. In turn, GHG inventories PTI is into its fifth decade serving government accumulate, exaggerating linked atopic and other agencies and was an early advocate for asphalt human disease.8 rejuvenation nanoscience using Maltene Replacement Technology (MRT) 7 to extend the National Emissions Inventory (NEI) Data 9 life cycle assessment (LCA) of asphalt indicate motor vehicles operating on roadways pavements. Thousands of agencies (SCMs) have emit on average 60% of ozone pollution (03), employed MRT for many decades as part of their principally NOX in the United States. In more roadway planning and maintenance protocols to densely populated areas, vehicle-based emissions reduce costs and lower their community's carbon inventory trend closer to 75%, while total vehicle footprint. Pavement preservation solutions emissions iin rap:hdly growing metropoq.itan areas enhanced with the trifecta of photocatalytic have skyrocketed over SOT since 1.990.'o properties, from depollution to heat-reducing and life cycle extending, are a natural advancement in In addition to poorer air quality and the escalating environmental and sustainability solutions from health burden, mobile-sourced pollution is PTI. contributing to the "western impacts", including rising sea levels and warmer climates. For These next generation products are proving example, intensified El Nino effects are resulting valuable to SCMs and other transportation in exaggerated precipitation and incidence of 1 infrastructure authorities, such as airports, seeking flooding in the Southeastern United States and to manage compliance with the Clean Air Act droughts in the West. (CAA), the National Ambient Air Quality Standards (NAAQS) for airborne pollution NOX is the primary component of 03 or 66urban inventory minimums, and Urban Heat Island smog". It is a class of gaseous pollutants effect (UHI). generated during high temperature processes of internal combustion engines and consists of nitric The near-road microenvironment (ME) is a oxide (NO) and nitrogen dioxide (NO2). :C"' 02 i di significant area of policy and practice concern for (�Cms�u-,J��;�re q uusuud.uus; �l w most d.iallg;eu°d�dusuu Iff modern urban planners, regulators, and i-dd u�9 a ut aus s impacting human health and the sustainability managers. Emissions from cars and environment and is one of six Criteria Air trucks are a major source of greenhouse gases Pollutants (CAPs) as defined under the NAAQS. (GHGs) and the primary source for anthropogenic airborne toxins, such as nitrogen oxides (NO,) Photocatalytic oxidation (PCO) of NO, using and volatile organic compounds (VOCs), that topical spray materials containing titanium form the nucleus of un.hcau diy photu:bci einiical dioxide (Ti02) for roadway applications is a �a-nog. novel, yet proven technology for mitigating urban smog. It has been researched and tested broadly, Pavement Technology, Inc., + ? a vetec h?.nc_p-g)/ cat,,-„ 9 U.S. Environmental Protection Agency (EPA): National maltenes . Emissions Inventory (NEI), vw eowir-erruisslons 8 Swamy G, et al., Urban Heat Island (UHI) Influence on inventories/national-emissions-minventory-nei. Secondary Pollutant Formation in a Tropical Humid 10 Boston University: Database of Road Transportation Environment, vw w. ubl' ed y. Emissions and The New York Times, October 2019. 684 especially in Europe. While the success rate for With a half century of experience introducing PCO efficiency of Ti02 solutions has been nanotechnologies to pavements, PTI's consistently encouraging,11 12 prevailing photocatalytic solutions are designed to deeply techniques for both the development and penetrate pavement surfaces to deliver application of Ti02 compounds have proven not nanoparticle, photocatalyst Ti02 into depth at durable or economical. optimal load for sustained PCO and UHI mitigation. The product stock can be applied to That now has changed. almost any asphalt or concrete substrate using PTI's advanced application apparatus and at a In 2017 (and 2018),PTI applied the first field tests fraction of the costs to more archival means to for durable Ti02 solutions in Greenville (SC) and clean air, reduce heat build and extend Orlando (FL). The technological breakthrough infrastructure life cycle. combined proven surface penetrating pavement preservation compounds, long utilized by Based on the Greenville and Orlando successes conservation minded SCMs, fortified with (Table 1.1), 14 more refined applications of these photocatalyst grade Ti02, to impregnate new solutions have been deployed in the field as pavements with the natural pollution-reducing pilot projects in Austin (TX), Charlotte County and heat reflecting material. The PTI technique (FL), Greater (Cary) Raleigh (NC), Bartow (FL) provides both a method for sustainable Ti02 [FDOT test], Akron (Summit County) (OH) and delivery into pavement wearing-course depth and at Orlando International Airport (MCO). at cost-effective "retrofit" economics. The practice promotes an efficient and scalable Recently, Cincinnati (OH) and Raleigh (NC) application for solar-based, direct capture placed the first ever public bid and RFP for these technology for 03 precursors in the near-road materials. They will be used on the first environment. photocatalytic pavement related project to receive 2 LEED in St. Petersburgh (FL) and piloted at the Titanium is an amazing material. It is as strong as Kennedy Space Center by NASA later in summer steel, yet a fraction of its weight and much more 2020. durable. Ti02 is a natural mineral whose atypical chemical properties have led to a diverse range of 1.2 Field Testing — Vehicular Pollution commercial and industrial uses from whitening Removal additives in paints to food coloring, candy The Texas A&M Transportation Institute (TTI) coatings, toothpaste, and reflective sunscreens, has tested field cores from the pilot sites using etc. standardized photocatalytic materials testing protocols for PCO. 15 TTI testing indicates Or as surface `wetting' (i.e.,hydrophilic) and anti- consistently strong NOX reduction at all sites fogging agents and as photo-reactive chemical tested and over multiple years on the oldest sites catalysts.13 (Tables 1.1-1. ). 11 Dios J, et al., Decontamination through Photocatalytic 14 Zollinger DG and Joshaghani A, Laboratory Investigation T102 Additions — Past, Present and Future, International of the Effect of Ti02 Topical Treatments on Concrete and Conference on Emerging Trends in Engineering and Asphalt Samples, Texas A&M Transportation Institute, Technology(ICETET), London 2014. September 2018. 12 Gopalakrishnan K, et al., Climate Change, Energy, 15 Japanese Industrial Standard (JIS) TR Z 0018 Sustainability, and Pavements, Springer, 2014. Photocatalytic Materials—Air Purification Test Procedure. 13 Gopalakrishnan K, et al., Climate Change, Energy, Sustainability, and Pavements,Springer, 2014. 685 Tablel.1 Multi-year NOx Reduction Testing—Orlando (FL) and Greenville (SC) A.R.A.-1 Ti NO Reduction Efficiency (%) 0.04-0.05 gay Light r'02 Orlando (FL) HEOL 28% 33% 34% 30% Greenville ISC, Source:Texas A&M Transportation Institute(TTI) Table 1.2 NOx Reduction-Orlando International Airport and Charlotte County (FL) NO Reduction Efficiency ----- ---- - --------- 0.08 gay >Ti02 Orlando PIEGL 45% 43% 53% 57% International ...........- Charlotte Co. (FL) 3 .. .................................................................... ..... F T-M TM TM_ TM ri-introCME T-i-intoCME T-WntroCME ri-intraCME Concrete Concrete Asphalt Asphalt Sample A Sample B Sample A Charlotte Co. (FL) Source:Texas A&M Transportation Institute(TTI) Table 1.3 NO-,Reduction-Greater Raleigh [Cary] (NC) ---------------------- NO Reduction Efficiency ............................................................... s ��wgw np�'A.R.A.-i Ti 0.07 M07IM gay Sample A Sample a 'mas NEOL 46% 45% 42% 44% Source:Texas A&M Transportation Institute(TTI) 686 Table 1.4 NOx Reduction —TTI Test at the Center for Infrastructure Renewal (CIR) Control Sample i' HEOL 53% 57% 61% 53% 48% j Source:Texas A&M Transportation Institute(TTI) Road-level NOx capture and sequestration or Texas A&M also has tested the pilot sites for Ti02 "i(;0, (' I-)t ,ar has been the principal advantage penetration (durability) and load optimization of PTI's photocatalytic pavement solutions, with (PCO efficiency) through 'wearing-course' depth a product stock including A..R.A.w.....1 "]IC'i@ for (0 to 6 mm) 16 using x-ray fluorescence analysis asphalt surface courses, Uthol000 " for 4 (Figure 1.1).1718 concrete surface courses, ,COIN"1'BO DIl'll (longitudinal joints) and 'Ti intar°oCMEQ0 (all Due, in large part, to previously proven penetrant substrates),which cover most or all transportation technology, PTI test sites consistently indicate infrastructures and needs. deep penetration of the photocatalyst material at efficient PCO concentrations (> 2000 ppm) as Figure 1.1 Ti02 Penetration—Orlando deep as 50 mm (2 inches) or 8x AASHTO International Airport wearing-course depth. ................................_..�...................._............. 5000 A.R.A.4 TP The high Ti02 presence at wearing-course depth L000 is why the NO, reduction figures are consistently 5 a3000 strong. Penetration and reliable load optimization C 12000 = =='i of the Ti02 is the key to the significant $4 technological advancement with Pavement 15 t000 Technology's photocatalytic pavement solutions. 0 0 This was achieved by combining two proven 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 nanotechnologies—known pavement preservation ___ Core#1 (0.05) Dept& a (lore#2(0.05) penetrating agents (e.g., MRT) and photocatalytis Core#12(0.10) Core#13 (0.10) using photoreactive grade nanoparticle titanium dioxide. Source:Texas A&M Transportation Institute(TTI) 16 The American Association of State Highway and 17 Zollinger DG and Joshaghani A,September 2018. Transportation Officials (AASHTO)sets pavement wearing 18 Zollinger DG and Joshaghani A, Follow-up, May 2019. course depth at 0.25 inches. 687 1.3 Acidin Mitigation with Ti02 Treated nitrogen levels impacting lakes,reservoirs, rivers, Roads and other estuarial expanses. Atmospheric deposition of nitrogen is a major source of nitrate found in watersheds and is Vehicular emissions are the second largest source addressed by various water-quality legislation. of nitrogen builds in watersheds,after agricultural Specifically, because almost all of the sources of sources, and can contribute as much as 40% 19 of nitrogen contaminations are point sources, this nitrate levels in dense urban settings. form of pollution is best controlled by directly reducing nitrogen oxide emissions. The U.S.Geological Survey(USGS)recommends direct reduction strategies for mobile-sourced Commonly, these point sources are located NOx be employed to reduce such water outside of the political boundaries of watersheds contaminations. So, photocatalytic pavements that inherit this atmospheric deposited nitrogen provide a preferred strategy for acid rain and, therefore, may not be controlled through mitigation and direct reduction of watershed SCM regulations nor governance. Recent nitrogen builds. amendments to the CAA have mandated reductions to NO, including from mobile sources, as they are a critical factor in managing Table 1.5 Solar Reflectance—(a) Orlando International Airport and (b) Charlotte County( L) Compound - index Substrate sample Control 5 0 0 0 f� 4 Concrete mom Ti-introCME TV 11 30 34 Asphalt Ti-introCME TV Concrete 1 46 Concrete Source:Texas A&M Transportation Institute(TTI) 19 U.S. Geological Survey's National Water-Quality Assessment Program (NAWQA), www.usgs.com. 688 1.4 Field Testing - Cool Pavements with Ti02 U.S. l 1uiireeii lluujilldi iig t::.'ouuncillll 1IC.i.I+D for heat In 2019, TTI added testing for solar reflectance island reduction (Table 1.5).21 2i (UHI mitigation effectiveness), showing PTI test sites consistently exceed the threshold for At Orlando International Airport, PTI solutions turned an almost perfectly absorptive asphalt parking ramp (FedEx terminal) with a Solar Reflectance Index (SRI) of 9 (out of 100) into a 39-40 or 40% more reflective than LEED requirements and>4x as heat energy displacing as original, untreated asphalt. As a heat mitigator, photocatalytic grade Ti02 simultaneously absorbs solar radiation away from the pavement substrate and efficiently redirects the energy back into the atmosphere, thereby protecting the pavement from oxidative deterioration (LCA extension) and eliminating excess pavement emissivity (especially in asphalts), creating a so-called—"cool pavement" which greatly helps reduce UHI.22 nsink aid'fr�mta+� 1"t �d"1"�mnp0Mt 0 1.5 Field Testing — Super-Hydrophilic a Pavements Ti02-bearing pavements exhibit a Photoinduced Superhydrophilicity State (PSH) when exposed 6 to UV radiation, which enables water to disperse and desorb across a Ti02-treated surface much more efficiently. 23 24 This fatly reduces water intrusion risk to pavements and critical for longitudinal joints. PSH pavements also promote significant M;1,1lllluu � ter safety improvement implications including reduced hydroplaning, less windshield visibility impairment, and possibly ice formation mitigation. It also is why Ti02 treated surfaces YENare mechanically "self-cleaning" and both anti- //% 2s mold and antimicrobial. 20 Zollinger DG and Joshaghani A,Solar Reflectance Analysis 23 Mechanism of Photoinduced Superhydrophilicity on the of Ti02 Penetrant Treatments on Concrete and Asphalt Photocatalyst Surface, The Journal of Physical Chemistry, Samples, Texas A&M Transportation Institute, August American Chemistry Society, 2005, Masato T,et al. 2019. 24 Vassilia Z, Hydrophilic Ti02 Surface Without 21 U.S.Green Building Council USGBC), LEED V4 Heat Island Photocatalytic Activation, Lawrence Berkeley National Reduction (HIR)via Solar Reflectance Index(SRI)>50%29, Laboratory, University of California at Berkeley. www.gs bg c.org. 25 Kubacka A, Suarez Diez M, et al., Understanding the 22 EPA, Reducing Urban Heat Islands: Compendium of Antimicrobial Mechanism of Ti02- based Nanocomposite Strategies, Urban Heat Island Basics, www.epa.org. Films in a Pathogenic Bacterium,Nature Journal, 2014. 689 For example, the PTI test site at Orlando as 5x a non Ti02-bearing or "inactive" surface.27 International exhibited significant mold removal 28 within the first few months on the previously As with NOX reduction, the "fully hydroxylated" mentioned FedEx ramp treated with .-1 Ti02-bearing pavement 29 during photocatalysis i causes powerful oxidants to combine with the adsorbed water molecules (e.g., rain) to form new Light energized Ti02 strongly attracts water, hydrogen bonding with the H2O clusters. This which is naturally polarized, where the water forces the distribution of these bonds within the molecules are split by the activated surface, water droplets to decrease, resulting in a resulting in vastly improved disposal of H2O as it reduction of surface tension between the water is transformed into thin films across the surface, and the photoreactive Ti02 surface.3031 not allowing droplets (and ponding) to form (Drawing 1.2). A WCA of less than 90 degrees is considered "hydrophilic" and will increasingly (with lower Drawing 1. Super-Hydrophilic aces Can Rapidlyis lace Water contact angle) speed-up the displacement of water (Drawing 1. ). Drawing 1.3 Hy r hilic vs Hydrophobic � Contact Angles f Cowl 1 7 i Fig.1 Schamatic rrrpti[entallo+o!watw droptels bahallour ovw(a) I � !. unceutad ylaas wbstratas and lbl TIO,_aoatad glee substrates 1. ( ewhlbltinp the photainduced superhydropNllclty state. I GG p Source:Universidade do Porto(Portugal) Source:London South Bank University This PSH or "quick drying" transition of a photocatalytic pavement surface can be observed For example, in highway design, an open graded by measuring °%v,, e r �iw o rf l a c1 ai a d�ll (� '�/\) before friction course (OGFC)is designed specifically to and after UV illumination,26 where a Ti02-bearing physically reduce water contact angle as surface surface presents a contact angle considerably roughness has a strong effect on wettability. lower when irradiated. This accelerates the dispersion of water across the surface by as much 26 ASTM D7334 - 08(2013) Standard Practice for Surface 30 Transparent Superhydrophobic/Superhydrophilic Ti02- Wettability of Coatings, Substrates and Pigments by based Coatings for Self-Cleaning and Anti-fogging,Journal Advancing Contact Angle Measurement. of Materials Chemistry, Royal Society of Chemistry, 2012. 27 Research Institute of Toto Ltd.,Tokyo,Japan, 1995. 31 Masato T, Sakamoto K, et al., Mechanism of 28 Banerjee S, et al., Self-Cleaning Applications of T102 by Photoinduced Superhydrophilicity on the T102 for Photo-Induced Hydrophilicity and Photocotalysis, 2015. Photocatalytic Surface, Department of Chemistry, 29 Hydroxylation is a chemical process that introduces a Graduate School of Engineering, Osaka Prefecture hydroxyl group (-OH) into an organic compound and is the University, February 2005. first step in oxidative degradation. 690 A photocatalytic pavement will be even more PTI tested A.R.A.-1 Tie on an OGFC in Bartow efficient at producing a hydrophilic outcome (FL) for the Florida Department of Transportation through its high electro-chemical energy (FDOT) in 2019, As indicated in (Table 1.6), the transformation of water molecules as described, Ti02 enhanced test section observed a material providing a measurable upgrade to the water decline in WCA from 81-82 degrees to 50-51 desorbing efficiency of any pavement substrate. degrees for a nearly 40% improvement in water displacement capability. Table 1.6 Water Contact Angle—FDOT OGFC Test Bartow ( L) Water Contact Angle' A.RA:i Ti• V *Asibl*IUI`., w • SIG820 o SIG Soo Source:Texas A&M Transportation Institute(TTI) In the Charlotte County (FL) trials, PTI tested products to high speed thoroughfares. But what both i o `and Ti-introCME@ across test also was observed was clear indications of the sections for skid resistance (friction) under the instantaneous hydrophilic effect the Ti02 imparted standard testing protocol 32 which was executed to the surface of the pavement. by International Cybernetics (Table 1.7). The 8 primary purpose for which was to determine skid resistance safety when applying Ti02 enhanced 32 ASTM E247/ E274M-15 Standard Test Method for Skid Resistance of Paved Surfaces Using a Full-Scale Tire. 691 Table 1.7 Ti02 Impact on Skid Resistance and Hydrophilic Implications Litho1000 Ti® Location / Rate gsy Pre-Application Post 20 Indian Trail WB/0.03 43 41 44 Indian Trail WB/0.06 43 47 50 Ti-introCME® Alicante Drive EB/0.03 58 61 61 Alicante Drive WB/0.06 59 64 Indian Trail WB/0.03 42 43 45 Indian Trail WB/0.06 42 51 Source: International Cybernetics,Charlotte County(FL)March 2019 As exhibited, the surfaces treated with both test. But it is direct evidence of improved Lit " and Ti-introCME@ showed that hydrophilic tendency of a road impregnated with friction was not adversely impacted in any of the photocatalyst grade Ti02. While more expanded tests and that in all six tests, skid resistance research is concurrent, under actual inclement improved meaningfully. That friction results weather conditions, one should expect the improved immediately (tested after just 20 improved (relative) skid resistance for a Ti02- minutes following application) and continued was bearing pavement to be even greater, hence the insightful as it indicates the clear presence of the safety improvements realizable. 9 Ti02 and a PSH. To some, this may appear to be a startling outcome, especially considering the rather small amount of water used in the standardized friction PTI's potocatalytic pavement solutions provide the Public Works profession the first method for sustainable Ti02 delivery into pavement wearing-course depth and at cost-effective "retrofit" economics. The technique promotes an efficient, durable, and scalable application for solar-based, "NO. Capture" technology for the systematic removal of 03 precursors, UHI mitigation, pavement infrastructure LCA extension, and improved roadway safety in the critical near-road environment. 692 PERFORMANCE SPECIFICATION 10 693 2Pollution- a eiati Polymerized altee Asphalt Rejuvenator 2.1 Descritio : Ti02 Enhanced Asphalt Rejuvenating Agent The work specified in this section shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of a penetrating polymerized asphalt rejuvenating agent to asphaltic concrete surface courses. The asphalt binder rejuvenation shall be affected through the petroleum Maltene Replacement Technology method. In addition, and with the same penetrating carrier liquid, apply photocatalytic-grade titanium dioxide (TiO2) to create a pollution reducing pavement microenvironment. The rejuvenation of surface courses shall be by spray application of a polymerized maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water and containing photocatalytic titanium dioxide in a minimum parts per million at a minimum depth as hereafter specified. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract. Figure 2.1 A. .A.-1Ti*Application r, fJ, y f i r it 1 s 1 1; n iYfiNiouau o ow, i Source:Pavement Technology,Inc.;Cary,NC 2019 694 2.2 Materials and Performance: Tie Enhanced Asphalt Rejuvenating Agent The Ti02 Enhanced Asphalt Rejuvenating Agent shall be a cationic emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each bidder must submit a bid with a certified statement from the Ti02 enhanced asphalt rejuvenating agent manufacturer showing that the asphalt rejuvenating emulsion conforms to the required physical and chemical requirements. Table 2.1 Test of Emulsion and on Residue Test Methods Requirements ASTM AASHTO Min Max Viscosity @ 25°C, SFS D-244 T-59 15 40 Residue, %Wl D-244(Mod.) T-59(Mod) 60 65 Miscibility Test2 D-244(Mod.) T-59(Mod) No Coagulation Sieve Test, °10 W3 D-244(Mod.) T-59(Mod) 0.1 Particle Charge Test D-244 T-59 Positive Percent Light Transmittance 80 Flash Point, COC, °C D-92 T-48 196 Viscosity @ 60°C,,cSt D-445 - 100 200 Asphaltenes, %w D-2006-70 - 1.00 Maltene Dist. Ratios D-2006-70 0.3' 0.6 PUS Ratios. D-2006-70 - 0.5 Saturated Hydrocarbons, $5 D-2006-70 21 28 12 1 ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50-gram sample to 149°C (300°F) until foaming ceases, then cool immediately and calculate results. 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. 3 Test procedure identical with ASTM D-244 except that distilled water shall be used in place of two percent sodium oleate solution. 4 Procedure for Determining Percent Light Transmittance on Asphalt Rejuvenating Agent: a. Scope: This procedure covers the determination of percent light transmittance of the asphalt rejuvenating agent. b. Apparatus: 1. Container may be glass, plastic or metal having a capacity of 6,000 mi. 2. Graduated cylinder, 1,000 ml, or greater 3. Light transmittance measuring apparatus, such as Bausch and Lomb or Lumberton spectrophotometer 4. Graduated pipette having 1 ml capacity to 0.01 ml accuracy 5. Suction bulb for use with pipette 6. Test tubes compatible with spectrophotometer, 3/4" X 6, Bausch and Lomb, Catalog No. 33-17- 81, (B&L) c. Calibration of spectrophotometer: 1. Calibrate spectrophotometer as follows: a. Set wavelength at 580 mu, 695 b. Allow spectrophotometer to warm-up thirty minutes, c. Zero percent light transmittance (%LT) scale, d. Rinse test tube three times with tap water and fill to top of circle marking on B&L test tube or approximately 2/3 full, e. Place tube in spectrophotometer and set %LT scale at 100, and, f. Repeat steps (c) (e) two times or until no further adjustments necessary. d. Procedure: 1. Shake, stir or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion in beaker and allow to stand one minute. 2. Place 2,000 ml tap water in container. 3. Suck 1.00 ml emulsion into pipette using suction bulb. Wipe off outside of pipette. 4. Using suction bulb, blow emulsion into container. 5. Rinse pipette by sucking in diluted emulsion solution and blowing out. 6. Clean pipette with soap or solvent and water. Rinse with acetone. 7. Stir diluted emulsion thoroughly. 8. Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. 9. Calibrate spectrophotometer. 10. Place diluted emulsion sample tube in spectrophotometer, cover and read %LT to nearest tenth. 11. Repeat steps 9 and 10 until three identical consecutive readings are achieved. 12. The elapsed time between addition of emulsion to dilution of water and final %LT reading should not exceed 5 minutes. 13 5 Chemical Composition by ASTM Method D-2006-70 -- (Free) Maltene Distribution Ratio (MDR) can be defined as: PC + Ai S + Az Where: PC = Polar Compounds Ai = First Acidaffins Az = Second Acidaffins S = Saturated Hydrocarbons 2.3 Maltene Replacement ("Rejuvenation') Test The TiO2 Enhanced Asphalt Rejuvenating Agent shall have the capability to penetrate the asphalt pavement surface and shall be absorbed and incorporated into the asphalt binder. Verification that said incorporation of the TiO2 Enhanced Asphalt Rejuvenating Agent into the asphalt binder has been effected shall be by the petroleum maltene fraction replacement method and analysis of the chemical properties of said asphalt binder therein i.e., viscosity shall be reduced by said method. For pavements less than two-years old and receiving the original application of TiO2 Enhanced Asphalt Rejuvenating Agent, the viscosity shall be reduced by a minimum of twenty (20%) percent as determined by the dynamic shear rheometer (DSR) method for asphalt testing in accord with AASHTO T315-05. For treatments of pavements older than two-years and/or after an initial treatment with a petroleum maltene asphalt rejuvenator, the viscosity shall be reduced by petroleum maltene replacement method a minimum of thirty percent (30%) in accord with same. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, in the upper 3/8" of pavement. The treated areas shall be densified or resistant in depth to the intrusion of air and water. 696 The Ti02 Enhanced Asphalt Rejuvenating Agent shall have a record of at least two years of satisfactory service as a Ti02 enhanced petroleum maltene based emulsion asphalt rejuvenating agent and in-depth densifier. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder by the petroleum maltene replacement method and provide an in-depth seal. A.R.A.-1 Ti a Pavement Technology, Inc. product manufactured by D&D Emulsions, Inc., Mansfield, Ohio, is a product of know quality and accepted performance. The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid previous use documentation and test data conclusively demonstrating that; the Ti02 Enhanced Asphalt Rejuvenating Agent has been used successfully for a period of two years by government agencies such as state, county and municipal governments or "SCMs", etc.; and that the enhanced rejuvenating agent has been proven to perform, as heretofore required, through field testing by government agencies as to the required change in asphalt binder rheology and photocatalytic properties as hereinafter detailed.Testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency. In addition, field testing data shall be submitted to indicate said product performance over a minimum testing period of two years to insure reasonable sustainability. The Engineer may require that untreated and treated core samples, a minimum of four inches in diameter, be removed by the Contractor at locations indicated by the Engineer. The treated core sample shall be taken in the same lane in close proximity to each untreated sample. A minimum of one untreated and treated core sample shall be taken for each pavement group or one per 50,000 square yards of treated pavement in each pavement group. 2.4 Photocatalytic Properties Testing 14 ------------- 2.4.1 Tie Penetration Test:The Ti02 Enhanced Asphalt Rejuvenating Agent shall have a non-destructive analytical procedure applied to determine the percent of Titanium Dioxide nanoparticles present in each two-millimeter(2mm) layer of the field core sample matrix for a minimum depth of six millimeters (6mm) from the top of the treated sample core. The method of measurement shall be by fluorescent X-ray emitted from the surface when excited by a principal X-ray source that is exceptional for the given element. A hand- held XRF analyzer is acceptable for this testing. The minimum required concentration of Titanium Dioxide nanoparticles per each two-millimeter (2mm) section up to the minimum depth of 6mm shall average 2000 parts per million (ppm). . .2 N0z Reduction Effectiveness: The Ti02 Enhanced Asphalt Rejuvenating Agent shall be verified for the effectiveness of the air pollution remediation of the Titanium Dioxide nanoparticle portion by laboratory analysis of core samples extracted from the treated pavement as directed and required by the Engineer. The cores shall be a minimum of four inches (4") in diameter and in pairs at each location directed by the Engineer. The cores shall be tested by an accredited laboratory or university with the equipment and capability to perform the following test procedures. . .3 N0z Reduction Test: A photo reactor test chamber shall be employed that allow for the evaluation of the efficient photocatalytic reduction of introduced NO,, gas of a known and controlled concentration within the chambers volume. The chamber light source shall be a UV lamp having a wavelength of 375 nanometers. The interior chamber environment shall be at 77°F with a constant humidity of 55% ±5%. The test total duration shall be five hours. The analysis test system shall be based on a Japanese Industrial Standard (JIS) TR Z0018 "Photocatalytic Materials-Air purification test procedure". NO removal 697 efficiency shall be measured using a Model 42i Chemiluminescence NO-NO2-NO, Analyzer (Thermo Fisher Scientific Inc.). The minimum NO reduction following the heretofore outlined test procedure evaluating field core samples shall average 25% for all cores tested. 2.4.4 Solar Reflectance Effectiveness: Verification of the effectiveness of the solar reflectivity the Titanium Dioxide nano-particle portion of the Ti02 Enhanced Asphalt Rejuvenating Agent shall be by laboratory analysis of core samples extracted from the treated pavement as directed and required by the Engineer.The cores shall be a minimum of four inches(4")in diameter and in pairs at each location directed by the Engineer. The cores shall be tested by an accredited laboratory or university with the equipment and capability to perform the following test procedures. 2.4.5 Solar Reflectance Test(s): Solar reflectivity shall be determined by measuring the treated core samples for a Solar Reflectance Index (SRI) value. SRI is a measure of the constructed surface's ability to reflect solar heat, as shown by a small temperature rise. It is defined so that a standard black surface (reflectance 0.05, emittance 0.90) is 0 and a standard white surface (reflectance 0.80, emittance 0.90) is 100. The relevant standards for measuring solar reflectance are: Table 2.2 Test of Solar Reflectance Value Test Method Solar Reflectance ASTM C1549—Standard Test Method for Determination of Solar _ Reflectance _ Solar Reflectancem ASTM E 1980 — Standard Practice; for :Calculating Solar 15 Index Reflectance Index oY horizontal and loped,Low-S Q ue Surfaces -........— Based on these standards, the SRI is a measure of the relative steady-state temperature of a surface with respect to a standard white surface (SRI=100) and a standard black surface (SRI=O) under standard solar and ambient conditions. Under normal ambient conditions, the steady-state temperature for the black and white reference surfaces is 355.61 kelvin (K) or 180°F and 317.76 K (110°F), respectively. A Solar Reflectance Index (SRI) can be defined as: SRI = T t, 'rw Where: • Steady-state Surface Temperature (Ts)—the temperature of the surface, in K, under the standard solar conditions. The surface temperature Ts (°C)=Ts (K)-273 • Reference Black Surface Temperature (Tb)—the steady-state temperature of a black surface with a solar reflectance of 0.05 and infrared emittance of 0.9, under the standard solar and ambient conditions • Reference White Surface Temperature (Tw)—the steady-state temperature of a white surface with a solar reflectance of 0.80 and infrared emittance of 0.9, under the standard solar and ambient conditions • Sky Temperature(Tsky)—the temperature of a black body that would radiate the same power in the thermal infrared spectrum (5 to 40 nm) toward the earth as does the sky 698 The minimum SRI value following the heretofore outlined test procedure(s) evaluating field core samples shall average 29 (or 0.29) for all cores tested, which meet the minimum standard (>50% 29 SRI) for the U.S. Green Building Council (USGBC) hardscape threshold for Leadership in Energy and Environmental Design (LEED) credit or the minimum standard for the American Public Works Association (APWA) / Institute for Sustainable Infrastructure (ISI) Envision Superior(>60% 29 SRI) level of achievement credit. 2.4.6 Hydrophilic Improvement: Verification of the improvement in hydrophilic property of the Titanium Dioxide nano-particle portion of the TiO2 Enhanced Asphalt Rejuvenating Agent shall be by laboratory analysis of core samples extracted from the treated pavement as directed and required by the Engineer. The cores shall be a minimum of four inches (4") in diameter and in pairs at each location directed by the Engineer. The cores shall be tested by an accredited laboratory or university with the equipment and capability to perform the following test procedures. 2. .7 Wettability Test: Hydrophilic improvement shall be determined by measuring the treated core samples for Water Contact Angle (WCA). WCA is a common measurement of a constructed surface's ability to improve wettability or the ability of water to develop a stronger boundary (less resistance) with the surface as shown by a decline in water contact angle. A WCA of> 900 is considered hydrophobic or high resistance while a WCA <900 is considered hydrophilic or low resistance. The relevant standard for measuring WCA is: Table 2.3 Test of Water Contact Angle Value Test Method Water ASTM D7334 - 08(2013) Standard Practice for Surface Wettability of Contact Coatings, Substrates and Pigments by Advancing Contact Angle 16 An le Measurement The minimum WCA reduction following the heretofore outlined test procedure evaluating field core samples shall average 20% for all cores tested. 2.5 Equipment 2.5.1 Distributor: The distributor for spreading the emulsion shall be self-propelled and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.04 to 0.10 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5% of the specified rate. Distributor equipment shall include full circulation spray bars,pump tachometer,volume measuring device and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The rate of application shall be controlled by an onboard computer control system designed to control the selected application rate uniformly and consistently in gallons per square yard regardless of the forward speed of the distributor truck. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. 699 2.5.2 Aggregate Cover Truck: The truck used for cover aggregate application shall be equipped with a spreader that allows the aggregate to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of cover aggregate per square yard in a single pass. The spreader shall be adjustable so as not to broadcast cover aggregate onto driveways or to lawns. The cover aggregate to be used shall be free flowing,without any leaves,dirt, stones,etc.Any wet aggregate shall be rejected from the job site. Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired, or replaced at the direction of the Engineer. 2.5.3 Calibration: Distributor- prior to construction, calibrate the distributor in accordance with ASTM D2995-99 in the presence of the Engineer. The distributor shall be moving forward at the proper application speed at the time the spray bar is opened. If at any time a nozzle becomes clogged or not spraying a proper pattern, the operation shall be immediately halted until repairs are made. .6 Construction 2. .1 Layout: The Contractor will be responsible for the lay out of the roadway and project planning and sequencing to meet traffic control requirements prior to paving. 2.6.2 Weather and Seasonal Limitations: The Ti02 Enhanced Asphalt Rejuvenating Agent shall not be applied to a wet surface or when rain is occurring, or the threat of rain is present immediately before placement. The surface treatment shall not be applied when the temperature is less than 40' in the shade. When applying emulsions, the temperature of the surface shall be a minimum of 45°F, and no more than 17 150°F. If unexpected rain occurs prior to material penetration and cover aggregate application, the agent shall be reapplied at no cost to the agency. Further, the contractor's traffic control and project monitoring shall continue until the application has penetrated, area has been sanded and the resultant surface is acceptable to the Engineer for vehicular travel. 2.6.3 Preparation of Surface: The contractor will be responsible for blowing or sweeping the road immediately ahead of the application operation to make sure the road is free of standing water, dirt, loose aggregate, and other debris. The surface shall be clean and dry prior to the application. 2.6.4 Application of Tie Enhanced Asphalt Rejuvenating Agent: The Ti02 Enhanced Asphalt Rejuvenating Agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to ensure full rate of spread over the entire area to be treated. Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. 2.6.5 Material Placement of Tie Enhanced Asphalt Rejuvenating Agent: Application of Ti02 Enhanced Asphalt Rejuvenating Agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event the centerline construction joint of the pavement shall be treated in both application passes of the distributor truck. 700 Before spreading, the TiO2 Enhanced Asphalt Rejuvenating Agent shall be blended with water at the rate of two parts rejuvenating agent to one-part water, by volume or as specified by the manufacturer. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.04 to 0.10 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff, in the opinion of the Engineer, shall have the required amounts applied in two or more applications as directed. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of TiO2 Enhanced Asphalt Rejuvenating Agent. When directed by the Engineer, the Contractor shall take representative samples of material for testing. 2.6.6 Test Strip for Application Rate: Prior to start of the project, the contractor shall perform test strip applications as directed by the engineer. Test strips shall be performed for each pavement group of similar age and type within the project area. The test strips shall be applied at a minimum width of 6 feet and for a length of 50 feet. A total of three test strips shall be applied at application rates of 0.04, 0.08 and 0.10 gallons per square yard, respectively. The time,in minutes, for essentially complete absorption of the asphalt rejuvenating emulsion shall be recorded for each test strip. The optimal rate to be used in a given area shall be that rate essentially absorbed within 20 minutes. In the event that all three of the standard test rates are absorbed completely within the 20-minute timeframe, 18 then the Contractor and the Engineer shall agree on a fourth test strip application rate. -- Upon completion of the test strips for each pavement group, the Engineer will determine the final application rate to be applied to each pavement group. 2.6.7 Cover Aggregate Application: After the TiO2 Enhanced Asphalt Rejuvenating Agent emulsion has penetrated, and when recommended by the Contractor and approved by the Engineer, a coating of dry cover aggregate shall be applied to the surface in sufficient amount to protect the traveling public as required. All cover aggregate used during the treatment must be removed no later than 24 hours after treatment of a roadway. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts,cul- de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt rejuvenating emulsion. If, after the cover aggregate is swept and in the opinion of the Engineer a hazardous condition exists on the roadway, the contractor must apply additional cover aggregate and sweep same no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of materials. 2.6.8 Handling of Ti02 Enhanced Asphalt Rejuvenating Agent: Contents in tank cars or storage tanks shall be circulated at least 45 minutes before withdrawing any material for application. The distributor truck will be cleaned of all of its asphalt materials and washed out to the extent that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval of the Engineer. 701 2.6.9 Street Sweeping: The Contractor shall be responsible for sweeping and cleaning the streets after treatment. All cover aggregate used during the treatment must be removed no later than 24 hours after treatment of the street. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. If, after cover aggregate is swept and in the opinion of the Engineer a hazardous condition exists on the roadway, the contractor must apply additional cover aggregate and sweep same no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of cover aggregate. 2.6.10 Resident Notification: The contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice will be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type, which secures to the door handle of each dwelling. Unsecured notices will not be allowed. The contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental to the contract. 2.6.11 Traffic Control: The Contractor shall furnish all necessary traffic control, barricades, signs, and flagmen, to ensure the safety of the traveling public and to all working personnel. Traffic shall not travel on fresh TiO2 Enhanced Asphalt Rejuvenating Agent until penetration, in the opinion of the Engineer, has become complete and the area is suitable for traffic. The Contractor shall submit an M.O.T plan indicating all facets of traffic control for the project area. The M.O.T.plan must be approved in writing by the Engineer prior to commencing any work. All traffic control shall be in accordance with the DOT Roadway Design Standards (most current edition). Traffic control devices shall be checked daily and periodically throughout the project for compliance; and where adjustments or corrections are needed, prompt revisions shall be 19 made. 2.6.12 Method of Measurement: The TiO2 Enhanced Asphalt Rejuvenating Agent emulsion shall be paid at the Contract bid unit prices for the actual square yards of pavement treated as field measured. Said payment is compensation in full for all costs of furnishing and applying the material as specified, including cleaning the existing pavement, purchase of cover aggregate, delivery of cover aggregate, all labor, equipment, and materials necessary for the placement of the TiO2 Enhanced Asphalt Rejuvenating Agent emulsion, sweeping of any loose material after construction and other requirements as specified. Traffic control for maintaining traffic for constructing TiO2 Enhanced Asphalt Rejuvenating Agent emulsion shall be considered incidental. 702 Payment for removal of untreated and treated cores shall be paid for as each at the unit price bid for Test Core Removal. 2.6.13 Basis of Payment: Pay Item Unit • Ti02 Enhanced Asphalt Rejuvenating Agent Per Sq/Yd • Field Core Removal* Each • Field Core Laboratory Analysis—Viscosity* Each • Field Core Laboratory Analysis -Titanium Each Dioxide Penetration* • Field Core Laboratory Analysis - Titanium Each Dioxide NO2 Reduction* • Field Core Laboratory Analysis -Titanium Each Dioxide Solar Reflectance Index (SRI)* • Field Core Laboratory Analysis - Titanium Each Dioxide Water Contact Angle (WCA)* • Mobilization Per Project 20 *When required by the Engineer 703 ADDENDUM 21 704 .1 Mobile Source Pollution and Tropospheric ultraviolet rays.33 This sometimes is referred to as Ozone "good ozone". Ozone, sometimes referred to as "smog", is a toxic gas that is formed in the atmosphere when Ground Level Ozone is found near ground level, three atoms of oxygen combine (i.e., 03). The naturally (sometimes called "tropospheric chemical structure of ozone is the same wherever ozone"). It is created by chemical reactions it is found; however, as shown (Figure .1) there between nitrous oxides(NOx)and volatile organic are two categories of ozone. compounds (VOCs) in the presence of sunlight. Emissions from industrial facilities can contribute Stratospheric Ozone is found naturally in the as much 15% of tropospheric ozone, electric Earth's upper atmosphere - 6 to 30 miles above utilities 20% and motor vehicle exhaust the Earth's surface - where it forms a protective contributes 60%or more (Figure 3.2).34 They are layer that shields us from the sun's harmful the major sources of noxious gas formations in the air humans breathe ("bad ozone"). Figure 3.1 Greenhouse Gases & Smog Forming Emissions 111T r' 11JON, 111111 i '/° j f m,0/71/1111/11,11 �J J • Cars and trucks that combust fuel 22 • Greenhouse gases(GHGs)are also emit smog forming emissions, emitted from the tailpipes of cars such as nitrogen oxide,non- and trucks that combust fuel. methane organic gases,carbon • Once GHGs are released,they can monoxide,particulate matter,and stay in the atmosphere for 100 formaldehyde. years or more. • These emissions are usually r * GHGs act like a blanket around trapped close to the ground,and J Earth,trapping energy in the can form a brownish haze that atmosphere and causing it to pollutes our air,particularly over warm. This can change Earth's cities in the summertime. climate,raise sea levels,and result • Smog can make it difficult for some in dangerous effects to human people to breathe,triggering lung health and welfare,and to diseases such as asthma, ecosystems. emphysema,and chronic • The effects are global. bronchitis. • The effects are local,regional,and r national. Source:Environmental Protection Agency(EPA) rwvsa 33 Texas Commission on Air Quality,AwWAg . exw sway. 34 Environmental Protection Agency(EPA),www.epa.gov. 705 Figure 3.2 Major City Sources of NO, premature deaths annually,39 including 43% of lung diseases and cancer,25%of heart disease and Source of Wx in e,e Cft aoff 24% of strokes.4o Other1% The Arneric,,an IIC Puri Association has concluded: Commercial "The burden oJ'airpollution is not evenly,shared. Gas 26% Major Roads 65% Poorer people and.some racial and ethnic groups are among those who ofien fcice higher exposure to pollutants p 41 owing,in no small part,to their Domestic sheer proximity to major point-sources (industry Gas s% and traffic) for anthropogenic pollution. Minor Roads 3% 3.2 Air Quality and Resident Health Creation of Hazardous Photochemical Smog Caused by Vehicle Emissions. Detrimental gas emissions, such as NOX and sulfur oxides (SOX), Source:City of London Air Quality Strategy 2011-2015 are formed during the combustion process from burning fossil fuels. Vehicle emissions introduce Climate scientists and healthcare experts have one of those oxides — nitrogen dioxide, into the concluded that ground-level pollution or environment,increasing 03 concentrations.As the 23 photochemical smog in densely populated, urban ozone concentrates, the percentage of nitrogen _ environments has developed into a human health undergoing oxidization also increases,resulting in crisis. an increasingly higher percentage of NO2 in the atmosphere, especially in the troposphere to The Worki 11(441-1. Ori,anirali n's ( "'�110) most create ground-level pollution harmful to humans recent survey of 4300+ cities worldwide indicate and damaging to ecological systems. only 20% of urban populations live in cities that comply with WHO air quality guideline levels for Researchers have identified a clear association fine particulate matter (PM2.5), which includes between these serious environmental, ecological NOX as the major contributor.35 36 and health dangers with the presence of photochemical smog, acid rain, and rising NO2 The poor showing includes American cities, concentrations. The EPA classifies NO2 as an where all of our major urban hubs are near, "extremely hazardous"criteria toxin42 and has set already at or above WHO limitS.37 stringent limits on its ozone inventory under the NAAQS. 43 The ratio of NO2 to total gas Further, WHO scientists believe the impact of emissions has been rising over the years due to inner-city air pollution on the development of increasing urbanization and associated traffic and respiratory and atopic disease in childhood, in particular,has reached epidemic proportion.3' Air pollution may contribute to as many as 9 million 35 World Health Organization (WHO), Ambient (Outdoor) 40 WHO, Global Health Observatory (GHO) data 2016, Air Quality and Health, May 2018. wwwwwwhowjnt. 36 WHO:10µg/m3annual mean and 25µg/m3 24-hour mean 41 American Lung Association, Disparities in the Impact of for PM2.5, www.who.int. Air Pollution,www.lung.org. 37 EPA:Air Quality Statistics by City 2017, www.epa.gov. 42 EPA: List of Extremely Hazardous Substances, 38 WHO,Ambient(Outdoor)Air Quality and Health www.epa.gov. 39 The Lancet Commission on Pollution and Health,October 43 EPA: NAAQS Table,Criteria Air Pollutants, 2017. www.epa.gov. 706 has resulted in a corresponding increase in 03 Airborne nitrous oxides (nitrites) have a half-life "build-up.44 ranging 100 to 150 years.47 The EPA also believes NO2 concentrations from vehicles and near EPA technical data shows that as much as two- roadways are appreciably higher than those thirds of atmospheric NO2 is emitted from mobile measured at monitors in the current EPA network. sources.45 And nearly half of all Americans live In fact, near-road concentrations can be —3 within `maximum exposure' to near-roadway times bi ber than measured at nearby area- pollution or within 500 meters of high AADT wide monitor ,48 making road-level "breathing volume roads, according to the most recent U.S. zones" uniquely attractive targets for managing Census.46 NO2 contaminations. Figure 3.3 Ozone Nonattainment at 60 ppb oo-ir7Wl ,• OUIRI�Ifh��f(RiiffkORBWV''�V'�hiw��rt�NGwNN��itlh�flYRfRPMR01f�f�ffi�f;... .., �,.. „, .,rNn 1 � I" r a N 24 1 l monnorea caws and Rural Counties That Would Be violating a 60 ppb Standard n Urmonitored Areas That Have Eal"ed Ozone Levels That Would Be Viola M a 60 ppb Standard used on Spatial Interpolatlon) Source: U.S.Environmental Protection Agency w)yNy.epg,gov. 44 Richmond-Bryant J and Owen RC et al.,Estimation of On- Federal Highway Administration (FHWA), Average Annual road NO2 Concentrations, NO2/NO. Ratios, and Related Daily Traffic Data(AADT), rr. 11 . lp , av Roadway Gradients from Near-road Monitoring Data, Air 47 EPA,Technical Bulletin:Nitrogen Oxides(NO)), Why and Quality,Atmosphere&Health,January 2017. How They are Controlled, November 1999. 45 EPA: List of Extremely Hazardous Substances, 48 EPA: Near Roadway Air Pollution and Health, Frequently www.epa.go Asked Questions EPA-420-F-14-014,www.epa.gov. 46 U.S. Census Blocks 2010, U.S. Census Bureau, www.censes.gov; and U.S. Department of Transportation, 707 EPA estimates 49 (Figure . ) indicate all major America alone has seen annual new vehicle U.S. cities and much of the country's populated registrations nearly triple since 1975,55 far areas in general would breach 03 concentrations outpacing gains in fuel efficiency. And while new at a 60ppb (parts per billion) threshold. The energy vehicle (NEV) growth has been steady, current limit is just 65ppb 50 and most health and wide adoption has been greatly limited by steep environmental experts expect the cost prohibitions, lackluster consumer enthusiasm "nonattainment" limit to be lowered in the near and other constraints.16 " " The electric vehicle future. (EV) market e.g., appears to be centered exclusively on the super-luxury market, with So, agencies need to be both preemptive and average MSRPs exceeding 67,000 I.ISD.59 proactive. Most do not have adequate strategies in-place, however.51 The National Renewable Energy Laboratory (NREL) predicts that energy demand would 3.3 On-Road Vehicular Emissions skyrocket by over 60% 60 from current capacity The Good News is that vehicles are getting more limits if EVs were widely adopted. But where efficient. Average new vehicle fuel economy for would we get more electricity today,tomorrow, or internal combustion engine (ICV) passenger cars even fifty years from now to meet such an 25 has increased from 13 mpg in 1975 to 25 mpg enormous increase in electricity demand9 today,52 and it's expected to steadily rise to 40 mpg in the coming decade.53 Many ICV models By most estimates, we'd need as many as 10 already exceed 35 mpg.S4 billion solar panels in the United States alone just to handle electric cars, creating substantial EPA scientists and engineers at the National financial, logistic and land use issues.61 And that, Vehicle and Fuel Emissions Laboratory(NVFEL) of course, assumes the panels will be able to at the University of Michigan (Ann Arbor) are constantly (steadily) produce the electricity we working closely with our automotive industry will need, while future technology actually will ("Detroit") to continue to improve current develop to store it. These are big "ifs". vehicular technology in-use to meet higher MPGs. Reasoned analysis suggests that even if such I'lie Bad News is that our urban centers and limitations for renewable energy sources are accompanying vehicle ownership are growing far solved, in part or in whole, estimates for faster than emissions technology can pace. overhauling the country's electric grid and energy infrastructure for new energies are rounded in the tens o Muir ii%illll��„1�uir�p�,USD.6z6364 So, alternative energy 49 EPA: 2015 (update) NAAQS for Ozone, Ground-level 56 MIT Sloan School of Management, The Real Barriers to Ozone Pollution, Ww y.p�ow. Electric Vehicle Adoption,August 2017. so EPA: Fact Sheet - Overview of EPA's Updates to Air 57 MediaVillage, Five Reasons Why Electric Car Sales Fail at Quality Standards for Ground-level Ozone,www.epa.gov. the Dealer Level,June 2019. 51 National Association of Home Builders(NAHB),Cities Still 58 Forbes, Prediction: Auto Industry Headed for Financial Miss the Mark on Ozone Standards, September 2015. Pile-up as EV Sales Disappoint,June 2018. 52 EPA: National Vehicle and Fuel Emissions Laboratory 59 Edmonds, ww e d-mc nds.corn. (NVFEL), www.epa.gov. 60 National Renewable Energy Laboratory (NREL), 53 EPA: Environmental Ratings on the Label, Vehicle wwvaw.nrl.gov. Emissions,ww 6L.PJN QY- 61 Glenn H and Ost I, ww.oick-mv-solar.com; Herron D, 54 EPA: Office of Transportation and Air Quality (OTAQ) / vww.gre_entranyortatlon„unfo. National Vehicle and Fuel Emissions Laboratory NVFEL), 62 The Republican Study Committee, A Greedy New Steel, University of Michigan,wwwAsa.umich.p ti. February 2019. 55 US Department of Transportation, Federal Highway 63 The University of Texas at Austin Energy Institute. Administration (FHWA), www.fwha.gov. 64 Stanford University, School of Earth, Energy & Environment. 708 sources are proving more difficult to scale, ,stare The global trend to reduce pollution and energy or even.afford than expected. 6s 66 consumption is a most critical cause, but poses unquestionable challenges (as highlighted), as For now, GHG emissions from an EV are 50% numerous as they are complex for governments higher than the improving fuel economy ICVs.67 and industry. How we adapt products, services, So, the need for more commercially practicable and governance to play a scalable role in reducing solutions today, tomorrow, and perhaps for a lot pollution and energy consumption and our longer for vehicular emissions management are associated carbon footprint is key. These presenting themselves. questions are becoming more urgent as legislative and environmental guidelines drive us towards In PTI's on-gong discussions with the Federal more efficient energy usage, including and Highway Administration's (FHWA) especially for on-road concentrations.68 Environment, Air Quality, and Realty Team (which oversees CMAQ), improvements in In considering the response and beyond the existing transportation systems remain the highest immense economic costs, one must also consider priority and are consistent with the EPA's NVFEL consumer expectations. While most consumers view. are aware of the balance between the cost and environmental benefits of reduced energy Any technology which promotes reduced CO2e consumption, many may be reluctant to accept from vehicles, including photocatalytic roads, is energy-reducing products that compromise other viewed as a de facto improvement or acceleration criteria e.g., product or behavior choice or even in vehicular MPG efficiency towards meeting aesthetics. Corporate Average Fuel Economy (CAFE) 26 standards (Figure . ). 3.4 Surface Chemistries & Catalytic Pollution Figure 3.4 Vehicle MPG vs CO2e Removal Syst The photocatalytic effect of Ti02 applied to pavements and other structures can remove G������!���� � pollutants from the air, so that so-called ', GHG "photocatalytic pavements" can be installed for 'ma: CAFE l^978-20,11,E GHG 01 -2�a p two primary applications - air pollutant removal so noand heat management. And critically - without co,dn'i ,� ` '°° significant cost nor change to transportation � infrastructure or effect on consumer choice or XW >o =� 2w behavior. 20 ,� WO Several approaches utilizing photocatalysis have so been studied as methods for successfully 0 counteracting noxious emissions. 1975 19M 199E 1990 1995 2000 2005 2010 2915 2020 2025 l� Source!EPA!National Vehicle and Fuel Emission Laboratory 65 Finkler T and Hannon K, Renewable Energy:Status and 67 Tsinghua University,Applied Energy(Journal), May 2018. Struggles,Stanford University. 68 U.S. Department of Transportation, National Highway 66 The Wharton School, University of Pennsylvania,Can the Traffic Safety Administration (NHTSA)! Corporate Average World Run on Renewable Energy?,April 2015. Fuel Economy(CAFE)standards,www.nhtsa.gov. 709 Photocatalysis or PCO is the acceleration of a excitation,69 70 forming an electrochemical energy photoreaction in the presence of a semiconductor. field (ECF) (Drawing 3.5). When the catalyst is activated by ultraviolet (UV) light with wavelengths less than 380nm, hydroxyl radicals and superoxide are created via band gap Drawing 3.5 Ti02 Based Photocatalysis—Band Gap Excitation o vyr rr/ r f... I IWRJM;MI'I� r lil.l m 44 p I i rl Vi, ll�llli Source:Journal of Materiomics The ECF naturally and efficiently decomposes Ti02 also promotes super-hydrophilic transient molecules traveling near or through the (i.e., water-desorbing) as well as solar- 27 field, including primary 03 precursors such as reflectivity (SR) advantages to building NOX and VOCs as discussed. So, commercial materials photocatalyst grade Ti02 <l µm (micron) is Ti02 hence promotes numerous advantages useful widely used as a photocatalyst material for several to science and engineering including de-polluting; reasons, including as an effective pollution self-cleaning; light-remitting; and heat reducing remediate: properties. • Ti02 fulfills the requirements for effective photo-activity under the solar irradiance 3.5 Solar Reflective Properties of Ti02 levels experienced on Earth The growth in urbanization and changing land use • coupled with ever rising vehicular emissions Phot.oreact�ve 102 �s chemically inert' intensifies the UHI effects in cities. physically stable; non.-toxic; none .exhaustive, economical-, and widely The heat-build exaggerates heat-related stresses (commercially) available such as 03 levels and accompanying disease in • Ti02 has Strong,, oxidizing strength, in humans. And though UHI intensity depends on particular at the ambient conditions near many factors including wind speed, direction, and the Earth surface given that Ti02`S wide solar flux, the thermodynamic properties of band gap (minimum energy required to surface materials can greatly exaggerate the excite and mobilize electrons) 71 in the temperature profiles at the local scale. solid state enables it to be very efficient in the UV range of the light spectrum 69 Zollinger DG and Joshaghani A, Laboratory Investigation 71 The electronic band structure of solids refers to the of the Effect of Ti02,September 2018. energy difference(in electron volts)between the top of the 70 Binas V, et al., Modified Ti02 Based Photocatalysts for valence band and the bottom of the conduction band in Improved Air and Health Quality, Journal of Materiomics, insulators and semiconductors. November 2016. 710 In the southeastern U.S. alone, data indicates the (creates stagnant air) in urban environments, "hot season" now lasts one to three weeks longer further deteriorating local air quality. So, UHI than 30 years ago, exaggerating UHI. 72 Heat- intensity itself, is highly correlated to air pollution builds modify the atmospheric boundary layer levels.73 (ABL), impacting air flow and mixing height Drawing 3.6 How the Heat Island Effect Occurs w� �e� mm3arttt ire Temperature Teftweratum ftrease goes down �HWI*M III sio c atu� Mase Ternmatum 5 �IVIII Ak 1, 28 Source:Green Ribbon Toronto Pollution-induced climate change is a circular Reduced water quality also is a factor from UHI. problem and comes with other direct and indirect The extremely high temperatures of pavement environmental, ecological and health impacts structures, especially asphalt, can measurably included in the growing phenomena now just increase the temperature of stormwater runoff, universally described as the Urban Heat Island escalating additional ecological and health effect (Drawing 3.6). concerns as these warmer waters drain into sewers and eventually into lakes, rivers, ponds, and When humans are exposed to extreme or streams etc. prolonged heat, many of the crippling and even deadly diseases aforementioned are exacerbated. UHI and climate change interact in many critical Low-income populations and the elderly are and circulative ways: particularly vulnerable. The EPA has estimated Increased Energy Demand that for every 1.5°F rise in temperatures, net demand for electricity used for cooling/heating 0 Increased Air Pollution and Gas would increase by as much 5%or more,impacting Emissions consumer behavior and even severely limiting 0 Deduced ➢[lumrman Health and their choices between other essentials for living.74 Comfort Poor Water Quality and Ecology 72 Florida State University, Florida Climate Center, 73 Swamy G, et al., Urban Heat Island (UHI) Influence on www.climatecenter.fsu.edu. Secondary Pollutant Formation in a Tropical Humid Environment,wv°wmapwfµrawe. 74 EPA:Climate Change and Heat Islands, www.epa.gov. 711 In general, white surfaces will reflect as much as An SRI of 5 at 72°F would register a surface 75% of solar energy (strong hiding power)75 and temperature of the asphalt at 140°F over 8 hours stay relatively cool, while black surfaces will of solar irradiation, according to HIRP testing. absorb as much as 90% and will get extremely And each 10 SRI would reduce the pavement's hot, of course.76 temperature by 7°F to 100F.80 Conventional paving materials can reach peak Research has shown that the impact from summertime temperatures of 150°F 81 or more, improving the solar reflectance of urban transferring excess heat to the air above them and infrastructure on UHI can range as high 100 tons heating stormwater as it runs off the pavement CO2e per lane mile per year of pavement and a into waterways, effecting watershed ecology. global adoption of both cool roofs and pavements could lead to a potential offset of over 40 gigatons Pavements in urban centers can be as much as CO2e annually.77 78 79 50% of land cover in major cities.82 As such, pavements are a critical element in environmental Drawing 3.7 Pavement Reflectivity and Time planning and UHI mitigation consideration. Figure 3.8 Heat Shortens Pavement Life 10 15 // � I �0�i0V�VaNuouWoouauu �- � 29 � Ilff IIII�� I is 20, aril io 1 s a t0, � . 40 0 NIYA4�VIUWpWMN,9W�J14W'IO'4WpWdNW'W,9WNNWr,4fIdlNID)WYY,vpgf1 VN"NM,49 A lWilOfW,"NWWI!fP,4:Vp MW'eA9pWfN.N Source:EPA:Heat Island Reduction Program(HIRP) Asphalt is a particularly good target. New asphalt, according to the EPA Heat Island Reduction Source:EPA:Heat Island Reduction Program(HIRP) Program (HIRP), has an SRI of 5 which slowly rises with age, but remains very heat-absorbing Further, asphalt binder begins to photodegrade at throughout its life cycle (Drawing 3.7). 120°F,83 with exponential damage as the temperature rises. Studies have shown that even modest improvement in asphalt temeperature can 75 Polymers, Light and the Science of Ti02, DuPont TM Ti- 79 Clin Y, Urban Canyon Albedo and Its Implication on the Pure® Titanium Dioxide, DowDuPont, , ww„tea Use of Reflective Cool Pavements, Energy and Buildings, dupont.com. 2015. 76 80 EPA HIRP, Cool Fixes for Hot Cities. BASF SE wwv�.d8s�aersoons-Iprments. a5f cona. 77 Zhous a, et al., Enhanced Solar Reflectance of Thermal 81 EPA HIRP: Using Cool Pavements. Coatings through Inorganic Additives; City University of 82 Lawrence Berkeley National Laboratory, Cool Hong Kong; Massachusetts Institute of Technology, Hong Pavements, www„lieatisl'and.lbbi.,gov. Kong/Boston,2016. S3 Hossain K and Karakas AS, Effect of Ultraviolet Aging on 78 Xu X,et al.,The Impacts of Surface Albedo on Climate and Rheological Properties of Asphalt Cement, Memorial Building Energy Consumption: Review and Comparative University of Newfoundland and University of Illinois, and Comparative Analysis, Transportation Research Board Urbana-Champaign,June 2018. (TRB), 2016. 712 materially extend the service life of the asset Figure 3.10 Reflectance (%) - Untreated (Figure 3.8).84 Cooler pavements can be created with existing � paving technologies including newer approaches such as the use of coatings or spray applied penetrants with SRI reducing materials to create pavements with strong light scattering efficiency. For example, chemical giant BASF extensively # has tested paint pigments for their solar i 1 reflectance properties, in large part, to improve e� weatherability (UV protection). As a result, i BASF has developed paint additives, utilizing photocatalyst TiO2, it markets as "paint it cool!" pigments for solar heat management in paints; DuPont similarly. Source:BASF SE Figure 3.9 Solar Reflectance (%) -Treated For the control (Figure 3.10), BASF tested black pigment against both color surfaces, which indicated only 5% reflectance, consistent with EPA HIRP testing. But, the TiO2 added to the black substrate (back 30 to Figure 3.9) showed remarkable results with roughly 75% reflectance in the UVA spectrum or much higher (14x) than the control all the way through the visible spectrum(ranging 60%to 70% reflectance).85 Figure 3.11 Heat-Build vs Pigment Color Source:BASF SE BASF researchers tested TiO2 presented in both white and black substrates (Figure 3.9). When TI02 was added to a white substrate, the surface indicated roughly 90% reflectance from the UVA spectrum (315 to 400 nm in wavelength) all the way past visible light (400 to 700 nm) and even . 1 into infrared. Source:BASF SE 84 EPA HIRP: Using Cool Pavements. 85 BASF SE„ 713 BASF scientists also tested UHI style heat build- Our interviews with the EPA's HIRP staff up against multiple pigments and Ti02. As indicate strong interest in and base knowledge of indicated (Figure .11), the heat-build in black photocatalytic pavement solutions. pigment was materially more than the highly reflective Ti02. The black pigment, with just 5% HIRP is especially interested in solutions for reflectivity, accumulated more than twice the asphalts that do not impugn asphalt recyclability heat-build of the Ti02 enhanced pigment. (sustainability) as most prevailing UHI mitigation strategies (e.g., "white pavements") and common Over half of the solar energy experienced at the pavement preservation materials alike risk Earth's surface falls within the UV and visible because they are adsorbed and themselves light spectrum.86 So,these results give one a clear unsustainable. idea of how a Ti02-bearing pavement would perform to reduce radiative forcing (RF) 87 in the Photocatalytic pavement solutions for asphalt ambient environment. such as PTI's A.R.A.-1 Ti offer great promise in this regard because the penetrant replaces exact What can be learned from BASF's testing can be chemicals (true conservation) lost to UHI and the applied to Ti02-bearing pavements: solution is translucent and fully absorbed into the substrate. This preserves full recyclability of the Nanoparticle Ti02 has high light refraction asphalt while delivering the advantaged solar properties,88 improving a pavement's ability to reflectance properties from the photocatalyst diffuse thermal loading and to lower emissivity. material imbedded. 31 Understanding heat management can play a The American Society for Testing Materials _............. significant role in both ecology and pavement life- (ASTM) has formed a `cool construction cycle assessment, which impacts the evaluation materials' subcommittee in recent years to and appraisal for pavements on the environment develop standard practices for measuring, rating, through materials, construction, use, and labeling cool construction materials. maintenance, and end-of-life phases. The subcommittee also undertook the UHI specifically can play a crucial role in the use- development of a standard practice for calculating phase of pavement LCAs and hence can become an SRI for horizontal and low-sloped surfaces a major tool in a community's ability to reduce its (like a road), 90 which now can and should be carbon footprint without disrupting infrastructure applied to road construction 'best cces'. and resident utility.89 3.6 Pavement Preservation and GHG Yet, cool pavement technologies are not as Mitigation required (adopted) by agencies as other heat Asphalt remains the most durable and efficient island mitigation strategies (e.g., roofs) and there material for roadway construction, dating back to is no official standard or labeling program to the Romans and earlier. More than 90% of our designate cool paving materials in highway roadways are built with asphalt.91 The construction practices per se. But one can project manufacturing of asphalts and construction of as much is coming. asphalt roads,however, have a meaningful impact 86 Solar Radiation and the Earth's Energy Balance, EESC 89 Killingsworth B,et al.,Concrete's Role in Reducing Urban Lectures Columbia University, 2007. Heat Islands, Concrete Sustainability Report,July 2014. 87 Radiative Forcing(RF)or Climate Forcing is the difference 90 ASTM E1980-11 Standard Practice for Calculating Solar between insolation absorbed by the Earth and energy Reflectance Index of Horizontal and Low-Sloped Opaque radiated back into space. Surfaces. ss DowDuPont,w,m;ww dow dgppont com. 91 Asphalt Institute, www.a�Oh ltrnslpt�at6�.�mg. 714 on the environment, energy use and GHG Beyond the enormous carbon footprint savings, emissions. the significant cost differential for preservation techniques over rebuilds provides returns on Pavement reconstruction and most forms of investment(ROI) typically exceeding 250%.94 rehabilitation consume significant amounts of energy. From the negative RF in obtaining and One study conducted by Rutgers University 95 processing raw materials, to mixing, transporting, compared initial International Roughness Index and finally paving(applying), the global warming (IRI),fuel consumption 96 and application year for potential (GWP) of building and maintaining pavement preservation implementation (Figure roads is of considerable importance to sustainable 3.13). The results indicated that early pavement urban planning and maintenance (Figure 3.12). preservation can have a materially positive impact on CO2e reductions.97 Employing pavement preservation requires significantly less energy than in part or whole Figure 3.13 Pavement Preservation Impact rebuild, of course. Fog sealing, which includes on CON Reduction molecular replacement strategies such as MRT, uses the least amount of energy per year of � „ extended pavement life at as little as 250 � 0.32 BTU/yd�-yr (0.4 MJ/m'-yr).92 y - « � �. a 11u- .o n 10 °.30 1Rlm . wkm „ •-Ml-1.2 wm�l Figure 3.12 CO2e Emission by Asphalt � 0.28 "` `w ' UU-1.3 whin Pavement InPut 0.26� .... ��_ y IRI= 1.4 BVIM 32 �e � , 0.24 „w..... ,e. 1 0.2 2 a e a io la AppNoWn Thm(3w) Y ' Source:Rutgers University The implication for proactive early and recurring pavement preservation strategies clearly support significant GHG mitigation against multiple �OM�Mr� M�NM �W!M*NwrypNawMar+w IfIFTr�w��n �LANy points of fossil fuel consumption causally related to our critical city infrastructure, including Source:Colas Group SA roadways. Compare that to the energy consumption of a 3.7 Deterioration of Asphalt Pavements Due to pavement rebuild consuming as much as 1.5 Manufacturing and Environmental Factors million BTUs or 200 MJ/m2-yr 93 or roughly 500x Asphalt pavements are vulnerable to many the CO2e of pavement preservation strategies. factors, thermal loading (excess heat) being the 92 Chehovits J and Galehouse L, Energy Usage and 95 Wang H, AI-Saadi I, et al., Quantifying Greenhouse Gas Greenhouse Gas Emissions of Pavement Preservation Emission of Asphalt Pavement Preservation at Construction Processes for Asphalt Pavements, Transportation Research and Use Stages using Life-Cycle Assessment, International Board, 2010. Journal of Sustainable Transportation,January 2019. 93 Chaignon F, Pavement Preservation: What About Energy 96 EPA: Motor Vehicle Emission Simulator (MOVES) and and GHG,Colas Group SA. other Mobile Source Emission Models www.eamgomve 94 For Pavement Preservation (W), www.fp2.org. 97 Wang H,AI-Saadi I,et al„ 715 most damaging.98 As noted, conventional paving failure of asphalt pavements and premature materials can reach peak summertime rebuild needs.104 temperatures exceeding 150°F.99 And asphalt binder begins to photodegrade (oxidizes) at A proven remedy for restoring damaged or aged 120°17,100 with exponential damage as the asphalt binder to proper performance properties is temperature rises. to chemically replace the maltenes lost during manufacturing and in-service weathering through Excessive heat required during manufacturing, maltene replacement therapy. MRT, effectively, typically 300°F to 350°F 101 or higher,is especially establishes a molecular "second curve" to the destructive, which leads to the volatilization or LCAs of asphalt pavements. rapid loss of critical molecular components of asphalt binder that are responsible for durability Figure 3.14 Maltee Rejuvenator Study: and ductility (plasticity). These are commonly Seven Year Oxidation Rate Curves i and scientifically referred to as "maltene Charleston County ( C)los fractions". (in poises) 106 As much as a third of maltene molecular content 175000 .... .. may be lost during asphalt production,102 leaving Treated w/ asphalts prematurely aged by the impaired binder. w MRT 33 Maltenes are the "media" that enable asphalt 125000 . rested binder to impart flexibility, fluidity, and adhesion properties to paved roads. They are largely responsible for the resilience of asphalts to 75000 withstand considerable environmental and traffic stresses. Asphalts with depleted binder chemistry become Year 1 Year 4 Year 5 Year 7 embrittled, leading to cracking and raveling stress and accelerated repair and rebuild demands. In-service, heat continues its extortionate role in Source:Pavement Technology,Inc.;APART depleting maltene content in asphalt binder due to (Figure .1 ) is an abstract from amulti-year the oxidative effect of irradiation (UHI), as study on asphalt pavements in Charleston County asphalts are highly solar energy absorptive. In combination, volatilization and UHI stress are the (SC) treated with Reclamite , a petroleum primary factors responsible for binder-centric maltene-based rejuvenator. 98 Alkaissi ZA, Effect of High Temperature and Traffic 102 U.S. Department of Transportation, Federal Highway Loading on Rutting Performance of Flexible Pavement, Administration, Superpave Asphalt Mixture Design Journal of King Saud University-Engineering Sciences,April Workshop, Version 8.0, Updated January 2002 2018. wwwjhwa.dot, ors. 99 EPA Heat Island Reduction Program (HIRP): Using Cool 103 EPA Heat Island Reduction Program (HIRP), Cool Fixes Pavements to Reduce Heat Islands,www.epa.gov. for Hot Cities Part 2:Los Angeles,September 2002. 100 Hossain K and Karakas AS,Effect of Ultraviolet Aging on 104 Lolly R,Evaluation of Short Term Aging Effect of Hot Mix Rheologica/ Properties of Asphalt Cement, Memorial Asphalt Due to Elevated Temperatures and Extended Aging University of Newfoundland and University of Illinois, Time,Arizona State University, May 2013. Urbana-Champaign,June 2018. 105 Reclamite® is a trademark of Ergon, Inc. 101 Texas Asphalt Pavement Association, 106 The poise (symbol P) is the unit of dynamic w ww.texasa r haft viscosity(absolute viscosity) in the centimeter-gram- second system of units. 716 The maltene rejuvenator not only was able to of meteorological variables, including but not reduce the initial viscosity(improve resilience) of limited to—temperature; air speed; humidity; the pavement (by over 50%), it effectively reset atmospheric pressure; precipitation; and air the oxidation curve for the pavement over the composition contamination related to testing area following seven years, dramatically extending the configuration and scale limitations. Roadway LCA of the pavement. "breathing zone" analysis also includes traffic variables, of course. MRT has been widely tested over the past half century with consistent excellent results. The The EPA sets strict standards for such method employs delivering an emulsified measurement and guides industry on accepted penetrating compound consisting of a near-pure methods and procedures, including equipment maltene rich petroleum resin, a compatible under the Federal Reference Method (FRM) surfactant, and water directly into the roadway and administered by the EPA's Ambient surface. Monitoring 'Technology Information Center (A.M'TIC).107 The surfactant and water help deliver the fresh maltene fractions ratably and deeply into wearing- Equipment that are "designated" or meet the course depth. The result is a revitalized or requirements are prohibitively expensive, with "rejuvenated" asphalt binder which can be tested set-ups ranging in the hundreds of thousands for measurably and sustainably improved USD. And the EPA stated protocol calls for rheology, as the Charleston data proves. multiple FRM level equipment used in any testing for redundancy and consistency. MRT has shown, with repeat treatments every 34 three to five years, to extend the life cycle of The EPA "reference" requirements are supported ............... asphalt pavements by two-fold and at a fraction of by the Agency's computerized simulation the cumulative cost of repaving,reducing reliance (regression) modeling, referred to as the .Air on petroleum feedstocks and cutting energy, Pl lkita nts i posiiu.lre N11odel ( P:I,X).10s So, the maintenance and replacement costs. EPA combines advanced field monitoring with very sophisticated data-driven simulation MRT is the asphalt pavement preservation base software to predict human exposure risks to found in PTI's A.R.A.4 Ti 0. anthropogenic pollution. Combining a proven pavement LCA extending Additionally, the EPA believes near-road technology with a photocatalytic enhancement concentrations of pollutants can be 2-3 times has shown great results and synergies beneficial higher than measured at nearby area-wide to multiple level COze reductions for pavement monitors,109 as previously noted, making infrastructures. "breathing zone" identification critical in estimating human exposure to mobile-sourced 3.8 Road-Level Air Quality Reference Testing criteria toxins such as NO, There are key unknown relationships between Conforming to air quality monitoring and human NOX, the soluble nitrates (HNO3) that result from hazard measurement under FRM is logistically PCO and variant atmospheric conditions. difficult and economically infeasible in most circumstances, while non-conforming testing Capturing and measuring ambient air quality in creates an unavoidable data "reference gap". real-time is very difficult owing to the multitude 107 EPA: Air Quality Methods — Criteria Pollutants, 109 EPA:Near Roadway Air Pollution and Health,Frequently www.epa.gov. Asked Questions,www.epa.Rov. 108 EPA: Human Exposure Modeling — Air Pollutants Exposure Model, www.epa.gov. 717 The gap potentially could be mitigated through * Step 1: Establish the NOx - Nitrate additional near-field PCO testing to promote Exchange Rates for Fixed NO, Levels correlative significance to non-reference air . Step 2: Establish the NOx - Nitrate quality data collected. And this is among the on- going research initiatives with TTI, including Exchange Rates for Variable NOx potentially advancing future performance Levels specifications for photocatalyst pavements. Step : Large-Scale Sample Testing to Validate Findings from 1 and 2 Drawing 3.15 Photocatalytic Disproportionation of Nitrite Gas (NO2) into The effectiveness of photocatalytic conversion on Nitrate (NO3) treated asphalt and concrete specimens can be tested with respect to a variation of NO,, gas concentration by varying the air flow stream the gas is moving in. And against variant atmospheric conditions. In the field, NO, reductions can be measured indirectly based on either quantifying nitrate levels observed directly throughout the testing area or by comparing the dielectric constant NO ` across the treated surfaces to nitrate levels M011 � � observed in the laboratory on extracted cores, to �y�N 35 determine nitrate evaporation rate and nitrate concentrations in the field. Source:ltoyai Society of Chemistry One approach to promote better field data efficacy These testing procedures could provide rapid methods for determining NOx reduction is to establish a verifiable NOx—nitrate exchange efficiency against the established NNE, which rate ("nitrite-nitrate exchange indexing") in then could be compared to experimental (non order to ensure more dependable field monitoring FRM) air quality monitoring for correlations. of pollution reduction sites using non-conforming sources (Drawing .15). 110 111 Both then would be compared against the The relationships primarily relate to the efficiency established baseline verification 112 to draw an of the NOx - nitrate exchange rates under varying empirical relationship between PCO testing with a high degree of accuracy with those increasingly pollution exposure levels and air masses and more developmental at scale. This would be the movement. The objective of establishing such base pollution capture relationship used to relationships would be to ascertain how field develop a full-scale econometric model, to instrumentation would need to be properly include other traffic and weather variables, for configured in order effectively monitor and exceptionally reliable ME pollution removal characterize the effect of the NOx - nitrate efficiency predictability. exchange process under PCO. The Qdori under such a protocol would be: 110 Hassan M and Dylla HL et al., Durability and Titanium Dioxide, Journal of Separation Science, August Performance of Titanium Dioxide in Photocatalytic 2018. Pavements. 112 Japanese Industrial Standard (JIS) TR Z 0018 111 Wang L and Wang Q, Selective Determination of Photocatalytic Materials—Air Purification Test Procedure. Nitrite/Nitrate Based on Photo-induced Redox Activity of 718 3.9 The Road of the Future is Ready In short, human achievement, for all it is great benefits,is overwhelming MotherNature's ability to self-clean our planet. This is not debatable. Photocatalysis is a natural solution, using the immense energy of the Sun, which helps accelerate inherent, organic mechanisms for managing rising GHG inventories effecting ground-level pollution and exaggerating the impacts of heat islands and climate change. The technology is available today and it is both scalable and economical. 36 719 Real Science ., Real Results, 37 it ......................... .......... www.SmociEat 1 t f -- i 720 A a R ,o A 8 ,- 1Ti ° Safety Data Sheets SAFETY DATA SHEET 1. Identification Product identifier A.R.A.-1 Ti® Other means of identification Not available Recommended use Dust control emulsion Recommended restrictions Follow the manufacturer's instructions. Manufacturer/Importer/Supplier/Distributor information Manufacturer Manufacturer: D&D Emulsions,Inc. Address: 270 Park Avenue East P.O.Box 1706 Mansfield,OH 44901 24-Hour Telephone Number: CHEMITREC: 1-800-424-9300(USA and Canada) CCN794154 2. Hazard(s) identification Physical hazards Not classified Health hazards Carcinogenicity Category 113 Environmental hazards Not classified OSHA defined hazards Not classified Label elements Signal word Danger Hazard statement May cause cancer. Prevention Obtain special instructions before use.Wear protective gloves/protective clothing/eye protection/face protection, Do not handle until all safety precautions have been read and understood. Response IF SWALLOWED:Immediately call a POISON CENTER or doctor/physician.Do NOT induce vomiting.IF exposed or concerned:Get medical advice/attention. Storage Store in accordance with international regulations.Store locked up. Disposal Dispose of contents/container in accordance with local/regional/national/international regulations. Hazard(s)not otherwise None known classified(HNOC) Supplemental information Not applicable 3. Composition/information on ingredients Mixtures Chemical name Common name and synonyms CAS number `Yo EXTRACTS(PETROLEUM),HEAVY 64742-11-6 60-65 NAPHTHENIC DISTILLATE SOLVENT WATER 7732-18-5 35-40 PROPRIETARY INGREDIENTS N/A <5 4. First-aid measures Inhalation Move to fresh air.Call a physician if symptoms develop or persist. Skin contact Wash off with soap and water.Get medical attention if irritation develops and persists. Eye contact Rinse with water.Get medical attention if irritation develops and persists. Ingestion Rinse mouth.Do not induce vomiting without advise from poison control center.If vomiting occurs,keep head low so that stomach content doesn't get into the lungs. Material name:A.R.A.-1 Ti° SIDS US 722 5516 Version p:01 Issue date:09/O1/2017 1/6 Most important Direct contact with eyes may cause temporary irritation. symptoms/effects,acute and delayed Indication of immediate Treat symptomatically,. medical attention and special treatment needed General information Ensure that medical personnel are aware of the material(s)involved,and take precautions to protect themselves. 5. Fire-fighting measures Suitable extinguishing media Water fog.Foam. Dry chemical powder.Dry chemicals.Carbon dioxide(CO2). Unsuitable extinguishing media Do not use water jet as an extinguisher,as this will spread the fire. Specific hazards arising from During fire,gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire. and precautions for firefighters Fire-fighting Cool containers exposed to heat with water spray and remove container,if no risk is involved. equipment/instructions Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. 6. Accidental release measures Personal precautions, Keep unnecessary personnel away.For personal protection,see section 8 of the SDS. protective equipment and emergency procedures Methods and materials for Large Spills:Stop the flow of material,if this is without risk.Dike the spilled material,where this is possible.Cover containment and cleaning up with plastic sheet to prevent spreading.Absorb in vermiculite,dry sand or earth and place into containers.Following product recovery,flush area with water. Small Spills:Wipe up with absorbent material(e.g.cloth,fleece).Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re-use.For waste disposal,see section 13 of the SDS. Environmental precautions Avoid discharge into drains,water sources or onto the ground. 7. Handling and storage Precautions for safe handling Avoid prolonged or repeated contact with skin.Avoid prolonged exposure.Use only in well-ventilated areas. Conditions for safe storage, Keep away from heat and sources of ignition.Store in original tightly closed container. Store away from incompatible including any incompatibilities materials(see section 10 of the SDS). 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CRF 1910.1000) Components Type Value Form EXTRACTS(PETROLEUM), PEL 5 mg/m3 Mist. HEAVY NAPHTHENIC DISTILLATE SOLVENT(CAS 64742-11-6) US.NIOSH:Pocket Guide to Chemical Hazards Components Type Value Form EXTRACTS(PETROLEUM), STEL 10 mg/m3 Mist. HEAVY NAPHTHENIC DISTILLATE SOLVENT(CAS 64742-11-6) TWA 5 mg/m3 Mist. Biological limit values No biological exposure limits noted for the ingredient(s). Material name:A.R.A.-1 Ti' SDS US 723 5516 Version 9:01 Issue date:09/01/2017 2/6 Appropriate engineering Good general ventilation(typically 10 air changes per hour)should be used.Ventilation rates should be matched to conditions. controls If applicable,use process enclosures,local exhaust ventilation,or other engineering controls to maintain airborne levels below recommended exposure limits.If exposure limits have not been established,maintain airborne levels to an acceptable level. Individual protection measures,such as personal protective equipment Eye/face protection Wear safety glasses with side shields(or goggles). Hand protection Wear protective gloves. Skin protection Other Wear appropriate chemical resistant clothing. Respiratory protection Not available Thermal hazards Wear appropriate thermal protective clothing,when necessary. General hygiene Always observe good personal hygiene measures,such as washing after handling the material and before eating,drinking, considerations and/or smoking.Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Opaque Liquid Physical state Liquid Form Liquid Color Yellow Odor Mild Odor Odor threshold Not available PH 4.5—7.2 Melting point/freezing point Not available Initial boiling point and >212°F(>100°C)estimated boiling range Flash point Not available Evaporation rate <1 Flammability(solid,gas) Not available Upper/lower flammability or explosive limits Flammability limit—lower Not available (%) Flammability limit- Not available upper(%) Explosive limit—lower Not available M Explosive limit—upper Not available Vapor pressure Not available Vapor density Not available Relative density 1 g/cm3 Solubility(ies) Solubility(water) Readily Dispersible Partition coefficient Not available (n-octanol/water) Auto-ignition temperature 5007(260°C)estimated Decomposition temperature Not available Viscosity Not available Other information Percent volatile 37.5%estimated <2% VOC(Weight%) 2.5%estimated 10. Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use,storage and transport. Chemical stability Material is stable under normal conditions. Material name:A.R.A.-1 Ti® SDS US 724 5516 Version p:01 Issue date:09/01/2017 3/6 Possibility of hazardous reactions No dangerous reaction known under conditions of normal use. Conditions to avoid Avoid temperatures exceeding the flash point.Contact with incompatible materials. Incompatible materials Strong oxidizing agents. Hazardous decomposition products No hazardous decomposition products are known. 11. Toxicological information Information on likely routes of exposure Ingestion Expected to be a low ingestion hazard. Inhalation Prolonged inhalation may be harmful. Skin contact No adverse effects due to skin contact are expected. Eye contact Direct contact with eyes may cause temporary irritation. Symptoms related to the physical, Direct contact with eyes may cause temporary irritation. chemical and toxicological characteristics Information on toxicological effects Acute toxicity Not available Skin corrosion/irritation Prolonged skin contact may cause temporary irritation. Serious eye damage/eye irritation Direct contact with eyes may cause temporary irritation. Respiratory or skin sensitization Respiratory sensitization Not available Skin sensitization This product is not expected to cause skin sensitization. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1%are mutagenic or genotoxic. Carcinogenicity Contains a substance/a group of substances which may cause cancer.Contains polycyclic aromatic compounds(PACs).Prolonged and/or repeated skin contact with certain PACs has been shown to cause skin cancer.Prolonged and/or repeated exposures by inhalation of certain PACs may also cause cancer of the lung and of other sites of the body. US.OSHA Specifically Regulated Substances(29 CRF 1910.1001-1050) Not Listed Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ toxicity Not classified - single exposure Specific target organ toxicity Not classified - repeated exposure Aspiration hazard Not available Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous.However,this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available Mobility in soil No data available Other adverse effects No other adverse environmental effects(e.g,ozone depletion,photochemical ozone creation potential,endocrine disruption,global warming potential)are expected from this component. 13. Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user,the producer and the waste disposal company, Waste from residues/unused products Dispose of in accordance with local regulations.Empty containers or liners may retain some product residues.This material and its container must be disposed of in a safe manner(see:Disposal instructions) Material name:A.R.A.-1 Tim SDS US 5516 Version 0:01 Issue date:09/01/2017 4/6 725 Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal.Since emptied containers may retain product residue,follow label warnings even after container is emptied. 14.Transport information DOT Not regulated as dangerous goods. IATA Not regulated as dangerous goods. IMDG Not regulated as dangerous goods. Transport in bulk according to Not available Annex II of MARPOL 73/78 and the IBC Code 15. Regulatory information US federal regulations All components are on the U.S.EPA TSCA Inventory list. TSCA Section 12(b)Export Notification(40 CRF 707,Subpt.D) Not regulated CERCLA Hazardous Substance List(40 CRF 302.4) Not listed US.OSHA Specifically Regulated Substances(29 CRF 1910.1001-1050) Not listed Superfund Amendments and Reauthorization Act of 1986(SARA) Hazard categories Immediate Hazard—No Delayed Hazard—Yes Fire Hazard—No Pressure Hazard—No Reactivity Hazard—No SARA 302 Extremely hazardous substance Not listed SARA 311/312 No Hazardous chemical SARA 313(TRI reporting) Not regulated Other federal regulations Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPs)list Not regulated Clean Air Act(CAA)Section 112(r)Accidental Release Prevention(40 CRF 68.130) Not regulated Safe Drinking Water Act Not regulated (SDWA) US state regulations WARNING:This product contains a chemical known to the State of California to cause cancer, US.Massachusetts RTK—Substance List EXTRACTS(PETROLEUM),HEAVY NAPHTHENIC DISTILLATE SOLVENT(CAS 64742-11-6) US.New Jersey Worker and Community Right-to-Know Act Not regulated US.Pennsylvania RTK—Hazardous Substances EXTRACTS(PETROLEUM),HEAVY NAPHTHENIC DISTILLATE SOLVENT(CAS 64742-11-6) US.Rhode Island RTK Not regulated US.California Proposition 65 WARNING:This product contains a chemical known to the State of California to cause cancer. Material name:A.R.A.-1 Ti® SIDS US 726 5516 Version#:01 Issue date:09/01/2017 5/6 International Inventories Country(s)or region Inventory name On inventory(yes/no)* Australia Australian Inventory of Chemical Substances(AICS) Yes Canada Domestic Substances List(DSL) Yes Canada Non-Domestic Substances List(NDSL) No China Inventory of Existing Chemical Substances in China(IECSC) Yes Europe European Inventory of Existing Commercial Chemical Substances Yes (EINECS) Europe European List of Notified Chemical Substances(ELINCS) No Japan Inventory of Existing and New Chemical Substances(ENCS) No Korea Existing Chemicals List(ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances(PICCS) Yes United States&Puerto Rico Toxic Substances Control Act(TSCA)Inventory Yes `A"Yes"indicates that all components of this product comply with the inventory requirements administered by the governing country(s) A"No"indicates that one or more components of the product are not listed or exempt from this listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 10-11-2014 Version p 01 Disclaimer The information provided in this Safety Data Sheet is correct to the best of our knowledge, information and belief at the date of its publication.The information given is designed only as a guidance for safe handling,use,processing,storage,transportation,disposal and release and is not to be considered a warranty or quality specification.The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process,unless specified in the text. Material name:A.R.A.-1 Ti® SDS US 5516 Version ff:01 Issue date:09/01/2017 6/6 727 Florida State Certificate State Department of State I certify from the records of this office that PAVEMENT TECHNOLOGY, INC. is an Ohio corporation authorized to transact business in the State of Florida, qualified on November 26, 1986. The document number of this corporation is P12308. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual reporrt/uniform business report was filed on February 21, 2019, and that its status is active., I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee, the Capital, this the Twenty-first day of February, 2019 A�*- - 41 41 U�lllvi� mber:1924710495CC To authenticate this certiticate,visit the following site,enter this number,and then [T-racking ollow the instructions displayed. https://services.sun b iz.orgfFilings/CertificateOfStatus/CertificateAuthen tication 729 ............ /............. On .... .........- . ........... r1l Am/ ........... .......... Wg/- 4E .......... .......... 00- 7111..... .. ..... ",/.........A/ als, f mow", �a mal im /F//// M) ROOM 'l/ iidl om --mm/. ..../3/"//,/,/""/�//-:,- ............ ler 730 Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 .QQRP T Pavement Technology, Inc. I hereby certify that I am the Founder and President of PavementTechnology, Inc., a corporation duly organized and existing under the laws of the State of Ohio; that on this 2nd day of January, 2007, the board of directors of said Corporation authorized and approved the Secretary/Treasurer of said corporation to execute any proposals and contracts for and in behalf of said corporation; that said authority is not contrary to any provision in the articles of incorporation or code of regulations or code of bylaws of said corporation; that said authority has not been rescinded or modified and that Susan J. Durante is the duly elected and acting Secretary/Treasurer of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name on this 2nd day of January, 2007. Ii Durant , esident 731 EXHIBIT "CU (Front-End Documents/Instructions to Bidders) 732 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 1. Defined Terms: The following terms have the meanings indicated which are applicable to both the singular and plural thereof. 1.1 BIDDER: One who submits a Bid directly to CITY, as distinct from a sub-Bidder, who submits a bid to a BIDDER 1.2 CITY REP: City of Plantation, Procurement Agent 1.3 CITY: The City of Plantation, a Florida municipal corporation 1.4 CONTRACTOR: The BIDDER with whom CITY enters into a Contract for the Work. 1.5 The words `proposal" and"bid" for this proposal are considered interchangeable. 2. Copies of Bidding Documents: 2.1 Complete sets of the Solicitation Documents shall be obtained electronically from the Demand Star website https://www.demandstar.com/app/agencies/florida/gily- Qf-plantation-procurement-division/procurement-opi)ortunities/9b6d13fb-3874- 4291-9605-8 1cf633 87a40/ 2.2 Complete sets of Bid Documents shall be used in preparing Bids, neither CITY nor the CITY REP that prepared or assisted in the preparation of the Bid Documents assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 3. Qualifications of Bidders: No bid will be accepted from, nor will any Contract be awarded to, any person or firm who is in arrears to CITY, upon any debt or contract, or who is a defaulter, as surety or otherwise, upon any obligation to said CITY, or who is deemed irresponsible or unreliable by CITY. The CITY shall have no liability to any Successful BIDDER unless and until the CITY executes a contract with such Successful BIDDER. CITY shall also have the right, unless prohibited by law, to meet with one or more BIDDER after bids are opened to ensure that all CITY's expectations with respect to performance can be met and that the requirements and scope of the Contract Work are clearly understood. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 5 733 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 4. Examination of Bid Documents and Site: 4.1 Before submitting a Bid, each BIDDER(s) must (a) examine the Bid Documents thoroughly; (b) visit the site to familiarize themselves with local conditions that may in any manner affect performance, cost, progress or furnishing of the Work as required by the solicitation; (c)familiarize themselves with Federal, State, and local laws, ordinances, Florida Building Code or other applicable construction codes, rules and regulations affecting the performance, cost, progress, or furnishing of the Work; (d) study and carefully correlate their observations with the requirements of Contract Documents, and (e) notify CITY REP of all conflicts, errors or discrepancies in the Contract Documents. 4.2 BIDDERS should also note any references made to the Specifications for identification of those surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance, cost, progress or furnishing of the Work which have been relied upon by CITY REP in preparing the Drawings and Specifications, if any. CITY will make copies of such surveys and reports, which are not bound into these documents, available to any BIDDER requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Bid Documents. 4.3 The submission of a Bid will constitute an incontrovertible representation by the BIDDER that they have complied with every requirement of this Article 4 and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 4.4 Any information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to CITY and CITY REP by owners of such Underground Facilities or others, and neither CITY nor CITY REP assumes responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in SUPPLEMENTARY CONDITIONS. 4.5 SUPPLEMENTARY CONDITIONS, if any, may identify for limited reliance by the CONTRACTOR certain specified technical data. These (as well as other documents) should be reviewed. 4.6 Before submitting a Bid, each BIDDER will, at its own expense, make or obtain any additional examinations,investigations, explorations, surveys,tests and studies and obtain any additional information or data which pertains to the physical conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work and which BIDDER deems necessary to determine their Bid price for performance and furnishing of the Work in accordance with the time, price and other terms and conditions of the Bid Documents. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 6 734 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 4.7 On request in advance, CITY will provide each BIDDER access to the site to conduct explorations and tests as each BIDDER deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.8 The lands upon which the Work is to be performed, and the right-of-ways and easements for access thereto and other lands designated for use in performing the Work are identified in the Bid Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment or construction operations are to be provided by the CONTRACTOR. 5. Interpretations and Addenda: All questions about the meaning or intent of the Bid Documents shall be submitted to CITY REP in writing. Interpretations or clarifications considered necessary by CITY REP in response to such questions will be issued by Addenda and posted to the Demand Star website by CITY'S Procurement Department. Questions received less than ten (10) days prior to the date for opening of Bids will be answered at the option of the CITY. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. In the event of conflict between the Notice to Bidders and the terms written within the Scope of Services and/or Specifications contained within Bid documents, the terms within the Scope of Services and/or Specifications shall control. 6. Subcontractors, Suppliers and Others: 6.1 CITY requires the identity of major Subcontractors working on the project and Suppliers of unique material or products to be submitted to CITY in advance of the Notice of Award the apparent Successful BIDDER. Any other BIDDER requested by City in writing will, within seven (7) calendar days, submit to CITY a list of all Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for portions of this Project. An experience statement shall accompany such list with pertinent information as to similar projects and other evidence of qualifications for each identified Subcontractor, Supplier, person and organization. 6.2 If CITY or CITY REP after due investigation has reasonable objection any proposed Subcontractor, Supplier or other person or organization, may before giving the Notice of Award request the apparent Successful BIDDER to submit an acceptable substitute without an increase in Bid price. If the apparent Successful BIDDER declines to make any such substitution, CITY may award the contract to the next lowest BIDDER whose bid is determined to be the most advantageous to the CITY taking into consideration the evaluation factors and criteria set forth in the INVITATION TO BID or the code if none are provided in the INVITATION ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 7 735 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 TO BID that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations. The BIDDER declining to make requested substitutions would not constitute grounds for sacrificing the Bid Security of any BIDDER. 6.3 No BIDDER shall be required to employ any Subcontractor, other person or organization against whom BIDDER has reasonable objection. 7. Bid Form: 7.1 The Bid Form is included with the Solicitation Documents. 7.2 All blanks on the Bid Forms must be completed in ink or be typed. The bid price of each item on the form must be stated in words and numerals: in case of conflict, words will take precedence. Whiteout of prices or words and numerals on Bid Form is not permitted. 7.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate office accompanied by evidence of authority to sign). The corporate seal must be affixed and attested by the secretary or an assistant secretary or notarized by a licensed Notary together with a corporate Resolution authorizing the submittal of the bid. The corporate address and state of incorporation must be shown below the signature. 7.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 7.5 All names must be typed or printed below the signature. The signer shall date all signatures. 7.6 The Bid shall contain an acknowledgement of receipt of all Addenda(the numbers of which must be filled in on the Bid Form). 7.7 The address and telephone number for communications regarding the Bid must be shown. 8. SUBMISSION OF BIDS: 8.1 Bids shall be submitted before the time and at the place indicated in the Notice to Bidders. 8.2 All Bids will be received electronically via the Demand Star website. Bid Documents may be obtained electronically at: ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 8 736 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 https://www.demandstar.com/app/agencies/florida/city-of plantation- procurement-division/procurement-opportunities/9b6d 13 fb-3 874-4291-9605- 81 cf633 87a40/. Bids will not be considered and cannot be entered online after the above referenced date. 8.3 More than one Bid received for the same work from an individual, firm or partnership, a Corporation or Association under the same or different names will not be considered. Reasonable grounds for believing that any BIDDERS is interested in more than one Bid for the same work will cause the rejection of all such Bids in which the Bidders is interested. If there are reasonable grounds for believing that collusion exists among the BIDDER, the Bids of participants in such collusion will not be considered. 9. Modification and Withdrawal of Bids: 9.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 9.2 If within twenty-four (24) hours after Bids are opened, any BIDDER files a duly signed, written notice with CITY and promptly thereafter demonstrates to the reasonable satisfaction of CITY that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will be returned. Thereafter,that BIDDER will be disqualified from further bidding on the Work to be provided under the Bid Documents. 10. Opening of Bids: Bids will be opened, read and recorded pursuant to State of Florida Law and City of Plantation code. 11. Bids to Remain Subject to Acceptance: 11.1 All bids MAY remain subject to acceptance for ninety (90) days after the day of the Bid opening, but CITY may, in its sole discretion, release any Bid and return any Bid security prior to that date. 11.2 Extension of time when Bids shall remain open beyond the original period may be made only by mutual agreement between CITY, the Successful BIDDER, and the surety, if any, for the Successful BIDDER. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 9 737 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 12. Award of Contract: 12.1 CITY reserves the right to reject any and all Bids, to waive any and all informalities, incompleteness, or irregularities not involving price, time or material changes in the Work, and to negotiate contract terms with the Successful BIDDER, and the right to disregard all nonconforming, nonresponsive, unbalanced, incomplete, irregular, or conditional Bids. Also, CITY reserves the right to reject the Bid of any BIDDER if CITY believes that it would not be in the best interest of the Project to make an award to that BIDDER,whether because the Bid is not responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12.2 CITY may conduct such investigations as CITY deems necessary to assist in the evaluation of any BIDDER and to establish the responsibility, reputation, work load, qualifications and financial ability of BIDDER, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to CITY's satisfaction within the prescribed time. 12.3 The CITY shall not be obligated to any BIDDER to enter into a contract with the BIDDER despite the CITY governing body prospectively awarding the contract to a successful BIDDER. The CITY shall be obligated to any Bidder for the project if and only if the CITY enters into a contract for the project with the Bidder, and further, no action will lie against the CITY to compel CITY to execute any such contract, or to recover from the CITY any damages, costs, lost profits, expenses, etc., that BIDDER may incur if the CITY chooses not to sign such contract. By bidding on this project, all BIDDERS acknowledge and agree that no enforceable contractual relationship arises until the CITY signs the contract, and that no action shall lie to require CITY to sign such contract at any time, and that Bidder waives all claims to damages, lost profits, costs, expenses, etc., as a result of the CITY not signing such contract. 12.4 If the contract is to be awarded, CITY will give the Successful BIDDER a Notice of Award. 12.5 Bid prices will be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages indicated for Substantial Completion for each day after the desired date appearing in Article 19 of this Document. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 10 738 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 13. Taxes: The CONTRACTOR shall pay all applicable sales, consumer, use and other similar taxes required by law. The CONTRACTOR is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 14. Insurance Requirements: All Bond and Insurance requirements are described in a separate document included with this solicitation (if applicable). 15. Equal Employment Opportunity Clause City of Plantation, Florida, in accordance with the provisions of Title VII of the Civil Rights Act of 1964(78 Stat. 252)and the Regulations of the Department of Commerce(15 CFR,Part 8)issued pursuant to such Act, hereby notifies all BIDDERS that it will ensure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit proposals in response to this advertisement and will not be discriminated against on the ground of race, color or national origin in consideration for an award. 16. Regulations Violation of any local, state or federal law in the performance of this Contract shall constitute a material breach of this Contract. 17. Fiscal Non-Funding Clause In the event sufficient funds are not budgeted for a new fiscal period, the CITY shall notify the successful BIDDER of such occurrence and the contract shall terminate on the last day of the current fiscal year without penalty or expense to the CITY. 18. Amendment The awarded BIDDER understands and agrees the contract constitutes the sole and complete understanding between the parties and supersedes all agreements between them, whether oral or written with respect to the subject matter. No amendment, change, or addendum to this Contract is enforceable unless agreed to in writing by both parties and incorporated into the Contract. 19. Assi ng ment The awarded BIDDER shall not assign any interest in this Contract and shall not transfer any interest in same (whether by assignment or novation) without prior written consent of the CITY except that claims for the money due or to become due the awarded BIDDER from the CITY under this Contract may be assigned to a financial institution or to a trustee in Bankruptcy without such ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 11 739 INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 approval from the CITY. Notice of such transfer or assignment due to Bankruptcy shall be promptly given to the CITY. 20. Cone of Silence: Once the Solicitation has been issued, a Cone of Silence will be implemented. At that time communication with the CITY is limited to Deidre Bain, Procurement Agent (email address: DBain(eamlantation.org). During the solicitation advertising, review and evaluation process no person shall make any private or separate delivery of marketing information concerning any BIDDER to any elected officers of the CITY, members of the CITY staff or members of the Evaluation Committee. Cone of Silence shall terminate at the time the CITY makes an award to a BIDDERS(S) that becomes final as a result of no procurement protest being filed or takes other action that ends this solicitation. Any action of a BIDDER in violation of this may be cause for disqualification of the BIDDER. 21. Alternative Products: When bidding on an Alternative Product"or equal,"Bids must be accompanied with all descriptive information necessary for an evaluation of the proposed material or equipment such as the detailed drawings and specifications, certified operation and test data, and experience records. Failure of any bidder to furnish the data necessary to determine whether the product is equivalent, may be cause for rejection of the specific items(s) to which it pertains. All deviations from the specifications must be noted in detail by the BIDDER. Any deviation from the specifications as written and accepted by the CITY may be grounds for rejection of the material and/or equipment when delivered. 22. Equal Product: Manufacturer's brand name and model number are used in these specifications for the purpose of establishing minimum requirement level of quality and standards of performance and design required. This is in no way intended to prohibit the proposing of other manufacturer's items of equal material and function,unless otherwise indicated. Equal(substitution)may be bid,providing the product bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) documenting the equipment bid as equal. The CITY, after evaluation of the documentation submitted, will determine if products is approved as equal to the specified request. END OF DOCUMENT ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 12 740 EXHIBIT "M (Insurance Requirements) 741 INSURANCE REQUIREMENTS Statement Contractors shall not commence any work until they have obtained and satisfied the city's insurance requirements under written contract with the city and such insurance has been approved by the City of Plantation Risk Management Department. Contractors shall not allow any subcontractor to commence work until all insurance requirements have been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in the State of Florida.All insurance companies shall have a Financial Rating of no less than"A-"and Class X respectively, in the latest edition of A.M.Best Rating Guide. The types and amounts of insurance shall not be less than the amounts specified in this agreement. Insurance The required insurance coverage's shall be written in accordance with the hazards and magnitude of the project, but in no circumstances a lesser coverage amount, nor more restrictive than the limits of liability and schedule of hazards described herein. Contractors shall be responsible to purchase and maintain required insurance policies during the term of the contract agreement. If the Contractor fails to procure and maintain such insurance, the City of Plantation shall have the right, but not the obligation, to purchase and maintain said insurance for and in the name of the Contractor, and the Contractor will pay the premium cost thereof and shall furnish all necessary information to the city in order to make effective and maintain such insurance. Additional Insured Certificates of Insurance and insurance policies shall also be endorsed to name the City of Plantation"Additional Insured" on the Commercial General Liability with the following or similar endorsements providing equal or broader Additional Insured coverage, such as the basic CG2026 07 04 Additional Insured--Designated Person or Organization endorsement, or the CG2010 10 01 Additional Insured-Owners Lessees, or Contractors endorsement, or the CG2010 07 04 Owners, Lessees or Contractors endorsement, including the additional endorsement of CG2037 10 0 1-Additional Insured- Owners, Leases have Contractors Operations endorsement. Endorsements shall be required to provide back coverage for the contractors "Your Work" as defined in the insurance policy and liability arising out of the products&completed operations hazard. Commercial General Liability Contractor will agree to maintain Commercial General Liability at a minimum limit of liability not less than $1,000,000 Each Occurrence, and$2,000,000 Annual Aggregate unless the particular contract calls for specific limits of insurance. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. When a self-insured retention(SIR) or deductible exceeds $25,000, the City reserves the right, but not the obligation, to review and request a copy of Contractor's most recent annual report or audited financial statement. Business Automobile Liabilit Contractor will agree to maintain Business Automobile Liability at a limit of liability not less than $1,000,000 Each Occurrence. Coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non-Owned Auto Liability,which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers Coni ensation& Employers Liability The Workers Compensation and Employers' Liability insurance shall be in accordance with Florida State Statutes 440. ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 742 INSURANCE REQUIREMENTS Umbrella Excess Liability If required by contract will be no more restricted than the underlying insurance policies. City of Plantation must be added and endorsed separately as additional insured on umbrella policies. Ira°ofessional Liabilit If required by contract will be a minimum of 1,000,000„ Waiver of Subrogation . The Contractor will agree that each required policy will contain Waivers of Subrogation in favor the City of Plantation. Should an insurance policy condition not permit Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement,then the Contractor will agree to notify the insurer and request the policy be endorsed with a waiver of Transfer of Rights of Recovery against others,or its equivalent.This waiver of subrogation shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement,or voids coverage should contractor enter into such an agreement on a pre-loss basis. Certificate(s)of Insurance The Contractor will agree to provide City a Certificate of Insurance evidencing that all coverage's, limits and endorsements required herein are maintained and in full force and effect, and certificates of insurance shall provide a minimum thirty(30) days to notify,when available by Contractors insurer. If the Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City by fax within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. Certificates of Insurance shall be in the form as approved by Insurance Standards Office (ISO) and such certificates shall clearly state all of the coverage's required in this section. INSURANCE Commercial General Liability insurance will cover liability bodily injury and property damage.Exposures to be covered are premises, operations, products/completed operations, and contracts. Coverage must be written on an occurrence basis,with the following examples of insurance. Schedule Limits Commercial General Liability $1,000,000 Each Occurrence Blanket Contractual Liability $2,000,000 Each Occurrence Independent Contractors Premises-Operations Products&Completed Operations Personal/Advertising Injury Blanket Contractual Liability Independent Contractors Automobile Liability Any auto including Hired&Non-owned $1,000,000 Combined Single Limit Broad Form Property Damage $1,000,000 Each Occurrence Blanket X,C,U Hazards If required(Included) Workers' Compensation Florida 440 Statutory Coverage Employers Liability $1,000,000 Each Accident Disease Policy Limit $1,000,000 ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 743 INSURANCE REQUIREMENTS Bonds: A surety bond maybe required equal to the value of the job to guarantee the work will be done per the specifications on a timely basis. Insurance Summary: A. Violation of the terms of this agreement and its subparts shall constitute a breach of the written contract and so the city at its sole discretion, may cancel the contract and all rights, title and interest of the contractor shall thereupon cease and terminate. B. The City reserves the right to require or adjust any of the insurance coverage's it deems necessary depending upon the company, the project and the potential hazard exposures. C. The city requires being named"Additional Insured" on all certificates of insurance. Certificates of Insurance can only be endorsed by an insurance agency or insurance company. D. No work is to be performed pursuant to a mutually agreed upon written contract between the City of Plantation and the Contractor.The city will have the right to amend such contract to conform to City of Plantation guidelines for contract work. E. The City requires a"thirty(30)day notice of cancellation" on all certificates of insurance. n The City requires a"wavier of subrogation"for all Workers Compensation Coverages 'I'll , l)NDF'JRSI(,'N ONTRACTOR I AS READ All THE FOREGOING REQUIREMENTS AND AGREES I ))J'I1 TERMS. 11 ESSSu urant dcretary/Treaaurer CONTRACTORu Colin Durante, President January 9, 2023 DATE CITY OF PLANTATION ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 744 DATE(MMIDDIYYYY) ACORO CERTIFICATE OF LIABILITY INSURANCE 4/11/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is en ADDITIONAL INSURED,the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Frances Lyons McGowan&Company, Inc. PHONE 440,895.4359 tivc,,Nol:440-333-3214 tNCN20595 Lorain Rd E-MAIL 1 E-MAIL Fairview Park OH 44126 ADDRESS: flyonscs,�+tmcgowaninsurance.com INSURERIS)AFFORDING COVERAGE NAIC# INSURER A: hr Properly Casualty Co of America 36161 .... .,_. _.. .. ..... Phoenix PAVETEG INSURER B4Ot Insurance Company 1 25623 INSURED Pavement Technology, Inc INSURER C 24144 Detroit Rd Westlake OH 44145 INSURER D INSURER E: """ __ ........,,, ...... __. INSURER F: COVERAGES CERTIFICATE NUMBER:1758485299 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLCSUBR. POLICY EFF POLICY EXP LIMITS _ LTR TYPE OF INSURANCE POLICY NUMBER MM/DDIYYYY. MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY Y Y DTC0324N6425 3/1/2023 3/1/2024 EACH OCCURRENCE $1,000,000 `DAMAGE TORENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrences $500,000 { ME EXP(Any one person) $10,000 i PERSONAL&ADVINJURY $1,000,1000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JEOT LOC PRODUCTS-COMP/OPAGG w$2,000,000 „ OTHER: ._..... COMBINED $ "". •.�."-- "'""" '"""°"". .'" -"' __ COMB NED SINGLE LIMIT B AUTOMOBILE LIABILITY Y Y 81081-678293 3/1/2023 3/1/2024 eEaaccident,, $1,000,000 X ANY AUTO BODILY INJURY(Per person) 1 $ ODILYINJUR� OWNED SCHEDULED B " ,Y(Per accident)I $ AUTOS ONLY PROPERTY DAMAGE X HIRED X NON-OWNED _!,Per accidents $ .. AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR Y Y CUP2J391570 3/1/2023 3/1/2024 EACHOCCURRENCE $5,000,000 4.EXCESS LIAB CLAIMS-MADE.,. AGGREGATE $5,000,000 DED I X RETENTN$ _ $IO A WORKERS COMPENSATION Y UBOK349145 3/1/2023 3/1/2024 STATUTE "ORH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? ❑IN/A (Mandatory In NH) - E.L.DISEASE-EA EMPLOYEE $1,000,000 ii _.. __- If yes,describe under 1, E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below a-. _ l DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Project:Asphalt Rejuvenation Project—Term Contract Agreement No.072-22 The City of Plantation is included as an additional insured with respects to the General Liability and Automobile Liability when required by written contract. Waiver of Subrogation is included in favor of the additional insured where permissible by state law when required by written contract. 10 day notice of cancellation for non-payment of premium,30 day notice for all other reasons applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Plantation 400 NW 73 Avenue AUTHORIZEDREPRESENTATIVE Plantation FL 33317 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 745 EXHIBIT "E" (Unit prices identified and agreed to under this Agreement) 746 BID FORM (REVISED) Bidding Company's Name: Pavement Technology, Inc. Address: 24144 Detroit Road, Westlake, OH 44145 Phone: 440-892-1895 Email: dcancelliere@pavetechinc.com To furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: SOLICITATION NAME: Asphalt Rejuvenation Project—Term Contract ITB No. 072-22 City of Plantation TO: City of Plantation 400 NW 73rd Avenue Plantation, FL 33317 The Undersigned BIDDER proposes and agrees if this bid is accepted,to enter an agreement with the CITY to complete all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. BIDDER accepts all of the terms and conditions of the Instructions to Bidders,including without limitation. This bid will remain open for ninety(90)days after the day of Bid Opening. A. BIDDER has examined copies of all the Contract Documents and of the following Addenda: (if any addenda have been issued) DATE: ADDENDA NUMBER: [ ]11/18/22 11 ] [ ]12/14/22 [2 ] [ ]12/21/22 [3 ] (receipt of all of which is hereby acknowledged) and also copies of the Advertisement or Notice to Contractors and the Instruction to Bidder. B. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreements or rules of any group, association, organization or corporation. BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham bid; BIDDER has not solicited or induced any person, firm, or a corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for himself any advantage over any other BIDDER or over CITY. C. BIDDER shall complete/furnish the work/equipment for the following price. It is the CITY'S intent to award a contract to the lowest,responsive,and responsible BIDDER for Base Bid A or Base Bid B. ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 40 747 BID FORM (REVISED) TOTAL BASE BID AMOUNT: BASE BID A Description Per SQ YD Cost Total Cost Standard Specification-Reclarnite $744,150.00 Approximately 615,000 square yards annually construction sealing with $ 1.21 -SY asphalt-rejuvenating agent furnished and applied. One dollar&twenty-one cents per sq.yd. BASE BID B Description Per SQ YD Cost Total Cost ternate#1 $1,531,350.00 pp A roximat d 61 15000 square q are yards annually construction sealing with $ 2.49 SY asphalt-rejuvenating agent furnished and applied. Two dollars&forty-nine cents per sq.yd. *The City reserves the right to award either Base Bid A or Base Bid B *Prices shall remain firm for ninety(90) days. Safety Data Sheets enclosed? Yes V No Specification Sheets/Brochures? Yes V No Communications concerning this Bid shall be addressed to the address of BIDDER indicated below. The undersigned also agrees as follows: To do any extra work not covered by the foregoing Schedule of Price which may be ordered by the CITY, and to accept as full compensation therefore, such prices may be agreed upon in writing by the CITY and the BIDDER SUBMITTED ON 1/9 20 23 SIGNATURE OF BIDDER: r __________________ PRINT NAME: Colin Durante TITLE (if any): President ....- ................ ADDRESS: 24144 Detroit Road, Westlake, OH 44145 Incorporated under thelaws of the State of Florida. ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 41 748 EXHIBIT "P (General Terms and Conditions) 749 „u�miW2 GENERAL TERMS AND CONDITIONS A. Warranty The Contractor warrants to the City that materials and equipment furnished under the Agreement will be of good quality and new unless otherwise required or permitted by the City;that the Work will be free from defects not inherent in the quality required or permitted; and that the Work will conform with the applicable standard construction details and requirements.Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty shall be for a period of one (1) year from acceptance by the City and excludes remedy for damage or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the City's name and for its sole benefit. B. Safety Precautions and Programs 1. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Agreement. 2. In the event the Contractor encounters on the Project site any material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) that has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the City in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless,by written agreement of the City and Contractor. 3. The Contractor shall not be required to work in an area on the Project site that contains asbestos or polychlorinated biphenyl(PCB). C. Safety of Persons and Property 1. The Contractor shall take responsible precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: a. employees at the Project site and other persons who may be affected thereby; b. the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Subsubcontractors; and c. other property at the Project site or adjacent thereto,such as trees,shrubs,lawns,walks, relocation or replacement in the course of construction ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. 750 „u�miW2 GENERAL TERMS AND CONDITIONS 2. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property for their protection from damage, injury or loss. 3. The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 4. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 5. The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents) to property referred to in this Section caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible except damage or loss attributable to acts or omissions of the City or Consultant or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable,and not attributable to the fault or negligence of the Contractor. 6. When applicable, the Contractor shall designate a responsible member of the Contractor's organization at the Project site whose duty shall be the prevention of accidents. This person shall be the Contractor's Superintendent unless otherwise designated by the Contractor in writing to the City and Consultant. 7. The Contractor shall not load or permit any part of the construction site to be loaded so as to endanger its safety. D. Uncovering of Work 1. If a portion of the Work is covered contrary to the City's request,it must,if required in writing by the City,be uncovered for the City's inspection and be replaced at the Contractor's expense. E. Correction of Work 1. The Contactor shall promptly, in a technically appropriate time period, correct Work rejected by the City or failing to conform to the applicable standard detail requirements. The Contactor shall bear costs of correcting such rejected work, including additional testing and inspections and compensation for the City services and expenses made necessary thereby. 2. If,within one year after the date of completion of the Work,any of the Work is found to be not in accordance with the standard detail requirements or to have failed, the Contractor shall ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. 751 „u�miW2 GENERAL TERMS AND CONDITIONS correct it promptly,in a technically appropriate time period,after receipt of written notice from the City unless the City has previously given the Contractor a written acceptance of such condition. The City shall give such notice after discovery of the condition. 3. The Contractor shall remove from the work/project site portions of the Work that are not in accordance with the Work requirements and are neither corrected by the Contractor nor accepted by the City. 4. If the Contractor fails to correct nonconforming Work within a reasonable time,the City may correct it at the Contractor's expense. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the City,the City may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice,the City may upon ten additional days'written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof,after deducting costs and damages that should have been borne by the Contractor,including compensation for the City's services and expenses made necessary thereby. If such proceeds of sale do not cover costs, which the Contractor should have borne,the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 5. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed,of the City or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the Work requirements. F. Cleaning Up 1. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by Work operations. At completion of the Work the Contractor shall remove from and around the Project site waste materials, rubbish,the Contractor's tools, construction equipment,machinery and surplus materials. 2. If the Contractor fails to clean up as directed,the City may do so and the cost thereof shall be charged to the Contractor. 3. The Contractor shall be responsible for the safe,neat and secure on-site retention of solid waste generated during the course of construction. 4. The Work Site includes the immediate area of the Site,ingress and egress routes through City's property(City Limits).Proper care shall be taken to avoid debris,trash,soil,gravel,rock,liquid or other materials from being deposited on roads or common areas of the City's adjacent property. The Contractor is responsible for providing a method of cleaning and or removing such debris or spillage as part of its Site responsibilities. In the event the City provides the means to clean or remove such debris or spillage from ingress or egress routes,the Contractor will be responsible for reasonable reimbursement to the City. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. 752 „u�miW2 GENERAL TERMS AND CONDITIONS 5. IF requested by the City, temporary restoration of asphalt pavement and other surfaces disturbed by the work shall occur within 24 hours that work has been completed within the disturbed area. 6. Permanent restoration of paved areas shall not occur prior to repairs being completed, tested for leaks, the construction within the disturbed pavement area has been completed, and inspections approved; but not later than 10 working days after completion of these items. For a project with multiple sites throughout the City, the requirement for permanent restoration work within 10 working days shall apply to each site independently unless otherwise directed. 7. If directed by the City, all other areas disturbed by the Work shall be restored, within 10 working days of completion of construction at the Contractor's expense, to a condition equal to or better than that of the surrounding adjacent areas,with materials matching the surrounding adjacent materials. For a project with multiple sites throughout the City, the requirement for permanent restoration work within 10 working days shall apply to each site independently unless otherwise directed. G. Project Closeout 1. When Contractor considers the Work to be completed at the end of each Work assignment, Contractor shall submit written certification to the City that the Work is completed and ready for final inspection. Include the following: a. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. b. Submit an updated final statement, accounting for final additional changes to the amount approved for the completed Work assignment. H. Final Cleaning 1. Remove any temporary protection and facilities installed for protection of the work area or equipment during general electrical repair work. 2. Comply with regulations of authorities having jurisdiction and safety standards for cleaning. 3. Where extra materials of value remaining after completion of associated Work have become the City's property,arrange for disposition of these materials as directed. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. 753 „u�miW2 GENERAL TERMS AND CONDITIONS I. Changes in Ouantities 1. The City reserves the right to increase or decrease the amount of any class of unit price work that may be deemed necessary. J. Permits,Fees and Notices (If Applicable) 1. Permit fees required by the Work shall be eligible for reimbursement by the City to the Contractor upon presentation of receipts by the Contractor. 2. It is the Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency and submit state registration (if required) for the work to be performed and valid for the jurisdiction in which the work is to be performed for all persons (including subcontractors)working on the project for whom a Certificate of Competency is required. K. Public Construction Bond(s) 1. Contractor may be required to ensure a Public Construction Bond equal to one hundred (100) percent of the authorized work. The unit pricing provided by the Contractor in the bid form shall include the bonding cost. The Bond must be written through a company licensed to do business in the State of Florida and be rated at least"A”,Class X,in the latest edition of`Best's Key Rating Guide",published by A.M. Best Company. L. Completion of Work: 1. The Work shall be performed on an as needed basis and completed within the time frames established by the City and the Contractor over the life of the Agreement. M. Contractor Services and Responsibilities 1. The Contractor shall assist the City or City's Representative in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the project. 2. Materials: Unless otherwise specified herein, Contractor shall furnish,pay for and assume full responsibility for all materials, equipment,transportation,machinery,tools, appliances,water, heat, utilities and all other facilities and services necessary for the furnishing, performance, testing, startup and proper completion of the Work. Contractor warrants that all materials and equipment shall be of good quality and new, unless otherwise provided in the Bid Documents and that the Work will be free from defects whether patent or latent in nature. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable supplier except as otherwise provided in the Bid Documents. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. 754 -11111ar2 GENERAL TERMS AND CONDITIONS 3. The Contractor shall be responsible for and shall coordinate all construction means, methods, techniques, sequences, and procedures. 4. The Contractor shall keep the City and City's Representative (if applicable) informed of the progress and quality of the Work. 5. If requested in writing by the City, the Contractor, with reasonable promptness and in accordance with time limits agreed upon,shall interpret the requirements of the Bid Documents and shall decide, subject to determination by the Architect or Engineer(if applicable), subject to demand for arbitration,claims,disputes and other matters in question relating to performance thereunder by both City and Contractor. Such interpretations and decisions shall be in writing, shall not be presumed to be correct, and shall be given such weight as the arbitrator(s) or the court shall determine. 6. The Contractor shall correct Work which does not conform to the Bid Documents. 7. Contractor shall comply with and give all notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to the performance of the Work. City shall not be responsible for monitoring Contractor's compliance with any laws and regulations. Contractor shall promptly notify City if the Bid Documents are observed by Contractor to be at variance therewith. 8. The Contractor shall pay royalties and license fees. The Contractor shall defend suits or claims for infringement of patent rights and shall hold the City harmless from loss on account thereof, except that the City shall be responsible for such loss when a particular design, process or product of a particular manufacturer is required by the City. However, if the Contractor has reason to believe the use of a required design process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly given to the City. 9. The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees and parties in privity of Contract with the Contractor to perform a portion of the Work, including their agents and employees. 10. The Contractor shall keep the premises free from accumulation of waste materials or rubbish caused by the Contractor's operation. At the completion of the Work, the Contractor shall remove from the project site the Contractor's tools,construction equipment,machinery,surplus materials,waste materials, and rubbish. 11. The Contractor shall prepare Change Orders for the City or City Representative's approval and execution in accordance with this Agreement and shall have authority to make minor changes in the design and construction consistent with the intent of this Agreement not involving an adjustment in the contract sum or an extension of the contract time. The Contractor shall promptly inform the City or City's Representative in writing, of minor changes in the design and construction. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. 755 „u�miW2 GENERAL TERMS AND CONDITIONS 12. The Contractor shall notify the City or City's Representative when the Work or an agreed upon portion thereof is substantially completed by issuing a Certificate of Substantial Completion which shall establish the Date of Substantial Completion; shall state the responsibility of each parry for security,maintenance,heat,utilities,damage to the Work and insurance;shall include a list of items to be completed or corrected; and shall fix the time within which the Contractor shall complete items listed therein. 13. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying Contractor's best skill, attention and expertise. Contractor shall be solely responsible for and have control over the means,methods,techniques, sequences and procedures of construction. Contractor shall be responsible to see that the finished Work complies accurately with the Bid Documents. 14. Contractor shall be fully responsible to City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors,suppliers and of persons for whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect Contract with Contractor. Nothing in the Bid Documents shall create any Contractual relationship between City and any such subcontractor,supplier or other person or organization, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Bid Documents for the benefit of City. 15. Contractor shall obtain and pay for all permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary. 16. Within seven (7) calendar days after execution of the Contract and in any event prior to the commencement of any Work hereunder, Contractor shall furnish,in writing to City,the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design)proposed for each principal portion of the Work. City shall advise Contractor, in writing, of any proposed person or entity to which City has a reasonable objection. Failure of City to reply promptly shall constitute notice of no reasonable objection. Contractor shall not contract with a proposed person or entity to whom City has made a reasonable and timely objection. If City has reasonable objection to a person or entity proposed by Contractor, Contractor shall propose another to whom City has no reasonable objection. Contractor shall not change a subcontractor, person or entity previously selected if City makes reasonable objection to such change. 17. Contractor shall be fully responsible to City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors,suppliers and of persons for whose acts any of them may be liable and any other ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. 756 „u�miW2 GENERAL TERMS AND CONDITIONS persons and organizations performing or furnishing of the Work under a direct or indirect contract with Contractor. Nothing in the Contract Documents shall create any contractual relationship between City and any such subcontractor,supplier or other person or organization, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 18. All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. N. Risk of Loss; Title: The risk of loss,injury, or destruction shall be on Contractor until acceptance of the Work by City. Title to the Work shall pass to City upon acceptance of the Work by City. O. Use of Premises: Contractor shall confine equipment,the storage of materials and equipment and the operations of Workers to the project site and areas identified in and permitted by the Bid Documents and shall not unreasonably encumber the premises with equipment or other materials. Contractor shall assume full responsibility for any damage to any such land or area, or to the City or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against City by any such occupant because of the performance of the Work, Contractor shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim. The general indemnification provided elsewhere in this document specifically applies to claims arising out of Contractor's use of the premises. During the progress of the Work,Contractor shall keep the premises free from accumulation of waste materials,rubbish, and other debris resulting from the Work.At the completion of the Work, Contractor shall remove all waste materials,rubbish and debris from and about the premises,as well as all tools,appliances, equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by City. Contractor shall restore to original condition all property not designated for alteration by the Bid Documents. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. P. Access to Work: Contractor shall provide City, City's consultants, representatives and personnel, independent testing laboratories and governmental agencies with jurisdictional interests with access to the Work at reasonable times for their observation, inspection and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's site safety procedures and programs so that they may comply therewith. Q Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in the Bid Documents, shall survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. 757 „umiW2 GENERAL TERMS AND CONDITIONS R. Work by City or City's Contractors 1. The City reserves the right to perform Work related to, but not part of, the Project and to award separate contracts in connection with other Work at the site. If the Contractor claims that delay or additional cost is involved because of such action by the City,the Contractor shall make such claims to the City or City's Representative in writing. 2. The Contractor shall afford the City's separate contractors' reasonable opportunity for introduction and storage of their materials and equipment for execution of their Work. The Contractor shall incorporate and coordinate the Contractor's Work with the Work of the City's separate contractors as required by the Bid Documents. 3. Costs caused by defective or ill-timed Work shall be borne by the party responsible. END OF SECTION ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. 758 EXHIBIT "G" (Addendums) 759 OFFICE OF THE MAYOR CITY COUNCIL Lynn Stoner Erik Anderson, President Mayor Jennifer Andreu, President Pro Tern Timothy J. Fadgen PROCUREMENT DEPARTMENT Denise Horland Charles Spencer, NIGP-CPP Plantation Nick Sortal Director the gram is greener' ADDENDUM NO. 1 ITB No. 072-22 Asphalt Rejuvenation Project—Term Contract DATE OF ADDENDUM: November 18,2022 TO ALL PROSPECTIVE BIDDERS: The following clarification, changes, additions and/or deletions are hereby made part of the Contract Documents for ITB No. 072-22. nestions and Answers Question No. 1 - On page 14, paragraph 2, it states that the initial contract term is two years, with three optional one-year renewal terms, but on page 64, it states that the initial term is for one year, with four optional one-year renewal periods. Can you please tell me which is correct? Response No. 1—A two.-year ii uitiarl contract Wrin w lls u e ne wA options k'or an a dd.itieaaaaal dare,, oa c--yemaair tea•usa.S. Question No.2 -Also, page 4, the second paragraph describes elevator work. I know that was just left in by mistake, if you could please confirm? Response No.2— 11case disrcgard fl:dat Ipar agrapla and iref x to the ssous, hegiinn ng on page 14 l'or da daaserljpl'iion of rorlla:to deg per66nned u.iin le:;r this projec.t. Bids must be submitted on or before January 10,2023 11:00 A.M. Bids must be submitted electronically ONLY via the Demand Star website. !I�t11s:.Ly wMv F lgrttandstar.cons/a hi ep:.iq�/1'-IgLid /cj!y-cat l� faata�tiear -1 acac aNmu rr cd t d��ITe ic.ar/prr carrea�+ nt-. c1p OI-ttla)it1es/906(113fb-3874-4291-960 - 1cl0 _ 7a410, All other terms, conditions and specifications remain unchanged for ITB No. 072-22. Please acknowledge receipt of this Addendum No. 1 by returning it and/or acknowledging it in your bid. BIDDER'S NAME: Pavement Technology, Inc. 400 NW 73rd Avenue + Plantation, Florida 33317 954.414.7842 o www.plantadon.org 760 OFFICE OF THE MAYOR CITY COUNCIL Nick Sortal Jennifer Andreu, President Mayor Timothy J. Fadgen, President Pro Tern Erik Anderson PROCUREMENT DEPARTMENT Denise Horland Charles Spencer, NIGP-CPP Plantation Louis Reinstien Director the grass is greener' ADDENDUM NO.2 ITB No.072-22 Asphalt Rejuvenation Project—Term Contract DATE OF ADDENDUM: December 14,2022 TO ALL PROSPECTIVE BIDDERS: The following clarification, changes, additions and/or deletions are hereby made part of the Contract Documents for ITB No. 072-22. Questions and Answers Question No. 1 - The previous contract used by the City was on the South Florida Purchasing Cooperative, will this contract similarly allow for other agencies to piggyback by adding language to that end? Response No. 1— `he(_`i0.y will aHow f6r ellrer a.:g ncics to piggyback by erc.ehuliing ianguage in the court a cI 1:1-la r ay prohibit it, Question No.2 - With the extreme volatility of petroleum-based materials, longer term contracts around the state have added escalation clauses (such as the Producer Price Index or the FDOT Fuel and Bituminous Average Price Index). Would the City of Plantation consider adding such a clause to this contract? Response No.2—Ne+ua.pe make Torus;, a pp ro pr i«ate assururpt ion s for the irllida�l terrn of"the coirulra ct. Al''lcr ihue iruiti,.d t(;irrin, the(_I4y, uv l cS:VInsllr'lert11e a fort"rner11t.iorVG"d c4rocilla"J➢.tioiI"V elaunvs. Bids must be submitted on or before January 10,2023 11:00 A.M. Bids must be submitted electronically ONLY via the Demand Star website. 1)Ips:4��w v magwttrnd�lrr.e,�ra :tllp/a ncies/i"lorida/cif :Qf:p1fl.! tit:dt- roetarerre t-dr rsie e/tmsagzlie�fuucllt- o l:ollCLlnities/9b6(ii 4-4291 9660 w_ 11(,i3387a40/ All other terms, conditions and specifications remain unchanged for ITB No. 072-22. Please acknowledge receipt of this Addendum No. 2 by returning it and/or acknowledging it in your bid. BIDDER'S NAME: Pavement Technology, Inc. 400 NW 73rd Avenue • Plantation, Florida 33317 954.414.7842 +4 www.plantation.org 761 OFFICE OF THE MAYOR CITY COUNCIL Nick Sortal Jennifer Andreu, President Mayor Timothy J. Fadgen, President Pro Tern Erik Anderson PROCUREMENT DEPARTMENT Denise Horland Charles Spencer, NIGP-CPP Plantation Louis Reinstien Director die grass k greener' ADDENDUM NO.3 ITB No. 072-22 Asphalt Rejuvenation Project—Term Contract DATE OF ADDENDUM: December 21,2022 TO ALL PROSPECTIVE BIDDERS: The following clarification, changes, additions and/or deletions are hereby made part of the Contract Documents for ITB No. 072-22. Chanizes lll"ft ase sere the iruttrir.11llied revised bid form. Questions and Answers Question No. 1 - On page 53, the checklist lists "Federal Funding Requirements" as a submitted form, but that won't apply, correct? Response No. 1—lair ase disregard and this cliiecklust 4ern as it does not:apply, Question No. 2 - If we are submitting a price for the standard spec product, Reclamite®, and we are also providing pricing for an alternate product,then would the Grand Total be those two totals added together, or would the Grand Total be the total amount for the standard spec product? Response No.2—11ease see the, aflachcd revised br d 16rnr. Question No.3 -In regard to the Base Bid Total on page 53: Is this the total for the standard spec product plus the total for the alternate product, added together,or if it would be the total for the standard spec product, only? Response No.3—Ncase provide two duff-'er(vnt totriis rand Make n chear df stinctk)n between the standarrd and a4cirnate bid price, Bids must be submitted on or before January 10,2023 11:00 A.M. Bids must be submitted electronically ONLY via the Demand Star website. lf�l1��/��v��r��,clr�rraarNr�l'star°,ecrr��/rr �p/�r�citslilc�r�s�l'rr/city rrt=l�lac�t�rtmor�-prrl�atL�rrof�ltt-slivisior�/�m°ocur�- �taerr�irrrirties/ -1� r)b6d 134l?_ °2 9 05- lcf63187a40/ All other terms, conditions and specifications remain unchanged for ITB No. 072-22. Please acknowledge receipt of this Addendum No. 3 by returning it and/or acknowledging it in your bid. BIDDER'S NAME: Pavement Technology, Inc. 400 NW 73rd Avenue ♦ Plantation, Florida 33317 954.414.7842 ♦ www.plantation.org 762 AMENDMENT FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PLANTATION AND PAVEMENT TECHNOLOGY,INC. FOR ASPHALT REJUVENATION PROJECT THIS FIRST AMENDMENT to Agreement No. 072-22 For Asphalt Rejuvenation Project dated this 11 th day of March ,2024,by and between: CITY OF PLANTATION,FLORIDA a Municipal Corporation 400 North West 70'b Avenue Plantation,Florida 33317 (Hereinafter referred to as"CITY") and PAVEMENT TECHNOLOGY,INC. a Florida Corporation 24144 Detroit Road, Westlake,OH 44145 (Hereinafter referred to as "CONTRACTOR") WHEREAS, on April 17, 2023, CITY entered into an Agreement (072-22) with CONTRACTOR for Continuing Service for Agreement For:Asphalt Rejuvenation Project;and WHEREAS,the initial term of this Agreement was for one(1)year beginning April 17,2023 and expiring on April 16,2024;and WHEREAS,this Agreement contains an option to renew for four(4)additional one(1)year periods, under the same terms and conditions;and WHEREAS, the current Agreement is set to expire on April 16, 2024 if not renewed or extended;and WHEREAS, the CITY has determined that CONTRACTOR has performed in accordance with requirements of the Agreement and wishes to exercise/execute the first(P5 of (4)four(1)one-year options; WHEREAS, both Parties concur with amending the Agreement to extend the term of the Agreement through April 16,2025. WHEREAS, under this Amendment the CITY will also modify this Agreement,to include additional language(s)to align with current Florida Law(s)and City's business practices. ITB No.072-22;Asphalt Rejuvenation Project—Term Contract Page 11 763 /%%%01 1111� It'll, AMENDMENT NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of which are acknowledged,the parties agree as follows: SECTION 1. RECITALS The foregoing recitals are true and correct and are hereby incorporated into this Agreement. SECTION 2. SECTION 3,3.1 (A)TERM OF AGREEMENT The term of this Agreement shall be extended through A Rriil 1§L20 . SECTION 3. SECTION 3,3.2(B)CONTRACTOR'S COMPENSATION (SEE EXHIBIT E) BASED BID A .......- _... �_-._........ �......_...... .... Description Per SQ YD Cost ......�........... Standard S ifica �on-Reclamit. ..W w._ ... --.�, -.�.......�_. .�....._.. ...� e Approximately 615,000 square yards annually construction sealing with asphalt-rejuvenating agent $1.21 _Sy furnished and a)))ti d. BASED BID B Description Per SQ YD Cost ..� � r WWBid Alternat W�W Approximately 615,000 square yards annually construction sealing with asphalt-rejuvenating agent $2.49 _ - sY furnished-and -plied: ...._ .... THIS SECTION WAS INTENTIONALLY LEFT BLANK ITB No.072-22;Asphalt Rejuvenation Project-Term Contract Page 2 764 AMENDMENT SECTION 4. PUBLIC AGENCY CONTRACTING This section is herebv incor orated into this Agreement by execution of this Amendment. CONTRACTOR certifies that it is aware of and complies with the requirements of§448.095, Florida Statues,as may be amended from time to time and briefly described herein below. (a) A public agency must require in any contract that CONTRACTOR, and any subcontractor thereof, register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. A public agency or CONTRACTOR or subcontractor thereof may not enter into a contract unless each parry to the contract registers with and uses the E-Verify system. (b) If CONTRACTOR enters into a contract with a subcontractor, the subcontractor must provide the CONTRACTOR with an affidavit stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized alien.CONTRACTOR shall maintain a copy of such affidavit for the duration of the contract. (c) 1. A public agency, CONTRACTOR,or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated s. 448.09(1)shall terminate the contract with the person or entity. 2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the CONTRACTOR otherwise complied with this subsection, shall promptly notify the contractor and order the contractor to immediately terminate the contract with the subcontractor. 3. A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If a public agency terminates a contract with CONTRACTOR under this paragraph, CONTRACTOR may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. CONTRACTOR is liable for any additional costs incurred by a public agency as a result of the termination of a contract. (d) A public agency, contractor, or subcontractor may file a cause of action with a circuit or county court to challenge a termination under paragraph (c) no later than 20 calendar days after the date on which the contract was terminated. THIS SECTION WAS INTENTIONALLY LEFT BLANK ITB No.072-22;Asphalt Rejuvenation Project—Term Contract Page13 765 AMENDMENT ����� ECTION 5. PROHIBITION AGAINST CONSIDERATION OF SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS This section is hereb incor:orated into this A reement b execution of this Amendment. CONTRACTOR is hereby notified of the provisions of section 287.05701,Florida Statutes, as amended, and that the CITY did not consider the CONTRACTOR's social, political, or ideological interests when determining if the CONTRACTOR was a responsible CONTRACTOR. CONTRACTOR is further notified that the CITY's governing body did not give any preference to the CONTRACTOR based on the CONTRACTOR's social,political, or ideological interests. SECTION 6. COMPLIANCE WITH FOREIGN ENTITY LAWS This section is hereby incor orated into this A reement b execution of this Amendment By entering into this Agreement CONTRACTOR is hereby certifying the following: A. Entity is not owned by the government of a foreign country of concern as defined in Section 287.138,Florida Statutes.(Source: § 287.138(2)(a),Florida Statutes) B. The government of a foreign country of concern does not have a controlling interest in Entity.(Source: §287.138(2)(b),Florida Statutes). C. Entity is not owned or controlled by the government of a foreign country of concern,as defined in Section 692.201, Florida Statutes. (Source: § 288.007(2), Florida Statutes). D. Entity is not a partnership,association,corporation,organization,or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern,as defined in Section 692.201, Florida Statutes, or a subsidiary of such entity. (Source: § 288.007(2), Florida Statutes) E. Entity is not a foreign principal, as defined in Section 692.201, Florida Statutes. (Source: § 692.202(5)(a)(1),Florida Statutes). F. Entity is in compliance with all applicable requirements of Sections 692.202, 692.203, and 692.204, Florida Statutes. G. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either (a) not a person or entity described in Section 692.204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase the subject 1TB No.072-22;Asphalt Rejuvenation Project—Term Contract Page 4 766 AMENDMENT property. Entity is in compliance with the requirements of Section 692.204, Florida Statutes. (Source: §§ 692.203(6)(a),692.204(6)(a),Florida Statutes). SECTION 7. In all other respects, the terms and conditions of the Agreement, as amended, not specifically amended herein remain in full force and effect. In the event of any conflict, this First Amendment will supersede all other terms. In the event of ambiguity, the most conservative interpretation consistent with the public interest is intended. SECTION 8.This First Amendment shall become effective on April 16,2024. THIS SECTION WAS INTENTIONALLY LEFT BLANK ITB No.072-22;Asphalt Rejuvenation Project—Term Contract Page15 767 AMENDMENT ................................ IN WITNESS WHEREOF, CITY OF PLANTATION AND PAVEMENT TECHNOLOGY, INC. have signed this Amendment in duplicate. One counterpart each has been delivered to the CITY and CONTRACTOR Attest: CITY OF PLANTATION April B h5W,%Ci '43 r By: orsaii-�ized �pNick Sortal, Mayor rd 30, 111)53 As to Procurement: -OunO C�ba�rle�� S enter ern' Director Signed, Sealed in the presence of- (C&P6TAte Seal) PAVEMENT TECHNOLOGY,,I-NC. a Florida Corporation By: Colin Durante President STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me,by means of physical presence or 0 online notarization,this 4th day of March In 20 24 by Colin Duran e President as ................. for Pavement Technology, Inc. produce............. who is ersonally known to me ')r who has d as identification. Notary Public Signature:e2� - Cqgl 22LA State of Florida at Large(Seal) Print Name: My commission expires: ftbniy27.2Q.JS ITB No.072-22;Asphalt Rejuvenation Project—Tenn Contract Page 6 768 Pavement Preservation Project Standard Form of Agreement Between Owner and Contractor Where the basis ofpayment is a STIPULATED SUM AGREEMENT Made as of the 21st day of May in the year of Two Thousand and Twenty-Five. BETWEEN the Owner: Monroe County Board of County Commissioners ("BOCC") 1100 Simonton Street Key West, Florida 33040 ("Owner") And the Contractor: Pavement Technology Inc.. 24144 Detroit Road Westlake, Ohio 44145 ("Contractor") For the following Project Pavement Preservation Project Various Locations Monroe County, Florida ("Project") The Owner and Contractor agree as set forth below. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, County Forms (Ethics Clause; Non-Collusion Affidavit; Drug-Free Workplace; Public Entity Crime Statement, Vendor Certification Regarding Scrutinized Companies Lists), Insurance Requirements and Documents, and other documents listed in this Agreement and Modifications issued after execution of this Agreement. These form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. This Agreement is being procured in accordance with Monroe County Code Sec. 2-347(e)(2) utilizing competitive pricing under a joint cooperative bid for the City of Plantation under Agreement No. 072-22 Asphalt Rejuvenation Project Notice Requirement 4/15/25 CONTRACT DOCUMENTS 1 769 Pavement Preservation Project All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: Ms. Judith Clarke, P.E. Director of Engineering Services Monroe County 1100 Simonton Street, Room 2-216 Key West, Florida 33040 For the Contractor: Chris Evers Pavement Technology Inc. 2144 Detroit Road Westlake, Ohio 44145 ARTICLE 2 The Work of this Contract The Contractor shall execute the Scope of Work as specified and described in Attachment A. The contract constitutes the entire and exclusive agreement between the Owner and the Contractor with reference to the Pavement Preservation Proiect. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date from which the Contract Time of Paragraph 3.2 is measured and shall be the date specified in the Notice to Proceed issued to the Contractor by the Owner. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than 60 Days after the Date of Commencement, subject to adjustments of the Contract Time as provided by the Contract Document. Uncontrollable Circumstance 3.3 Any delay or failure of either Party to perforin its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perforin, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract 4/15/25 CONTRACT DOCUMENTS 2 770 Pavement Preservation Project disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract, for the Pavement Preservation Project at a rate of $1.21 per Square Yard of asphalt pavement treated, for a total not to exceed amount of Two Hundred, Fourty-Nine Thousand, One Hundred, Forty three Dollars and Eighty-Four Cents ($249,143.84) ("Contract Sum") subject to additions and deductions as provided in the Contract Documents. ARTICLE 5 Progress Payments 5.1 Based upon Invoices submitted by the Contractor to the Owner, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. Contractor shall submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. 5.2 The period covered by each Invoice for payment shall be one calendar month ending on the last day of the month. 5.3 County shall pay pursuant to the Local Government Prompt Payment Act 218.70 Florida Statutes. 5.4 Each Invoice for Payment shall be based upon the Rate of $1.21 per Square Yard of asphalt pavement treated in accordance with the Contract Documents. The Invoice shall conform to the Rates and Contract Sum and be prepared in such form and supported by such data to substantiate its accuracy as the Owner may require. The list of roads to be treated, unless objected to by the Owner, shall be used as a basis for reviewing the Contractor's Invoices. 5.5 Invoices for Payment shall indicate the amount of the Work completed as of the end of the period covered by the Invoice for Payment. 4/15/25 CONTRACT DOCUMENTS 3 771 Pavement Preservation Project 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the contract rate by the square yards of asphalt treated, less retainage of Five percent (5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Invoices for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be actual net cost as confirmed by the Owner. When both additions and credits covering related Work or substitutions are involved in a change the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Subtract the aggregate of previous payments made by the Owner; and 5.6.3 Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-Five percent (95%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the Final Project Certificate for Payment. ARTICLE 7 Insurance 7.1 Prior to commencement of work the Contractor will provide satisfactory evidence of insurance in the form of Certificates of Insurance as required in the Insurance Statement. 7.2 The Contractor shall name the Monroe County Board of County Commissioners, its employees and officials as "Additional Insured" on all policies except for Worker's Compensation. Insurance Statement 4/15/25 CONTRACT DOCUMENTS 4 772 Pavement Preservation Project The Insurance requirements are as follows: Insurance Requirement Limits Worker's Compensation Statutory Limits Employer's Liability WC3 $1,000,000/$1,000,000/$1,000,000 General Liability GL3 $ 1,000,000 Combined Single Limit GLXCU *Required Endorsement Underground, Explosion and Collapse (XCU) Vehicle Liability VL3 $500,000 per person; $1,000,000 per occurrence (Owned, hired and $100,000 Property Damage Non- owned Vehicles) or $1,000,000 Combined Limit All insurers shall have an A.M. Best rating of VI or better and shall be licensed to do business in the state of Florida. ARTICLE 8 Miscellaneous Provisions 8.1 Where reference is made in this Agreement to a provision or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Payments due and unpaid under the Contract shall bear interest pursuant to the Local Government Prompt Payment Act 218.735 8.3 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 8.4 Public Entities Crimes By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entities Crime Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. 4/15/25 CONTRACT DOCUMENTS 5 773 Pavement Preservation Project Contractor will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 8.5 The following items are part of this contract: a) Maintenance of Records: Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives, shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03; FS, running from the date the monies were paid to Contractor. b) Right to Audit: Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as,but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7)years after Final Completion. 4/15/25 CONTRACT DOCUMENTS 6 774 Pavement Preservation Project c) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. d) Severability: If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. e) Attorney's Fees and Costs: The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Agreement, the prevailing parry shall be entitled to reasonable attorney's fees and court costs, as an award against the non- prevailing parry, and shall include attorney's fees and courts costs in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. f) Binding Effect: The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. g) Authority: Each parry represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. h) Claims for Federal or State Aid: Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of funding that effect the Project will be provided to each parry. i) Nondiscrimination: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the 4/15/25 CONTRACT DOCUMENTS 7 775 Pavement Preservation Project court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1910 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. j) Covenant of No Interest: County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. k) Code of Ethics: County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 1) No Solicitation/Payment: The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, 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 it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 4/15/25 CONTRACT DOCUMENTS 8 776 Pavement Preservation Project m) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records,papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing parry, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of 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 this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under sectionl 19.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 4/15/25 CONTRACT DOCUMENTS 9 777 Pavement Preservation Project IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS AT MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408 KEY WEST, FL 33040 EMAIL: PUBLICRECORDSna MONROECOUNTY-FL.GOV OR PHONE# (305)292-3470 n) Non-Waiver of Immunity: Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. o) Privileges and Immunities: All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules, pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. p) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. q) Non-Reliance by Non-Parties: No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. r) Attestations: Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. s) No Personal Liability: No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable 4/15/25 CONTRACT DOCUMENTS 10 778 Pavement Preservation Project personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. t) Execution in Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. u) Section Headings: Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. v) Special Conditions: Any special conditions are detailed in Article 10. w) Hold Harmless and Indemnification: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees, and harmless from and against (i) claims, actions or causes of action, (ii) litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) costs or expenses that may be asserted against, initiated with respect to, or sustained by the County and the COUNTY's elected and appointed officers and employees from liabilities damages, losses and costs, including but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and persons employed or utilized by the indemnifying parry in the performance of the construction contract. The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained herein. In the event any claims are brought, or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the Contractor's expense the attorneys' fees and costs incurred by those attorneys selected by the County to appear and defend such actions or claims on behalf of the County at both the trial and appellate levels. The County at its sole option, shall have the sole authority for the direction of the defense, and shall be the sole judge of the acceptability of any compromise or settlement of any claims or actions against the County. x) Adjudication of Disputes or Disagreements: COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions 4/15/25 CONTRACT DOCUMENTS ll 779 Pavement Preservation Project between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraph y or Article 9 concerning termination or cancellation. y) Cancellation: In the event that the Contractor shall be found to be negligent in any aspect of installation, stocking, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. z) Cooperation: In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 8.6 Successors and Assigns: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 8.7 No third-Party Beneficiaries: Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Recipient guaranties the payment of all just claims for materials, supplies,tools, or labor and other just claims against the Recipient or any subcontractor, in connection with this Agreement. Additionally, the Recipient agrees to include the following indemnification in all contracts with contractors/subcontractors, or consultants/sub consultants who perform work in connection with this Agreement. 8.8 The Recipient will not discriminate against any employee employed in the performance of this Agreement, or against any applicant for employment because of age, ethnicity, race, religious belief, disability, national origin, or sex. The Recipient shall provide a harassment-free workplace, with any allegation of harassment given priority attention and action by management. The Recipient shall insert similar provisions in all contracts and subcontracts for services by this Agreement. The Recipient affirms that it is aware of the provisions of Section 287.134(2)(a), Florida Statutes. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract 4/15/25 CONTRACT DOCUMENTS 12 780 Pavement Preservation Project with any public entity; and may not transact business with any public Recipient. The Recipient further agrees that it shall not violate Section 287.134(2)(a), Florida Statutes, and acknowledges and agrees that placement on the list during the term of this Agreement may result in the termination of this Agreement. 8.9 E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 ARTICLE 9 9.1 Termination for Cause 9.1.1 Contractor or Owner, may terminate this agreement, for cause, after providing Written Notice of the default and if said default is not cured within 15 days, the agreement may be terminated upon five (5) additional days' Written Notice. 9.2 Termination for Convenience and suspension by Owner 9.2.1 Contractor or Owner may terminate this agreement, without cause, upon providing 30 days Written Notice. 9.2.2 The Owner may, without cause, order the Contractor in writing to suspend, delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. 9.3 Scrutinized Companies If the County determines that the Contractor has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 10 Special Conditions 10.1 Cleaning Up 10.1.1 The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the project waste materials rubbish, the Contractor's tools, 4/15/25 CONTRACT DOCUMENTS 13 781 Pavement Preservation Project equipment, machinery and surplus materials. Clean up shall be performed to the satisfaction of the Owner. 10.2 Access to Work 10.2.1 The Contractor shall provide the Owner's Representative and the Owner access to the Work in preparation and progress wherever located. 10.3 Care of Trees, Shrubs and Grass 10.3.1 The Contractor shall be fully responsible for maintaining in good condition all vegetation inside the County right-of-way. Contractor will conduct work in a manner that minimizes the amount of vegetation that is impacted by the Work. Where vegetation must be removed or destroyed incident to the Work, the Contractor, after completion of the work, must replace or restore to the original condition all destroyed or damaged shrubbery, grass areas or pea rock areas. 10.4 Maintenance of Traffic 10.4.1 The Contractor shall be responsible for the proper maintenance control and detour of traffic in the area of Work, during the course of Work. All traffic control and maintenance procedures shall be in accordance with the requirements of the Florida D.O.T. 10.4.2 All traffic control signs and devices, barricades, flashers, flambeaus and similar devices shall be furnished and maintained by the Contractor. 10.4.3 Work shall be conducted in such a manner to cause the least possible interruption to traffic. Necessary access to and from adjacent properties shall be provided at all times. 10.5 Barricades and Protection of Work 10.5.1 The Contractor shall protect his work throughout its length by the erection of suitable barricades, where required. He shall further indicate his work at night by the maintenance of suitable lights or flares. He shall comply with all laws or ordinances covering the protection of such work and the safety measures to be employed therein. The Contractor shall carry out his work so as not to deny access to private property. All utility access manholes, valves, fire hydrants, and letter boxes shall be kept accessible at all times. 10.5.2 In the event or threat of a hurricane the Contractor shall remove all equipment and material from the roadway. He shall make the area safe to traffic and pedestrian. No object from the site should pose a threat to anyone caused by wind or water. 10.6 Permits, Fees and Notices 10.6.1 The Contractor shall secure and pay for all permits, impact fees, governmental fees, licenses, inspections and surveys required by Federal, State, or Municipal bodies having jurisdiction over the project for the proper execution and completion of the Work which are customarily secured after execution of the Contract. 4/15/25 CONTRACT DOCUMENTS 14 782 Pavement Preservation Project 10.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities bearing on performance of the Work. 10.6.3 If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. ARTICLE 11 PROTECTION OF PERSONS AND PROPERTY 11.1 Safety Precautions and Programs 11.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 11.2 Safety of Persons and Property 11.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 1. employees on the Work and other persons who may be affected thereby; 2. the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Sub- subcontractors; 3. other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks,pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of Work; and 4. Work or operations by the Owner or other Contractors. 11.2.2 The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, 11.3 Emergencies 11.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor's discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined by the Owner. Article 12 Change Orders 12.1 Description: A Change Order is a written instrument prepared by the Owner and signed by the Owner and Contractor stating their agreement upon all of the following: 1. A change in the work 2. The amount of the adjustment in the contract Sum, if any; and 3. The extent of the adjustment in the Contract Time, if any. 4/15/25 CONTRACT DOCUMENTS 15 783 Pavement PrQseryw qij.llrqiC:CI 12.1.1 Changes in the Work may be accomplished after execution of the contract, and without invalidating the Contract, by Change Order. I I lie Conti-actor may only seek a no cost Change Order for such reasonable time as the Owner may determine. 12.2 Procedure: Should the Owner contemplate making a change in the Work or a change in the Contract "firne cif`Completion, the: Director of Engineering Services will provide the Contractor a description of the contemplated change. The Contractor, will either: 1. Make the described change in the Work at no change in the Contract Sum and no change in the Contract Time of Completion; 2. After analyzing the described change, promptly advise the County Director of Engineering Set-vices as to credit or cost proposed for the described change and time adjustment, if any; or 3. Meet with the County Director of Engineering Services as required to explain costs and time adjustments when appropriate and determine other acceptable ways to achieve the desired objective. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) 130ARD OF COUNTY COMMISSIONERS Attest, KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: 13Y As Deputy Clerk Mayor Date (SEAL) Pavement Technology Inc. Attest: By: By: Ll� Susan Durante John Schlegel Title: Secretary/Treasure Title: Vice Pre�ident ........... MONROE COUNTY ATTORNEY APPROVED AS TO FORM CHRISTINE LIMSERT-BARROWS SR.ASSISTANT TgnATTORNEY DATE: 4/ 5/25 CONTRACT DOCUMENT'S 16 784 Pavement Preservation Project Attachment A Scope of Work 4/15/25 CONTRACT DOCUMENTS 17 785 Pavement Preservation Project Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 March 27, 2025 Ms. Judith S. Clarke,P.E. Director of Engineering Services Monroe County 1100 Simonton Street Key West, FL 33040 Dear Ms. Clarke: We are pleased to offer our revised proposal to apply Reclamite®asphalt rejuvenator to the streets listed below. Square Street From To Yards Amount Holly Lane South Point Drive Dead End 876 $1,059.96 West Point Drive South Point Drive 80ft off dead end 929 $1,124.09 Croton Court South Point Drive Dead End 407 $492.47 Banyan Lane South Point Drive Dead End 620 $750.20 Cypress Road South Point Drive Dead End 3,379 $4,088.59 South Point Drive U.S. 1 East Point Drive 5,964 $7,216.44 Cedar Lane Cypress Road Dead End 1,009 $1,220.89 Bamboo Court East Point Drive Dead End 278 $336.38 Dogwood Lane East Point Drive Dead End 928 $1,122.88 East Point Drive South Point Drive Dead End 1,875 $2,268.75 Tamarind Road South Point Drive Dead End 2,671 $3,231.91 Bonita Lane East Sugarloaf Boulevard Dead End 518 $626.78 Bonefish Lane West Sugarloaf Boulevard Dead End 1,633 $1,975.93 Wahoo Lane Sugarloaf Boulevard Dead End 1,842 $2,228.82 Bonefish Lane East Sugarloaf Boulevard Dead End 507 $613.47 Venetian Wa Shore Drive Dead End 2,802 $3,390.42 Starfish Lane East Sugarloaf Boulevard Dead End 682 $825.22 Shore Lane Shore Drive Dead End 1,162 $1,406.02 Sugarloaf Drive Sugarloaf Blvd. Sugarloaf Blvd 3,040 $3,678.40 Snapper Lane Su arloaf Boulevard Dead End 858 $1,038.18 Ambe 'ack Lane Su arloaf Boulevard Dead End 1,802 $2,180.42 4/15/25 CONTRACT DOCUMENTS 18 786 Pavement Preservation Project Starfish Lane West Sugarloaf Boulevard Dead End 1,647 $1,992.87 Sugarloaf Drive Sugarloaf Boulevard Sugarloaf Blvd 1,283 $1,552.43 Kin fish Lane West Sugarloaf Boulevard Dead End 2,073 $2,508.33 Driftwood Lane Sugarloaf Boulevard Dead End 1,407 $1,702.47 Flying Fish Lane Sugarloaf Boulevard Dead End 1,627 $1,968.67 Green Turtle Lane East Sugarloaf Boulevard Dead End 540 $653.40 Green Turtle Lane West Sugarloaf Boulevard Dead End 1,618 $1,957.78 Kin fish Lane East Sugarloaf Boulevard Dead End 681 $824.01 Bonita Lane West Sugarloaf Boulevard Dead End 1,847 $2,234.87 Shore Drive Sugarloaf Boulevard Dead End 2,233 $2,701.93 Angelfish Lane Sugarloaf Boulevard Dead End 525 $635.25 Sea ra e Lane Sugarloaf Boulevard Dead End 1,765 $2,135.65 Dolphin Street East Sugarloaf Boulevard Dead End 1,698 $2,054.58 Dolphin Street West Sugarloaf Boulevard Dead End 714 $863.94 Hibiscus Lane Sugarloaf Boulevard Dead End 1,061 $1,283.81 Buttonwood Drive West Sugarloaf Boulevard Dead End 1,127 $1,363.67 La Brisa Court Sugarloaf Boulevard Dead End 802 $970.42 La Brisa Lane Sugarloaf Boulevard Dead End 1,673 $2,024.33 Marlin Drive Sugarloaf Boulevard Dead End 2,569 $3,108.49 Oleander Lane Sugarloaf Boulevard Dead End 1,313 $1,588.73 Pinetree Lane Oleander Lane Dead End 396 $479.16 Cobia Court Sugarloaf Boulevard Dead End 538 $650.98 Buttonwood Drive East Sugarloaf Boulevard Dead End 2,160 $2,613.60 Keystone Road Sugarloaf Boulevard Dead End 1,907 $2,307.47 Allamanda Drive West Sugarloaf Boulevard Dead End 1,931 $2,336.51 Coral Court Sugarloaf Boulevard Dead End 338 $408.98 Coral Drive Sugarloaf Boulevard Dead End 2,257 $2,730.97 Allamanda Drive Sugarloaf Boulevard Dead End 3,260 $3,944.60 Jamaica Lane Sugarloaf Boulevard Dead End 2,822 $3,414.62 Sugarloaf Blvd. U.S. 1 Ca men 28,000 $33,880.00 Old State Route 4A U.S. 1 End of Fence 2/3 of way down 3,602 $4,358.42 Crane Boulevard U.S. 1 Dead End 15,573 $18,843.33 Hawksbill Lane Crane Boulevard Dead End 3,922 $4,745.62 Loggerhead Lane Crane Boulevard Dead End 3,015 $3,648.15 Flamingo Road Johnson Road Dead End 477 $577.17 Date Palm Drive Crane Boulevard Dead End 4,278 $5,176.38 Canal Drive Crane Boulevard Dead End 6,600 $7,986.00 Caloosa Street Crane Boulevard Dead End 2,864 $3,465.44 Aztec Street Cherokee Street Indian Mound Drive 1,816 $2,197.36 Frazier Lane Flamingo Road Dead end 180 $217.80 Adams Road U.S. 1 Dead End 944 $1,142.24 Apache Street Cherokee Street Indian Mound Drive 480 $580.80 4/15/25 CONTRACT DOCUMENTS 19 787 Pavement Preservation Project Navajo Street Cherokee Street Indian Mound Drive 1,107 $1,339.47 Cherokee Street Seminole Street Indian Mound Drive 2,422 $2,930.62 Seminole Street Crane Boulevard Dead End 2,860 $3,460.60 Mayan Street Cherokee Street Indian Mound Drive 1,304 $1,577.84 Kings Row State Road 4A Bow Road 932 $1,127.72 Indian Mound Drive Cherokee Street Aztec Street 2,789 $3,374.69 Te uesta Street Crane Boulevard Dead End 2,922 $3,535.62 Johnson Road U.S. 1 Dead End 3,578 $4,329.38 Eighth Ave West Drost Drive Dead End 2,444 $2,957.24 Fifth Avenue West Drost Drive Dead End 3,203 $3,875.63 Sixth Avenue West Drost Drive Dead End 2,902 $3,511.42 Seventh Avenue West Drost Drive Dead End 2,664 $3,223.44 Fourth Avenue West Drost Drive Dead End 2,410 $2,916.10 Second Avenue West Drost Drive Dead End 3,543 $4,287.03 Pattison Drive Drost Drive Dead end 1,933 $2,338.93 Drost Drive U.S. 1 Pattison Drive 8,078 $9,774.38 Fifth Avenue Drost Drive Dead End 1,271 $1,537.91 Pattison Drive Drost Drive/Hamilton Drive Dead End 678 $820.38 Ninth Avenue West Drost Drive Seminole Drive 2,191 $2,651.11 Navajo Drive Ninth Avenue West Dead End 433 $523.93 Fourth Avenue Drost Drive Dead End 1,260 $1,524.60 Third Avenue Drost Drive Dead End 1,199 $1,450.79 Second Avenue Drost Drive Dead End 1,281 $1,550.01 Sixth Avenue Drost Drive Dead End 1,259 $1,523.39 Seventh Avenue Drost Drive Dead End 1,256 $1,519.76 Seminole Drive Ninth Avenue West Dead End 640 $774.40 Total 205,904 $249,143.84 Our price is inclusive of traffic control,notification of residents and all labor and material necessary to complete the work in accordance with The City of Plantation contract specifications. Actual field measurements will determine final quantities. Thank you for your continued interest in pavement preservation with Reclamite®. Sincerely, Chris Evers 4/15/25 CONTRACT DOCUMENTS 20 788 Pavement Preservation Project County Forms 4/15/25 CONTRACT DOCUMENTS 21 789 flavonent Preservation 11rojecl NON-COLLUSION AFFIDAVIT Susan Durante ------—........... of tl,lc city of vVestlake, OH according to law on my oath,and under penalty of perjury, depose and say that; I am Secretary/Treasurer of the firrn of ..................... Pavement Technology,Inc. the bidder making the Proposal for the project described in the Request for Competitive Solicitations for: Pavement Preservation Project Monroe County, Florida and that I executed the said proposal with full authority to do so; 2.) the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such process with any other bidder or with any competitor; 3) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder and will not be knowingly disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4.) no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to Submit, or not to submit., a bid for the purpose of restricting competition; 5.) the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding ontracts for said preject. (rSp 12(Signature olBidder) (Date) 5 STATE OF: Ohio COUNTY OF: Cuyahoga Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or El online notarization, oil 512125 (date')' Susan Durante (naille of affiant). I-lefhhe is personall known to me r has produced ........... (type of identification) as identification. 611 N 0 T A ?AP�U B E,I C izay My commission expires: ruElrrhs with Ndcusn W Cam*Ww Expims:Febnjaty 27,2o30 4/15/25 CONIRACT DOCUMENTS 22 790 Pavemeni Prescrvalion Projec LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA Pavement Technology, Inc. .................... (Company) warrants that it has not employed, retained or otherwise had act on its behalf"any fon-ner County officer or employee subject to the prohibition of Section 2 of Ordinance No. 0 10-1990 or any County offlicer or employee in violation of Section 3 of Ordinance No. 0 10-1990. For breach or violation ofthis provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, c full amount of any fee, commission, percentage, gift, or consideration paid to the former County offlicer or i loyce"', 512/25 �(',' gniature)(-,/ (Date) STATE OF: Ohio COUNTY OF: Cuyahoga Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or El online notarization, on 5/2/25 (date) by Susan Durante (name of affia,nt). Hethe is, personally' J known to me cl has produced (type of identification) as identification. 0., NOTARY PUBLIC My Commission Expires: Efiz"h MWwsq Nowy Pubk,Swe of Ohio W Cwv**icn&Pkw:Febmq 27,20-Z(-) NOTARY PUBLIC My commission expires: 4/15/25 CONTRACT DOCUMENTS 23 791 Pavervient Preservation Project DRUG-FREE WORKPLACE FORM The undersigned Contractor in accordance with Ft. Statute 287.087 hereby certifies that: Pavement Technology, Inc. ................... ....... (Name of Business) I Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, [)OSSCSSi011, Or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform such employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drUg-free workplace, any available drug Counseling, rehabilitation, and ernployce assistance programs, and the penalties that may be imposed upon employees for di-Lig abuse violations. 3. (jive each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in Subsection (1), notify the employees that, as a condition of working oil the commodities or contractual services that are under bid, the employees will abide by the terms of the statement and will notify the employer of any conviction of, or plea Of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law oil'the United States or any state, for a violation occurring in the workplace no later than five(5)days after Such conviction. 5. Impose a sanction on or require the satisfactory participation in a drug abuse assistance or rehabilitation program if.'such is available in the employee's community, or any employee who is so convicted, 6. Make a good Idith effort to continue to maintain a drug-free workplace through implementation of this section. As a person authorized to sign the statement, I certify that this firm cgtnplies fully with the above requirements. STATE OF:Ohio COUNTY OF: Cuyahoga Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 0 online notarization, on 5/2/25.............. (date) by Susan Durante (name of afflant). H4She is Personally known to me or has produced (type of identification)as identification. NOTARY 111 BLAC, Bizet th Mielcusny My Commission Expires: Nc4ary Public,State 01 0h Po WCmrisak)n Eyires:FebrWry 2'1,235 4/15/25 CONTRACTIDOCUMENTS 24 792 Pavement Preservation Proied PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a Public entity, may not Submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perflorrn work as a contractor, supplier, Subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months f1rorn the date of being placed on the convicted vendor list." I have read the above and state that neither Pavement Technology, Inc. - (Proposer's name) noi r )iy Affilia, )ias been placed on the convicted vendor list within the last 36 months. ............. 5/2/25 (,Signature) (Date) STATE OF: Ohio COUNTY OF:Cuyahoga Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 0 online notarization, on the 2nd day of-MaY 2025, by Susan Durante (name of affiant). Hcf7e is versonally 7nown to=717 )r has produced (type of identification) as identification. Fjiza�Miekx" Not"Pubbe,Stats Of OhiO 90 My Commission Expires:,-my cammis�Eoms:Febrmy 27,20-1 NOTARY PUBLIC 4/15/25 CONTRACT DOCUMENTS 25 793 11avenient Preservation Proiect VENDOC R CERTIFICATION RMARDING SCRUTINIZED COMPANIES LIS'l IS Project Description(s):Pavement Preservation Project Respondent Vendor Narne: Pavement Technology, Inc. -............ .............................. 34-1108308 Vendor FF"IN.. Vendor's Authorized Representative Name and 'ritic. Susan Durante, Secretary/Treasurer Address: 24144 Detroit Rd. .................... ........ ....... City: Westlake ......... State: OH Zip: 44145 .... Phone Number: 440-892-1895 Email Address: dcancelliere@pavetechinc.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215,4725, Ilorida Statutes, or is engaged in a Boycott of Israel. Section 287.1351, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleurn Energy Sector Lists which were created pursuant to s. 215.473, I"lorida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to, sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed oil the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for llrc�lects of$1,000,000 or more is not listed oil either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant, to Section 287,135, Florida. Statutes, the submission of a fialse certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have Submitted a talse certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified By: Susan D,urante,,,, who is authorized to sign oil bell I 'of the "0 e referenced company. Authorized Signattjr4 411 .............- print Larne: Susan Dur me ,I,itl,,Secretary[Treasurer Note. The I.Jst are available at the following Department of Management Services Site: hq.12.�1f'wwwArns,,m ) I . )11 al(" flq!.- ),'!sh1u"`Vend(W ................ xi'll Lqjnts y(m(Jor hs�s 4/15/25 CONTRACTDOCUMENTS 20 794 Pavement Preservation Project AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LA13OR OR SERVICES Entity/Vendor Name: Pavement Technology, Inc. Vendor FEIN: 34-1108308 Vendor's Authorized Representative: Susan Durante, Secretary/Treasurer ..........- (Name and Title) Address: 24144 Detroit Rd. City: westl-ake - State: OH Zip: _44145 Phone Number: 440-892-1895 L-`rnail Address: dca nceil iere@pavetech inc,coin As a nongovernmental entity executing, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty Of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Section 787.06(2)(a), coercion means: 1. Using or threating to use physical force against any person; 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or set-vices as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or- purported passport, visa, or other immigration document, or any other actual or purported government identification document, ofany person; 5. Causing or threating to> cause financial harm to any person, 6. Enticing or luring any person by Fraud or deceit; or 7. Providing a controlled substance as, outlined in Schedule I or Schedule 11 of Section 893.03 to any person for the purpose of exploitation ofthat person. As as person authorized to sign on behall"of Vendor, I certify under penalties of"perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Certified By: _Susan Durante .......- who is ........................... authorized to sign on be th�a ove referenced company. Authorized Signature: ...... Print Name:Susan Durante 'I'itle:SecretarylTreasurer 4/15/25 CONTRACTDOCUMENTS 27 795 Pavement Prce ervatiam 11roiuet arc w� • mo��rmar,. Minot-ity Owned Business Declaration Pavement Technology, Inc. , a.Sub-contractor engaged by Monroe County during the completion of work associated with the below indicated prgject (Check one) is a minority business enterprise, as defined in Section 288.703, Florida Statutes or is not a minority business enterprise, as defined in Section 288.703, Florida Statutes. F.S.288.703(3) *'Minority business enterprise"'uneans any small business concern as defined in subsection(6)(see below) which is organized to engage in cornmercial transactions,which is domiciled in Florida,and which is at least 51-percent- owned by minority persons who are members,ofan insular group that is of particular racial,ethnic,or gender makeup or national origin,which has been subJected historically to disparate treatment clue to identi fication in and with that group resulting in an underrepresen tat ion of commercial enterprises under the prcaup's control,and whose nnanagenaent and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of profession.. Ownership by a minority person sloes not include ownership which is the result ofa transfer li-ona a nonaninority person to a minority person within a related immediate family group ifthe combined total net asset value of all members cat"such family group exceeds$1 million.For purposes ofthis subsection,the tens"related immediate tinnily group"means one or more. Children under 16 years of age and a parent ofsuch children or the spouse of such parent residing in the Same house or living unit.. F.:S 288.703(6)"Small business"means an independently owned and operated business concern that employs 200 or fewer permanent full-time employees and that,together with its affiliates, has a net worth ol"not more than$5 million or any firm based in this state which has a Stuall Business Administration 8(a)certification. As applicable to sole proprietorships,the`n5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288.703 for more information. Co if actor _ Date:512/25 Signature Print Name: Susan Durante "I'itle:Secretary/Treasurer Address:24144 Detroit Rd. City/State/Zip Westlake, OH 441.45._.._.r__ For Monroe County Verificatiow Title/OMB Department: Verified via: https:/Zosd,dms.mvflorida.com/""`directories 4/15/25 CONTRACT I)OCUMEP*TS 28 796 75/2/2025 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Frances Lyons McGowan &Company, Inc. PHONE FAX 20595 Lorain Rd A/C No Ext: 440.895.4359 A/C,No):440-333-3214 E-MFairview Park OH 44126 ADDRESS: flyons@mcgowaninsurance.com INSURER(S)AFFORDING COVERAGE NAIC# wsURERA:Travelers Property Casualty Co of America 36161 INSURED PAVETEC-01 INSURERB: Phoenix Insurance Company 25623 Pavement Technology, Inc 24144 Detroit Rd INSURERC: Westlake OH 44145 INSURER D INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:1158510182 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y Y C0324N6425 3/1/2025 3/1/2026 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGETORENTED PREMISES Ea occurrence) ccurrence $500,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY jECT RO- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y 81081-678293 3/1/2025 3/1/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR Y Y CUP2J391570 3/1/2025 3/1/2026 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$1 n nnn $ A WORKERS COMPENSATION Y UBOK349145 3/1/2025 3/1/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Project:2024 Pavement Preservation Project(10271) Certificate holder is included as an additional insured as required by written contract with respects to the General Liability. 10 day notice of cancellation for non-payment of premium,30 day notice for all other reasons applies. APPROVED BY RISK MANAGEMENT XCU Endorsement Under contract s.7.2 is BY 04 waived by Risk due to type of work to be DATE 05.06.25 X WAIVE',R N!A YES CERTIFICATE HOLDER performed CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 q.e. @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 797 Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 RESOLUTIONCOREORATE Pavement Technology, Inc. I hereby certify that I am the Founder and President of PavementTechnology, Inc., a corporation duly organized and existing under the laws of the State of Ohio; that on this 2"d day of January, 2007, the board of directors of said Corporation authorized and approved the Secretary/Treasurer of said corporation to execute any proposals and contracts for and in behalf of said corporation; that said authority is not contrary to any provision in the articles of incorporation or code of regulations or code of bylaws of said corporation; that said authority has not been rescinded or modified and that Susan J. Durante is the duly elected and acting Secretary/Treasurer of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name on this 2nd day of January, 2007. ion Durant i °e ident 798 CORPORATE RESOLUTION Pavement Technology, Inc. I hereby certify that I am the duly elected and acting Secretary of Pavement Technology, Inc., a corporation duly organized and existing under the laws of the State of Ohio; that on this 2nd day of January, 2007, the board of directors of said Corporation authorized and approved the Vice President of said corporation to execute any proposals and contracts for and in behalf of said corporation; that said authority is not contrary to any provision in the articles of incorporation or code of regulations or code of bylaws of said corporation; that said authority has not been rescinded or modified and that John J. Schlegel is the duly elected and acting Vice President of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name on this 2nd day of January, 2007. Susan J. Dura n ecretary/Treasurer 799