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Item F17
Standard Form of Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 12th day of November 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 1775 Notice Requirement 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 perform 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 perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County 1776 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 $1.24 per Square Yard of asphalt pavement treated, for a total not to exceed amount of Five Hundred, Sixty-Three Thousand, Three Hundred, Forty three Dollars and Sixteen Cents ($560,663.52) ("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$1.24 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. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 1777 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 Nine . -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 The Insurance requirements are as follows: Insurance Requirement Limits 1778 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 $500,000 per person; $1,000,000 per Vehicle Liability VL3 occurrence $100,000 Property Damage (Owned, hired and or Non- owned Vehicles) $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. 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 1779 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. 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. 1780 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 party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs, as an award against the non- prevailing party, 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 party 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 party. 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 party, effective the date of the 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, 1781 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. 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 party, 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. 1782 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 section119.10, 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. 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 PHONE# 305-292- 3470 PUBLICRECORDS(a,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 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. 1783 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 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, 1784 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 party 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 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 1785 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 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. 1786 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, 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. 1787 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. 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 1788 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. 12.1.1 Changes in the Work may be accomplished after execution of the contract, and without invalidating the Contract, by Change Order. The Contractor 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 Time of 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 Services 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. 1789 (SEAL) BOARD OF COUN'ry COMMISSIONERS Attest: KEVIN MADOK, Clerk OF' MONROE COUNTY,FLORIDA By: By .As Deputy Clerk Mayor Date (SEAL) Pavernent Technology Inc. Atte st By: By: el, Susan Durante John Schlegel Title: Secretary[Treasurer Title- Vice President MONROE COUNTY ATTORNEY APPROVED AS TO FORM CHRISTINE LIMBERT-BARROWS SR.ASSISTANT COUNTY ATTORNEY DATE._1_0/2712 1790 Attachment A Scope of Work 1791 Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 October 21, 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$1.24 per square yard per said contract. We look forward to the opportunity to be of service to you and Monroe County. Sincerely, Colin Durante Colin Durante President cdurante@pavetechine.com Enclosure cc: Chris Evers John J. Schlegel 1792 Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 October 24,2025 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. 2020 Retreats Square Street From To Yards Amount Sunny Ln Colson Dr Sawyer Dr 716 $887.84 Colson Dr U.S. 1 Dead End 3,336 $4,136.64 First Ave Drost Dr Dead End 993 $1,231.32 Lookdown Ln Cutthroat Dr Dead End 3,467 $4,299.08 Blimp Rd U.S. 1 Pavement Change 12,756 $15,817.44 Sacarma Dr U.S. 1 Dead End 1,140 $1,413.60 Redfish Ln Cutthroat Dr Dead End 3,022 $3,747.28 Tortuga Ln Jolly Roger Dr Dead End 740 $917.60 Sawyer Dr U.S. 1 Dead End 8,622 $10,691.28 Pieces of Eight Rd Barataria Rd Yard Arm Rd 2,862 $3,548.88 Peg Leg Ln Jolly Roger Dr Dead End 604 $748.96 Anne Bonny Ln Jolly Roger Dr Dead End 1,344 $1,666.56 Cutthroat Dr U.S. 1 Dead End 2,833 $3,512.92 Cutthroat Dr U.S. 1 Jolly Roger Dr 2,638 $3,271.12 Baracoa Rd Pieces of Eight Rd Dead End 971 $1,204.04 Blue ill Ln Cutthroat Dr Dead End 3,524 $4,369.76 Maracaibo Ln Jolly Roger Dr Dead End 769 $953.56 Le Grand Ln Jolly Roger Dr Dead End 900 $1,116.00 Arica Ln Jolly Roger Dr Dead End 547 $678.28 Calico Jack Cir Spanish Main Dr Puerto Bello Dr 2,704 $3,352.96 1793 Hakluyt Ln Puerto Bello Dr Dead End 1,331 $1,650.44 Spanish Main Dr U.S. 1 Dead End 17,133 $21,244.92 Sharp Ln Spanish Main Dr Dead End 1,098 $1,361.52 De Lussan Ln Puerto Bello Dr Dead End 1,449 $1,796.76 Hawkins Ln Spanish Main Dr Dead End 1,267 $1,571.08 Coxon Ln Puerto Bello Dr Dead End 1,056 $1,309.44 Treasure Chest Rd Pieces of Eight Rd Dead End 426 $528.24 Cutlass Ln Jolly Roger Dr Dead End 1,571 $1,948.04 Gold Boullion Rd Pieces of Eight Rd Dead End 531 $658.44 Doubloon Ln Jolly Roger Dr Dead End 1,094 $1,356.56 Jolly Roger Dr Anne Bonny Ln Arica Ln 7,533 $9,340.92 Galleon Ln Jolly Roger Dr Dead End 1,293 $1,603.32 La Fitte Dr Cutthroat Dr Dead End 5,291 $6,560.84 Puerto Bello Dr Spanish Main Dr Hakluyt Ln 4,762 $5,904.88 HenrySt U.S. 1 Mary St 656 $813.44 John Silver Ln Jolly Roger Dr Dead End 1,827 $2,265.48 Airport Dr N West Shore Dr Park Dr 4,500 $5,580.00 Airport Dr S West Shore Dr Dead End 6,449 $7,996.76 Bonito Ln Spanish Main Dr Dead End 1,671 $2,072.04 Buccaneer Ln Jolly Roger Dr Dead End 2,380 $2,951.20 Basque Ln Puerto Bello Dr Dead End 1,544 $1,914.56 Picard Ln Puerto Bello Dr Dead End 856 $1,061.44 Privateer Dr Cutthroat Dr Spanish Main Dr 2,884 $3,576.16 Cud'oe Dr Spanish Main Dr Cutthroat Dr 2,889 $3,582.36 Port Royal Ln Spanish Main Dr Dead End 1,589 $1,970.36 Ca t Kidd Ln Spanish Main Dr Dead End 696 $863.04 Rogers Ln Puerto Bello Dr Dead End 1,144 $1,418.56 Thatch Ln Puerto Bello Dr Dead End 1,500 $1,860.00 Teach Ln Spanish Main Dr Dead End 916 $1,135.84 Tarpon Ln Spanish Main Dr Dead End 1,738 $2,155.12 Sailfish Ln Spanish Main Dr Dead End 1,700 $2,108.00 Coates Ln Puerto Bello Dr Dead End 1,200 $1,488.00 Lake Dr North Park Dr Dead End 762 $944.88 Snapper Ln Spanish Main Dr Dead End 1,782 $2,209.68 7th St Ocean Dr 6th Street 1,162 $1,440.88 5th St 4th St Dead End 1,510 $1,872.40 Blackbeard Ln Cutthroat Dr Dead End 2,442 $3,028.08 Wahoo Ln Spanish Main Dr Dead End 1,789 $2,218.36 Drake Ln Spanish Main Dr Dead End 733 $908.92 Labat Ln Puerto Bello Dr Dead End 1,391 $1,724.84 Dirk Ln Spanish Main Dr Dead End 429 $531.96 1794 John Avery Ln Spanish Main Dr Dead End 1,716 $2,127.84 Park Dr Airport Dr North Lake Dr North 2,840 $3,521.60 Gas arilla Ln Spanish Main Dr Dead End 844 $1,046.56 Long Ben Ln Spanish Main Dr Dead End 1,138 $1,411.12 Isles Blvd Fla shi Dr Caribbean Dr East 2,787 $3,455.88 Horace St U.S. 1 Center Road 1,236 $1,532.64 Gulf Dr Isles Blvd Dead End 3,267 $4,051.08 Flagship Dr Isles Blvd Dead End 3,474 $4,307.76 Center St Horace St Dead End 2,884 $3,576.16 Caribbean Dr West Caribbean Dr East Dead End 3,022 $3,747.28 44th St West Shore Dr Katherine St 702 $870.48 Bay Dr Isles Blvd Dead End 3,556 $4,409.44 Hudgins Dr Sunset Blvd Dead End 1,700 $2,108.00 42nd St John St 43rd St 444 $550.56 Lake Dr South Airport Dr North Dead End 540 $669.60 2nd St East Shore Dr Dead End 1,729 $2,143.96 1st St East Shore Dr Dead End 622 $771.28 Northside Dr Horace St Dead End 1,836 $2,276.64 John St HenrySt Dead End 1,531 $1,898.44 Caribbean Dr U.S. 1 Caribbean Dr E&W 507 $628.68 Caribbean Dr East Caribbean Dr South Caribbean Dr West 12,036 $14,924.64 Lagoon Dr Isles Blvd Dead End 3,582 $4,441.68 45th St West Shore Dr Katherine St 1,365 $1,692.60 41st St West Shore Dr Katherine St 1,300 $1,612.00 Ocean Dr U.S. 1 Dead End 9,081 $11,260.44 Katherine St Margaret St 41 st St 536 $664.64 40th St Katherine St 41 st St 1,131 $1,402.44 46th St 45th St Elizabeth St 2,026 $2,512.24 Lesrohde Dr Mariposa Rd Dead End 2,096 $2,599.04 East Shore Dr SR 942 U.S. 1 Ocean Dr 10,140 $12,573.60 Calle Real Ocean Dr Dead End 381 $472.44 Calle Colombia Ocean Dr Calle Bogota 469 $581.56 Calle Bogota Calle Colombia Dead End 438 $543.12 Avenue D 12th Ave Dead End 596 $739.04 12th St East Shore Dr Avenue D 767 $951.08 West Shore Dr U.S. 1 Ocean Dr 13,143 $16,297.32 Margaret St Katherine St East Shore Dr 1,287 $1,595.88 Munson Ave U.S. 1 Mari osa Rd 3,044 $3,774.56 Mariposa Rd Coral Ave Mako Ave 1,667 $2,067.08 Mariposa Rd Coral Ave Brown Dr 2,756 $3,417.44 Indies Rd U.S. 1 Dead End 7,990 $9,907.60 1795 Barbados Ln West Indies Dr Dead End 1,756 $2,177.44 An uila Ln West Indies Dr Dead End 1,562 $1,936.88 Barbuda Ln West Indies Dr Dead End 1,569 $1,945.56 Brown Dr Mariposa Rd Dead End 2,874 $3,563.76 Angelfish Rd Munson Ave Coral Ave 1,427 $1,769.48 Hunt Ln West Shore Dr Dead End 1,687 $2,091.88 An elfish Rd Coral Ave Dead End 1,836 $2,276.64 Palm Ln West Shore Dr Dead End 1,542 $1,912.08 Sunset Blvd Ocean Dr Dead End 765 $948.60 Coral Ave U.S. 1 Dead End 8,024 $%949.76 Mako Ave Johnson Rd US 1 3,826 $4,744.24 State Road 4A Mako Ave Mariposa Rd 7,387 $9,159.88 Shannahan Rd Coral Ave Dead End 3,171 $3,932.04 Shannahan Rd Munson Ave Coral Ave 1,036 $1,284.64 St.Lucie Ln West Indies Dr Dead End 1,664 $2,063.36 St.Vincent Ln West Indies Dr Dead End 1,793 $2,223.32 Tobago Ln West Indies Dr Dead End 1,611 $1,997.64 West Indies Dr U.S. 1 Dead End 20,580 $25,519.20 St. Croix Ln West Indies Dr Dead End 1,562 $1,936.88 Tarpon Terr Barracuda Dr Dead End 944 $1,170.56 Bay Shore Dr Johnson St Pruitt Dr 4,324 $5,361.76 Johnson Rd Mako Ave Bay Shore Dr 3,071 $3,808.04 Dolphin Rd Coral Ave Dead end 2,150 $2,666.00 Dominica Ln West Indies Dr Dead End 2,167 $2,687.08 Haiti Ln West Indies Dr Dead End 2,127 $2,637.48 Jamaica Ln West Indies Dr Dead End 1,560 $1,934.40 St.Martin Ln West Indies Dr Dead End 1,704 $2,112.96 Cayman Ln West Indies Dr Dead End 1,556 $1,929.44 Astran is Ave Bayview Dr Dead End 816 $1,011.84 Pine Channel Dr Lobster Tail Tr Dead End 2,189 $2,714.36 Lobster Tail Tr State Road 4A Pine Channel Dr 1,673 $2,074.52 Jolly Roger Dr Pirate's Rd Dead End 1,523 $1,888.52 Tortuga Rd La Fitte Rd Dead End 1,036 $1,284.64 Warner Rd Mills Rd Gato Road 2,142 $2,656.08 Por ie Path Barracuda Dr Dead End 767 $951.08 Martinique Ln West Indies Dr Dead End 2,420 $3,000.80 Sea Whip St Bayview Dr Dead End 780 $967.20 Julia Ave State Road 4A Aloha Dr 2,027 $2,513.48 Le Grand Rd Pirate's Rd La Fitte Rd 1,813 $2,248.12 Maracaibo Rd La Fitte Rd Dead End 951 $1,179.24 Dirk Rd La Fitte Rd Dead End 456 $565.44 1796 Snapper Ln Barracuda Dr Dead End 842 $1,044.08 State Road 4A Lobster Trail Dr Dead end 643 $797.32 Antigua Ln West Indies Dr Dead End 2,107 $2,612.68 Guadalou a Ln West Indies Dr Dead End 2,144 $2,658.56 Coral Shores Rd State Road 4A Bayview Dr 2,413 $2,992.12 Bayview Dr Coral Shores Rd Dead End 2,471 $3,064.04 Barracuda Dr State Rd 4A Por ie Path 1,780 $2,207.20 Blackbeard Rd Le Grand Rd Dead End 7,533 $9,340.92 Buccaneer Rd La FItte Rd Dead End 576 $714.24 Capt Kidd Rd La Fitte Rd Dead End 340 $421.60 La Fitte Rd Le Grand Rd Dead End 7,582 $9,401.68 Dorothy Ave State Road 4A Aloha Dr 1,978 $2,452.72 Mills Rd U.S. 1 Gato Rd 1,958 $2,427.92 Gato Rd State Road 4A Gato Ln 2,493 $3,091.32 Helen Ave State Road 4A Aloha Dr 1,944 $2,410.56 John Silver Rd La Fitte Rd Dead End 591 $732.84 Powell Aved Meyer Ave Dead End 2,367 $2,935.08 Pirates Rd U.S. 1 Jolly Roger Dr 10,404 $12,900.96 Barry Ave U.S. 1 North Dead End 7,858 $9,743.92 Peg Leg Rd La Fitte Rd Dead End 922 $1,143.28 Doubloon Rd La Fitte Rd Dead End 898 $1,113.52 Aloha Dr County Rd Dead End 1,171 $1,452.04 Anne Bonny Rd La Fitte Rd Dead End 582 $721.68 Arica Rd La Fitte Rd Dead End 813 $1,008.12 Atlantic Cir Dr U.S. 1 U.S. 1 2,778 $3,444.72 Tavern Dr Atlantic Cir Dr Atlantic Cir Dr 1,344 $1,666.56 Ocean View Dr U.S. 1 End 2,033 $2,520.92 Tarpon St Atlantic Cir Dr Sunrise Dr 1,933 $2,396.92 Sunrise Dr U.S. 1 End 2,700 $3,348.00 Tavernier Tr N Sunrise Dr Sunrise Dr 600 $744.00 Lowe St U.S. 1 End 3,356 $4,161.44 Beach Rd Lowe St End 4,022 $4,987.28 Coconut Row U.S. 1 Tavernier Dr 2,989 $3,706.36 Ocean Ave Coconut Row Lowe St 802 $994.48 Tavernier Dr Coconut Row End 756 $937.44 Broadway Ave Coconut Row Ocean Blvd 789 $978.36 Ocean Blvd U.S. 1 Lincoln Ave 1,100 $1,364.00 Total 4529148 $5609663.52 1797 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 1798 County Forms 1799 NON-COLLUSION AFFIDAVIT Susan Durante or tile city of Westlake, OH according to law on my oath, arid urider ---------- penalty of perjury, depose and say that; I I arn secretary/Treasurer of the firrri of Pavement Technology, Inc. the bidder making the Proposal for the project described in the Request for(ornpetitive Solicitations for: CARD SOUND ROAD ATTUBBY'S CREEK BRID("WE#904982 AND CARD SOUND ROAD AT MOSQUITO CREEK BRIDGY E 4904984 Monri-oc County, Flori(la 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, conimunication or agreernent for the purpose of restricting cornpetition, as to any matter relating to such process with any other bidder or with any corrifictitor; I) unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will riot 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 inade or will be made by the bidder to induce any other person, partnership or corporation to subunit,or riot to submit,a bid for the purpose of restricting competition; 5.) tire statements contained in this affidavit are true and correct, arid Made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding Ieontracts for said project. October 22, 2025 ic(Si` natureof Bidder) (Date) STATE OF: Ohio COUNTY OF: Cuyahoga Subscribed and sworn to (or affirmed) before ine, by means,of 0 physical presence or 0 online notarization, on October 22,2025 (date) by-,,,,.-. Susan Durante narne ofaffiant), Ili"S' lie.is personally known to ni�- or has produced (type of identification) as identification. My commission expires: NOTAY PIJBIAC Barbara Ann Wolf-Modio Notary Riblio,State of Ohio MY Commission Expires.march ol,202-0 .... ...... "".. ........ X 1800 LO BYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENTtJNDER 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 Fortner County officer or employee subject to the prohibition ref Section 2 of`Ordinance No. 010-1990 or any County officer or ernployee in violation of Section 3, of Ordinance No, 010-1990. l"'or breach o�r violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct FrOrn the contract or Purchase price, or otherwise r F co,ver, the full amount of any fee, cornmission, percentage, gift, or- consideration paid to the former County offid�" r emp] vee". October 22, 2025 ure) (a bate ) STATE OF: ONo COUNTY OF: -Cuyahoga Subscribed and sworn to (or affirmed) before me, by means of 0 physical presence or 0 online notarization, on October 22, 2025 (date) by Susan Durante (name of affiant). He�she is personally,,,,',) Q_knpmru to glor has produced (type of identification) as identification. NOTARY PUBLTC Barbara Ann WdWodlc Notary Nblic,State of Ohio My Commission Expires;March 01,2080 My Commission Expires: ............. NOTARY PUBUC ........... My commission expires: 1801 DRUG-FREE WORKPLACE FORM `I"he undersigned Contractor in accordance with Fl. Statute 287.087 hereby certifies that: Pavement Technology, Inc. (Name.of Business) I 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 actions that will be taken against employees for violations of such prohibition. 2. hil'onn 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 employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. I Give each employee engaged in providing the commodities or contractual services that are under bid a copy ofthe statement specified in subsection(1). 4, In the statement specified in subsection (I), notify the employees that, as a condition of working on 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 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 prograrn if such is available in the employee's community,or any employee who is so convicted. 6� Make a good faith C11"Ort 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 11fin""Complies fully with the above requirements. i r rdder' aaturs STATE ol:,,:Ohio COUN,ry OF: Cuyahoga Subscribed and sworn to (or affirmed) before me, by means of'lO physical presence or El online notarization, on October 22, 2025 (date) by Susan Durante (narne of affiant). Her m_is pqrsqgkily, known ter.me')Oi- has produced (type of identification) as identification. A"UQ0011 L"IC (-- Barbara Ann Wolf-moft Notary Pyjb5c,state of Ohio My Commission Expires: MY Goninission Expires:March 01.20-30 PUBLIC ENTITY CRIME STATEMENT 1802 "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 a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity ill excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from 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) o any Affiliate has been placed on the convicted vendor list within the last 36 months. October 22, 2025 (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 22nd day of October 2025, by to i�oor Susan Durante (name of affiant). He has produced (type of identification) as identification. Barbara Ann WON-Magic N'ta'Y Pbblio,State of oh, Kly Commission E)Pirss,:March 0 1.2060 My Commission Expires._ NOTARY PUBLIC 1803 VENDOR CERTIFICATION REGAIZ.DING SCRUTINIZED COMPANIES LISTS Project Description(s): Pavement Preservation Project .................... Respondent Vendor Name: Pavement Technology, Inc. Vendor FEIN: 34-11108308 Vendor's Authorized Representative Name and Title: Susan Durante, SecretarytTreasurer Address: 24144 Detroit Rd. ........... City: Westlake State: OH ............. Zip: 44145 Phone Number: (4,40) 892-1895 Ernail Address.. dcancelliere@pavetechinc.com Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal tbr, 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, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, 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 tile Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida 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 on the Scrutinized Companies that Boycott Israel I.Jst or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies, with Activities in Sudan List, tile 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 or a false certification may SUIIect 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 false certification or has, been placed oil the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed oil the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum 1-7nergy Sector List or been engaged in business operations in Cuba or Syria. Certified By- Susan Durante who is authorized to sign oil b rlfo [h 6,above ref'erenced company. Authorized Signature: 'AL Print Name:Susan Durante Title.Secretary/Treasurer Note: The List are available at the following Department of Management Services Site: S o ns/state pl!!� !,)�a in /vendor su r I1-"to _-cs ' 1�11-21.-1-i-s-t-- s AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT 1804 FOR LABOR OR SERVICES Entity/Vendor Name: Pavement Preservation Project Vendor FEIN: 34-1108308 Vendor's Authorized Representative: Susan Durante, SecretaryfTreasurer (Name and Title) Address: 24144 Detroit Rd. City-, Westlake State: OH ....... --Zip: 44145 Phone Number. (440) 892-1895 Email Address: dcancelliere@pavetechinc.com 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 services as reasonably assessed is not applied toward the liquidation ol"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, of any 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 pet-son for the purpose of exploitation ol'that person. As a person authorized to, sign on behalf'ol'Vendor, I certify under penalties ol'perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section 787.06, ]";lorida Statutes, and agrees to abide by same. Certified By: Susan Durante —------------- who is authorized to sign on br l If of the above rellerenced company. N, h, me Authorized Signature: Print Name: Susan Durante ................................... Title.Secretary/Treasurer 1805 ., (11,I 1 41 uullnn Minority Owned Business Declaration Pavement Preservation Project , a -contractor engaged by Monroe County during the completion of work associated with the below indicated projlect (Cheep one) is a minority business enterprise, as defined in Section 288.703, Florida `statutes or is not a minority IlLlSi]1eSS enterprise, as defined in Section 288.703, Florida Statutes. F,S.288.703(3) "Minority business enterprise"means any small business concern as defined in subsection (6)(sce below) which is organized to engage in commercial transactions,,which is domiciled in Florida.,and which is at least 5 1-percent- owned by rninority persons wwrho are members of an insular group that is of a particular racial,ethnic,or gender nnakeup or national origin, which has been Subjected historically to disparate treatment due to identification in and with that group resulting in an underrepresentation of comnnercial enterprises under the group's control, and whose manage ill cut and daily operations are controlled by such persons. A minority business enterprise may primarily involve the practice of a profession, Ownership by a minority person does not include ownership which is the result of a transfer fire rn a norimionority person to a minority person within a related immediate family group if the combined total net asset value of all rrnembers ol'such Caannily, gaup exceeds$1 million. For purposes ofthis subsection,the term'*related immediate family group"nncans one or more children under 16,years of age and a parent of such children or the spouse of'such parent residing in the same house or living, unit. F.S 288.702(6)"Snnall business"means an independently owned and operated business concern that employs 200 or i`cwver permanent full-time employees and that,together with its affiliates, has a net worth of'not more than$5 million or any firnn based in this state which has a Small Business Administration 8(a)certificationn. .As applicable to sole proprietorships,the$5 million net worth requirement shall include both personal and business investments. Contractor may refer to F.S. 288,703 f`or more information. �,,�ractor -� �•October 22, 20�25 — . t �� F�atc,. 9nature Print Name: Susan Durante Title.Secretary/Treasurer Address:24144 Detroit Fed. City/State/Zip Westlake, OH 44145 For Monroe County Verification. Title/OMB Department: Verified via: https://osd dims.myflorida.comZdirectories 1806 ACCORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 10/22/2025 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 Fairview Park OH 44126 ADDRESS: flyons@mcgowaninsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casualty Co of America 36161 INSURED PAVETEC-01 INSURER B: Phoenix Insurance Company 25623 Pavement Technology, Inc INSURERC:St.Paul Surplus Lines Insurance Company 30481 24144 Detroit Rd Westlake OH 44145 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1855056210 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 POLICYNUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y Y C0324N6425 3/1/2025 3/1/2026 EACH OCCURRENCE $1,000,000 DA CLAIMS-MADE � OCCUR PREM SES Ea occurrence $500,000 IVIED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY� PRO- POLICY1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y 8108L678293 3/1/2025 3/1/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAB X OCCUR Y Y CUP2J391570 3/1/2025 3/1/2026 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DIED X RETENTION$in nnn $ A WORKERS COMPENSATION Y UBOK349145 3/1/2025 3/1/2026 X PER TH- 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 C Contractors Pollution Liability ZCC91 N93451 6/26/2025 6/26/2026 Pollution Aggregate 2,000,000 Each Pollution Cond 2,000,000 Deductible 10,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project:2026 Pavement Preservation Project(PTI#10622) Certificate Holder is included as an additional insured as required by written contract. It is further agreed that a waiver of subrogation applies in favor of the certificate holder as required by written contract. APPROVED BY RISK MANAGEMENT BY C-aak XCU Endorsement required by Article VI waived.No DATE 10.23.A explosives or underground work to be utilized for this WAIVER N/A YES X project 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. Monroe County BOCC 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1807 CITY OF PLANTATION Plantation rhe g ass is 11,011c]`-.ire. AGREEMENT Between THE CITY OF PLANTATION And PAVEMENT TECHNOLOGY, INC For ASPHALT REJUVENATION PROJECT- TERM CONTRACT AGREEMENT NO. 072-22 1808 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 _()LVr'jA ipal Corporation with 2023 by and between the CITY OF PLANTATION,a Florida Nh6c 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'IF"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 1809 AGREEMENT ................. 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. The initial agreeme on nt period shall be for one (1) year, commencing 2023 and expiring 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 Resonsibilities of Contractor. A Payment.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: D.escription Per SQ YD Cost ............ Standard Spe ification—Reclamite $1.21/per square yard Description Per SQ YD Cost Bid Alternate#1 1A.R.A.-I Ti Pollution- Remediatin,Maltene As)halt ReLuvenator $2.49/per square yard C. Control and PaymSubordinates- Ind endent Contractor. The Services shall be performed by Contractor 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 1810 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 Project 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. L 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 1811 AGREEMENT Contractor and shall not be re-employed to perform any of the Services or to work on the Project. J. 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 Safely. 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 1812 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. R 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 1813 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 1814 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 1815 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. R 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 1816 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 3.61). 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 1817 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. L 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-party 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 1818 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 1819 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 Apri eggerow, lfy, V" IV. 0 Nick 'ortal, Mayor 0 vy, Organized As to legal form:-- F,Ethbl, JLy"Attomey Is,pril 30, 1953 Q11 As to Procurement: ............ IVP Q, "pencer, Procure iient Director , Q , Ch,� fitness: ia",Sho, AARIXa-R691 .40..............-, 1— Typed name of Witness Witness: y/gd name f Witness STATE OF FLORIDA COUNTY OF BROWARD THE FOREGOING YNSTRUMENT was ac -riowledged before me by means of av6sical presence or o online notarization, this_J 2ddayof 2023, by Nick Sortal, as Mayor of the City of Plantation, a Florida municipal corporalion,'on behalf of the municipal corporation. She is persQ as identification. Aalty-kneywn-to me or has produced My commission expires: .11AOMQ % NOTARY PUBLIC A. Ci WG 033ATI % ITB No. 072-22;Asphalt Rejuvenation Project— errn Contract 1820 AGREEMENT Signed, Sealed in the presence of: PAVEMI� an � � T TECHNOLOGY, iNC� . rp gyration i -{ 7Y��w 1 B ... u J ..... laic. e .v - 'r�o Colin __. ° � M. I�urat�te, President ',' Ci°tee Susan Durante Typed name of Witness Witness: Debbie Cancelliere Typed name of W fitness STATE OF Ohio COUNTY OF Cu. ah�._.__.._ The foregoing instrument was acknowledged before me by means of i physical presence or o online notarization, this LI (7.) "'112 ,kdate) by Colin M. Durante, as President, an Ohio Corporation, on behalf of the Corporation. They are p nj to"J or who has produced _ �. _ .(type of identification)as identification. My commission expires: EtaabothFtokusny ARY PUBLIC hlotafy Pubric,States of ONo AAy CammiWw Exkea:Mmmq 49,20,,��`� ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract 1821 OFFICE OF THE MAYOR CITY COUNCIL Nick Sortal �� Mayor Jennifer Andreu, President Timothy J. Fadgen, President Pro Tern PROCUREMENT DEPARTMENT Erik Anderson Charles Spencer, NIGP-CPP Plantation Denise Horland Director t hc<,ass Gra R waanrvu' 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 @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 $1.21/per square yard Description Per SQ YD Cost Bid Alternate#1 (A.R.A:1 Ti Pollution-Remediatin2 Maltene Asphalt Reiuvenator) $2.49/per 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, rles Spencer,NIGP-CPP Procurement Director ESpencer@Plantation.org 1822 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 Phtntation Nick Sortal Director the grms is gremet' ADDENDUM NO. I ITS 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. Que§tions and,Answers Question No. I - 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. I —A. two.-Year hn i,d contract terrn wiffi renewai options lor an addiflonai three one-year tenns. 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— Piease dnsregard that paragraph and refl.�x to the scope beginnh g on page 14 lor as desciripfion of work to be performed under this pro"ject. 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. littpA//W\N'W,dei,i,iaiid.s.lar,.cotii t)/a e Lei es1flor ida/c _y.- )l4ntation-procur iietit.(Ii,aisioti/tiLockireiiieiit- qppoi-ttinitie.s/�)b6d]3fb-3874-4291-9605-8lefO33,87a4O/ All other terms,conditions and specifications remain unchanged for ITB No. 072-22. Please acknowledge receipt of this Addendum No. I 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 1823 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. I - 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—`i"h CAy will) allow for od'wr agencies to p ggyback by exciudhig language in the contiract that may prohbit 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—Nease rnake t1u.,, ,appropriale assurripflons for the 466al term of the contract. Aftcr the hii6,,d term, the 04y MH consider the af6rernenfl(�ned escalation 6auscs. 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. littp,s.-�/vqvNt.detiiaiid,.4tar.coin/av Va Yeiicies/floi,�ida/c��tl!iltioi,i-i.)rOCLireiviejit-diyjs�*i0"tl/`"i-octii*etileiit- opportunities/9b6d 13tb-3874-429 1-9605-8 lcf63387a40/ 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 + www.plantati(.)n.org 1824 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 rile grass is 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. Chances Please see the attached revised bid forin. 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. I —Pk ase (fisregard this checkhst item as it does inot ap1ply, Question No. 2 - If we are submitting a price for the standard spec product, Reclamiteg, and we are also providing pricing for ail 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—I'lease see the attached revised bid forns, 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—11lease provide two diff-exent totalls and make a c ear distincfioil betwe(m the standard and aiternate Nd 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. littt)s:HwNvNv,.deriiaii(ist,,,it-.cotil/,,Ii)1���/��s��/florida/citv oaf i)lai!itat.ioti-r)toctit�e�iietit-divis,iotilkii-ocureti�ieiit- onoortunities/9b6d I 3,tb-3874-4291-96051-81 cf,()3!87a40/ 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.plantat.ion.org 1825 AMENDMENT NNEINUMOMMMMMIMMMM 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 700' 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 1.6, 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(1")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. 1TB No.072-22;Asphalt Rejuvenation Project—Term Contract Page 11 1826 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 rAgr l 16,21125. SECTION 3. SECTION 3,3.2(B)CONTRACTOR'S COMPENSATION (SEE EXHIBIT E) BASED.BID A D er t escription _ .. _.. _.._...— P SQ YD Cos ............. _... ...... ......__ _---�...�.....-....._... .u..____.._._..mm............ atio --Reelamite Approximately 615,000 square yards annually construction sealing with asphalt-rejuvenating agent $L21 SY furnished and a plied. BASED BID B Description Per SQ YD Cost Bid Alternate#1 Approximately 615,000 square yards annually construction sealing with asphalt-rejuvenating agent $2.49 SY furnished and applied. _ THIS SECTION WAS INTENTIONALLY LEFT BLANK ITB No.072-22;Asphalt Rejuvenation Project—Term Contract page 2 1827 AMENDMENT SECTION 4. PUBLIC AGENCY CONTRACTING This section is hereb incar crated into this A reement b 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 party 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) l. 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 Page 3 1828 AMENDMENT �ECTION 5. PROHIBITION AGAINST CONSIDERATION OF SOCIAL, POLITICAL OR IDEOLOGICAL INTERESTS This section is herebljpcor A,reement by execution of this Amendment. jj�olrated into thisAc. --- CONTRACTOR is hereby notified of the provisions of section 287.0570 1,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 hereb incar crated into this A xreement 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 JT13 No.072-22;Asphalt Rejuvenation Project—Term Contract Page E 4 1829 AAMNDMENT 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 Page 5 1830 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: 5 CITY OF PLANTATION April B tbW,�Gi ,,der , A,A r By: -48 t A U" Org"Inized N i c k%lo r ta 1, 14-yor April 30, 95 3) As to Procurement: Charle S encer,Pr,D cureme Director Signed, Scaled in the presence of. (C6�pdrate Seal) PAVEMENT TECHNOLOGY,INC. 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 Cl online notarization,this 4th day of March a�n 20 24 by Colin Duran e President ........ as Pavement"i;;ch-n-6i-o—gy7inc. rsa for who has produced as identification. Notary Public Signature: 2gVA, State of Florida at Large(Seal) Print Name: My commission expires: 0"mbiOn Opw NAvay 27.202� JTB No.072-22;Asphalt Rejuvenation Project—Term Contract Page 6 1831 AMENDMENT SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PLANTATION AND PAVEMENT TECHNOLOGY,INC. FOR ASPHALT REJUVENATION PROJECT THIS SECOND AMENDMENT to Agreement No. 072-22 For Asphalt Rejuvenation Project dated this 29 io(l day of 2025,by and between: CITY OF PLANTATION,FLORIDA a Municipal Corporation 400 North West 701b Avenue Plantation,Florida 33317 (Hereinafter referred to as"CITY') and PAVEMENT TECHNOLOGY,INC. a Ohio 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: 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,on March 11,2024,the Parties exercised the first Option to renew the Agreement for an additional one(1)year period extending the Agreement expiration to April 16,2025;and WHEREAS, the current Agreement is set to expire on April 16, 2025 if not renewed or extended;and WHEREAS,the City entered into negotiations with the Consultant and negotiated a price increase of 2.5%and terms that were as fair and reasonable;and WHEREAS,the CITY has determined that CONTRACTOR has performed in accordance with requirements of the Agreement and wishes to exercise/execute the second(2nli)of(4)four(1) one-year options; WHEREAS,both Parties concur with amending the Agreement to extend the term of the Agreement through April 16,2026. JTB No.072-22;Asphalt Rejuvenation Project—Term Contract Page 1 1832 AMENDMENT WHEREAS, under this Amendment the CITY will also modify this Agreement, to include additional language(s)to align with current Florida Law(s)and Citv's business practices. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of Avhich are acknowledged,the parties agree as follows: SECTION I. 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 aril 1b2026. SECTION 3. SECTION 3,3.2(B)CONTRACTOR'S COMPENSATION The mentioned section shall remain unchanged during this extension/renewal period and is being provided herein as reference to the original executed agreement, with the exception of pricing which has increased by 2.5%. (SEE EXHIBIT E OF ORIGINAL AGREEMENT) BASED BID A _ .. ®..._ Description Per SQ YD Cost Standard SS�dicat ion„ �t919—mite, Approximately 615,000 square yards annually construction sealing with asphalt-rejuvenating agent furnished and aialmlied. m. ..,,..._ ....... --------- ---. w—. BASER!A_kD BB ....... Descriptron Per SQ YD Cost ®.. .. _. _..._.. _ ... iternate to Approximately 615,000 square yards annually construction sealing with asphalt-rejuvenating agent SY furnished and apijhed SECTION 4, 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 Second Amendment will supersede all other terms. In the event of ambiguity, the most conservative interpretation consistent with the public interest is intended. THIS SECTION WAS INTENTIONALLY LEFT BLANK ITB No.072-22;Asphalt Rejuvenation Project—Term Contract Page 2 1833 f AMENDMENT SECTION S. AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS This sectign is hg_Febv.JJ!LcorVRi:yted into t4LsAjkregmeg�tXe tiqnofthi _AiV!Lndq1ent In accordance with section 787.06(13),Florida Statutes,the undersigned,on behalf ofthe entity listed below("Entity"),hereby attests under penalty of perjury that: A. The Entity does not use coercion for labor or services as defined in Section 787.06,Florida Statutes,entitled"Human Trafficking". B. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. SEC'KIQN k.This Second Amendment shall become effective on April 16, 2025. THIS SECTION WAS INTENTIONALLY LEFT BLANK ITB No.072-22- Asphalt Rejuvenation Project—Term Contract Page 3 1834 f 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 A rrl Be ,ew.Mrow CITY OF PLANTATION p g City..CI 1, r ' By: .m...._ ....-. ()r��R���i�„e Nick Sartori,Mayor Aril ("), 1953 1 As to Pr yen .. _ ........_ arl s Pro,ro, rem t Director Signed,Sealed in the presence of: PAVEMENT TECHNOLOGY,INC. (Corporate Seal) a Ohio Corporation Bi ,, y Colin Durant l m c te,President,.,°°"+,.C 4 . STATE OF _-v_ww . .w......__. _. m r ° COUNTY OF -Cuyahoga The foregoing instrument was acknowledged before me,by means of*physical presence or❑online notarization,this 27th day of February 2025 by Colin Durante as for who has produced g >whr� �s personally known to �)r President of Pa me p _ ced _M )—Zzstate tion. vement ec no o y° nc .„ . .. Notary Public Signatu^ �� ;-- of Florida at Large(Seal) Print Name: Barbara Ann Wolf-Mod'is My commission expires: tlribrnMnWl'rk#k� Ndvyft 8tfts10Ne . OAyCan»3riWe E�4es:Mi�d�01,�t1 ITB No.072-22;Asphalt Rejuvenation Project—Term Contract Page 4 1835 AMENDMENT SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF PLANTATION AND PAVEMENT TECHNOLOGY,INC. FOR ASPHALT REJUVENATION PROJECT THIS SECOND AMENDMENT to Agreement No. 072-22 For Asphalt Rejuvenation Project dated this 29 io(l day of 2025,by and between: CITY OF PLANTATION,FLORIDA a Municipal Corporation 400 North West 701b Avenue Plantation,Florida 33317 (Hereinafter referred to as"CITY') and PAVEMENT TECHNOLOGY,INC. a Ohio 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: 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,on March 11,2024,the Parties exercised the first Option to renew the Agreement for an additional one(1)year period extending the Agreement expiration to April 16,2025;and WHEREAS, the current Agreement is set to expire on April 16, 2025 if not renewed or extended;and WHEREAS,the City entered into negotiations with the Consultant and negotiated a price increase of 2.5%and terms that were as fair and reasonable;and WHEREAS,the CITY has determined that CONTRACTOR has performed in accordance with requirements of the Agreement and wishes to exercise/execute the second(2nli)of(4)four(1) one-year options; WHEREAS,both Parties concur with amending the Agreement to extend the term of the Agreement through April 16,2026. JTB No.072-22;Asphalt Rejuvenation Project—Term Contract Page 1 1836 AMENDMENT WHEREAS, under this Amendment the CITY will also modify this Agreement, to include additional language(s)to align with current Florida Law(s)and Citv's business practices. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and adequacy of Avhich are acknowledged,the parties agree as follows: SECTION I. 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 aril 1b2026. SECTION 3. SECTION 3,3.2(B)CONTRACTOR'S COMPENSATION The mentioned section shall remain unchanged during this extension/renewal period and is being provided herein as reference to the original executed agreement, with the exception of pricing which has increased by 2.5%. (SEE EXHIBIT E OF ORIGINAL AGREEMENT) BASED BID A _ .. ®..._ Description Per SQ YD Cost Standard SS�dicat ion„ �t919—mite, Approximately 615,000 square yards annually construction sealing with asphalt-rejuvenating agent furnished and aialmlied. m. ..,,..._ ....... --------- ---. w—. BASER!A_kD BB ....... Descriptron Per SQ YD Cost ®.. .. _. _..._.. _ ... iternate to Approximately 615,000 square yards annually construction sealing with asphalt-rejuvenating agent SY furnished and apijhed SECTION 4, 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 Second Amendment will supersede all other terms. In the event of ambiguity, the most conservative interpretation consistent with the public interest is intended. THIS SECTION WAS INTENTIONALLY LEFT BLANK ITB No.072-22;Asphalt Rejuvenation Project—Term Contract Page 2 1837 f AMENDMENT SECTION S. AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS This sectign is hg_Febv.JJ!LcorVRi:yted into t4LsAjkregmeg�tXe tiqnofthi _AiV!Lndq1ent In accordance with section 787.06(13),Florida Statutes,the undersigned,on behalf ofthe entity listed below("Entity"),hereby attests under penalty of perjury that: A. The Entity does not use coercion for labor or services as defined in Section 787.06,Florida Statutes,entitled"Human Trafficking". B. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. SEC'KIQN k.This Second Amendment shall become effective on April 16, 2025. THIS SECTION WAS INTENTIONALLY LEFT BLANK ITB No.072-22- Asphalt Rejuvenation Project—Term Contract Page 3 1838 f 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 A rrl Be ,ew.Mrow CITY OF PLANTATION p g City..CI 1, r ' By: .m...._ ....-. ()r��R���i�„e Nick Sartori,Mayor Aril ("), 1953 1 As to Pr yen .. _ ........_ arl s Pro,ro, rem t Director Signed,Sealed in the presence of: PAVEMENT TECHNOLOGY,INC. (Corporate Seal) a Ohio Corporation Bi ,, y Colin Durant l m c te,President,.,°°"+,.C 4 . STATE OF _-v_ww . .w......__. _. m r ° COUNTY OF -Cuyahoga The foregoing instrument was acknowledged before me,by means of*physical presence or❑online notarization,this 27th day of February 2025 by Colin Durante as for who has produced g >whr� �s personally known to �)r President of Pa me p _ ced _M )—Zzstate tion. vement ec no o y° nc .„ . .. Notary Public Signatu^ �� ;-- of Florida at Large(Seal) Print Name: Barbara Ann Wolf-Mod'is My commission expires: tlribrnMnWl'rk#k� Ndvyft 8tfts10Ne . OAyCan»3riWe E�4es:Mi�d�01,�t1 ITB No.072-22;Asphalt Rejuvenation Project—Term Contract Page 4 1839