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HomeMy WebLinkAbout11/12/2025 Agreement DATE: November 18, 2025 TO: Judith Clarke, PE, Director Engineering/Roads & Bridges ATTN: Samantha Yeoman Executive Assistant FROM: Brynn Morey, Deputy Clerk SUBJECT: November 12, 2025 BOCC Meeting The following item has been executed and added to the record: F17 Approval of contract with Pavement Technology, Inc. in the not to exceed amount of $560,663.52 for application of Reclamite Asphalt Rejuvenation Agent on county- maintained roads from Cudjoe Key to Little Torch Key and in Tavernier to extend the life of the asphalt. This contract is being procured utilizing competitively bid pricing under a joint cooperative bid for City of Plantation, Florida. The contract price is $1.24 per square yard of pavement treated. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 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 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 PreservationProject. 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 unrestin 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 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 $1.2 per Square Yard of asphalt pavement treated, for a totalnot to exceed amount ofFiveHundredSixty Thousand, Dollars and Cents ($56) (“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 $1.2 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. all indicate the amount of the Work completed as of the end of the 5.5 Invoices for Payment sh 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: 5.6.1Take 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 5.6.3Subtract amounts, if any, for which the Owner has withheld or nullified a Certificate for Payment. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-Five percent (95%) of the Contract Sum, less such amounts as the Owner recommends and determines for incomplete Work and unsettled claims. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor’s responsibility to correct nonconforming Work and to satisfy other requirements, if any, which necessarily survive final payment: and (2) a Final Project Certificate for Payment has been issued by the Project Manager: such final payment shall be made by the Owner not more than 20 days after the issuance of the Final Project Certificate for Payment. ARTICLE 7 Insurance 7.1 Prior to commencement of work the Contractor will provide satisfactory evidence of insurance in the form of Certificates of Insurance as required in the Insurance Statement. 7.2 The Contractor shall name the Monroe County Board of County Commissioners, its employees and officials as “Additional Insured” on all policies except for Worker’s Compensation. Insurance Statement The Insurance requirements are as follows: Insurance Requirement Limits Worker’s Compensation Statutory Limits Employer’s LiabilityWC3 $1,000,000/$1,000,000/$1,000,000 eneral LiabilityGL3 G $ 1,000,000 Combined Single Limit $500,000 per person; $1,000,000 per Vehicle LiabilityVL3 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 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)RighttoAudit: AvailabilityofRecords.TherecordsofthepartiestothisAgreement 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 (includingproposalsofsuccessfulandunsuccessfulbidders,bidrecaps,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 andamounts through interviews and written confirmationswithemployees,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. 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, 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. l) 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. 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@MONROECOUNTY-FL.GOV, MONROE COUNTY TH ATTORNEY’S OFFICE 1111 12 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. 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, 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 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. E-Verify System - Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor 8.9 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 Terminationfor Cause 9.1.1 Contractor or Owner, may terminate this agreement, for cause, after providing Written Notice of the default and if said default is not cured within 15 days, the agreement may be terminated upon five (5) additional days’ Written Notice. 9.2 Termination for Convenience and suspension by Owner 9.2.1Contractor or Owner may terminate this agreement, without cause, upon providing 30 days Written Notice. 9.2.2The 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 10.3.1The 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. 10.4.2All traffic control signs and devices, barricades, flashers, flambeaus and similar devices shall be furnished and maintained by the Contractor. 10.4.3Work 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. 10.6.3If the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Owner, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs. ARTICLE 11 PROTECTION OF PERSONS AND PROPERTY 11.1 Safety Precautions and Programs 11.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. 11.2 Safety of Persons and Property 11.2.1 The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: 1. employees on the Work and other persons who may be affected thereby; 2. the Work and materials and equipment to be incorporated therein, whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor’s Subcontractors or Sub- subcontractors; 3. other property at the site or adjacent thereto, such as trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of Work; and 4. Work or operations by the Owner or other Contractors. 11.2.2 The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, 11.3 Emergencies 11.3.1 In an emergency affecting safety of persons or property, the Contractor shall act, at the Contractor’s discretion, to prevent threatened damage, injury or loss. Additional compensation or extension of time claimed by the Contractor on account of an emergency shall be determined by the Owner. Article 12 Change Orders 12.1 Description: A Change Order is a written instrument prepared by the Owner and signed by the Owner and Contractor stating their agreement upon all of the following: 1. A change in the work 2. The amount of the adjustment in the contract Sum, if any; and 3. The extent of the adjustment in the Contract Time, if any. 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 ora change in the Contract Timeof Completion, theDirector 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 Directorof 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 desiredobjective. 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. Attachment A Scope of Work 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: AsphaltRejuvenationProject-Term Contract Agreement No. 072-22 Dear Ms. Clarke: ® We are pleased to offer our proposal to apply ReclamiteAsphalt Rejuvenator to streets located in Monroe County, Florida. Enclosed find verification of our contract with The City of Plantation, Florida for the ® application of ReclamiteAsphalt 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@pavetechinc.com Enclosure cc: Chris Evers John J. Schlegel 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 Reclamiteasphalt rejuvenator to the streets listed below. 2020 Retreats Square Street From To Yards Amount Sunny LnColson Dr Sawyer Dr 716 $887.84 Colson DrU.S. 1Dead End 3,336 $4,136.64 First Ave Drost Dr Dead End 993 $1,231.32 Lookdown Ln Cutthroat DrDead End 3,467 $4,299.08 Blimp RdU.S. 1Pavement Change 12,756 $15,817.44 Sacarma Dr U.S. 1Dead End 1,140 $1,413.60 Redfish Ln Cutthroat DrDead End 3,022 $3,747.28 Tortuga LnJolly Roger Dr Dead End 740 $917.60 Sawyer DrU.S. 1Dead End 8,622 $10,691.28 Pieces of Eight Rd Barataria RdYard 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. 1Dead End 2,833 $3,512.92 Cutthroat Dr U.S. 1Jolly Roger Dr 2,638 $3,271.12 Baracoa Rd Pieces of Eight Rd Dead End 971 $1,204.04 Bluegill Ln Cutthroat DrDead 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 CirSpanish Main Dr Puerto Bello Dr 2,704 $3,352.96 Hakluyt Ln Puerto Bello Dr Dead End 1,331 $1,650.44 Spanish Main Dr U.S. 1Dead End 17,133 $21,244.92 Sharp Ln Spanish Main Dr Dead End 1,098 $1,361.52 De Lussan LnPuerto Bello DrDead End1,449$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 RdPieces of Eight RdDead End426$528.24 Cutlass LnJolly 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 LnJolly Roger Dr Dead End 1,293 $1,603.32 La Fitte DrCutthroat DrDead End 5,291 $6,560.84 Puerto Bello DrSpanish Main Dr Hakluyt Ln 4,762 $5,904.88 Henry St U.S. 1Mary 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 LnPuerto Bello Dr Dead End 1,544 $1,914.56 Picard LnPuerto Bello Dr Dead End 856 $1,061.44 Privateer Dr Cutthroat DrSpanish Main Dr 2,884 $3,576.16 Cudjoe Dr Spanish Main Dr Cutthroat Dr 2,889 $3,582.36 Port Royal LnSpanish Main Dr Dead End 1,589 $1,970.36 Capt Kidd Ln Spanish Main Dr Dead End 696 $863.04 Rogers Ln Puerto Bello Dr Dead End 1,144 $1,418.56 Thatch LnPuerto Bello Dr Dead End 1,500 $1,860.00 Teach Ln Spanish Main Dr Dead End 916 $1,135.84 Tarpon LnSpanish Main Dr Dead End 1,738 $2,155.12 Sailfish LnSpanish 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 DrDead End 762 $944.88 Snapper LnSpanish Main Dr Dead End 1,782 $2,209.68 7th StOcean Dr6th Street 1,162 $1,440.88 5th St4th St Dead End 1,510 $1,872.40 Blackbeard Ln Cutthroat DrDead End 2,442 $3,028.08 Wahoo LnSpanish 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 LnSpanish Main Dr Dead End 429 $531.96 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 Gasparilla Ln Spanish Main Dr Dead End 844 $1,046.56 Long Ben LnSpanish Main DrDead End1,138$1,411.12 Isles Blvd Flagship Dr Caribbean Dr East2,787 $3,455.88 Horace St U.S. 1Center Road1,236 $1,532.64 Gulf DrIsles BlvdDead End3,267$4,051.08 Flagship Dr Isles Blvd Dead End 3,474 $4,307.76 Center St Horace StDead 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 St702 $870.48 Bay Dr Isles Blvd Dead End 3,556 $4,409.44 Hudgins Dr Sunset BlvdDead End 1,700 $2,108.00 42nd St John St 43rd St444 $550.56 Lake Dr South Airport Dr North Dead End 540 $669.60 2nd StEast Shore Dr Dead End 1,729 $2,143.96 1st St East Shore Dr Dead End 622 $771.28 Northside DrHorace StDead End 1,836 $2,276.64 John StHenry St Dead End 1,531 $1,898.44 Caribbean Dr U.S. 1Caribbean Dr E & W507 $628.68 Caribbean Dr EastCaribbean 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 St1,365 $1,692.60 41st St West Shore Dr Katherine St1,300 $1,612.00 Ocean Dr U.S. 1Dead End 9,081 $11,260.44 Katherine StMargaret St 41st St 536 $664.64 40th St Katherine St 41st St 1,131 $1,402.44 46th St 45th St Elizabeth St 2,026 $2,512.24 Lesrohde DrMariposa RdDead End 2,096 $2,599.04 East Shore Dr (SR 942)U.S. 1Ocean Dr 10,140 $12,573.60 Calle Real Ocean DrDead End 381 $472.44 Calle Colombia Ocean DrCalle Bogota 469 $581.56 Calle BogotaCalle ColombiaDead 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. 1Ocean Dr 13,143 $16,297.32 Margaret St Katherine St East Shore Dr 1,287 $1,595.88 Munson Ave U.S. 1Mariposa 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. 1Dead End 7,990 $9,907.60 Barbados LnWest Indies Dr Dead End 1,756 $2,177.44 Anguila Ln West Indies Dr Dead End 1,562 $1,936.88 Barbuda Ln West Indies Dr Dead End 1,569 $1,945.56 Brown DrMariposa RdDead End2,874$3,563.76 Angelfish Rd Munson AveCoral Ave1,427 $1,769.48 Hunt Ln West Shore Dr Dead End 1,687 $2,091.88 Angelfish RdCoral AveDead End1,836$2,276.64 Palm Ln West Shore Dr Dead End 1,542 $1,912.08 Sunset Blvd Ocean DrDead End 765 $948.60 Coral AveU.S. 1Dead End 8,024 $9,949.76 Mako Ave Johnson RdUS 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 AveCoral Ave1,036 $1,284.64 St. Lucie Ln West Indies Dr Dead End 1,664 $2,063.36 St. Vincent LnWest Indies Dr Dead End 1,793 $2,223.32 Tobago LnWest Indies Dr Dead End 1,611 $1,997.64 West Indies DrU.S. 1Dead End 20,580 $25,519.20 St. Croix Ln West Indies Dr Dead End 1,562 $1,936.88 Tarpon Terr Barracuda DrDead End 944 $1,170.56 Bay Shore Dr Johnson St Pruitt Dr4,324 $5,361.76 Johnson Rd Mako Ave Bay Shore Dr 3,071 $3,808.04 Dolphin Rd Coral Ave Dead end2,150 $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 LnWest Indies Dr Dead End 1,704 $2,112.96 Cayman Ln West Indies Dr Dead End 1,556 $1,929.44 Astrangia Ave Bayview DrDead End 816 $1,011.84 Pine Channel DrLobster Tail TrDead End 2,189 $2,714.36 Lobster Tail Tr State Road 4A Pine Channel Dr1,673 $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 RdMills Rd Gato Road 2,142 $2,656.08 Porgie PathBarracuda DrDead End 767 $951.08 Martinique Ln West Indies Dr Dead End 2,420 $3,000.80 Sea Whip St Bayview DrDead 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 Snapper LnBarracuda DrDead End 842 $1,044.08 State Road 4A Lobster Trail Dr Dead end643 $797.32 Antigua Ln West Indies Dr Dead End 2,107 $2,612.68 Guadaloupe LnWest Indies DrDead End2,144$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 DrState Rd 4APorgie Path1,780$2,207.20 Blackbeard RdLe Grand Rd Dead End 7,533 $9,340.92 Buccaneer Rd La FItte Rd Dead End 576 $714.24 Capt Kidd RdLa Fitte Rd Dead End 340 $421.60 La Fitte Rd Le Grand Rd Dead End 7,582 $9,401.68 Dorothy AveState Road 4A Aloha Dr 1,978 $2,452.72 Mills RdU.S. 1Gato Rd 1,958 $2,427.92 Gato Rd State Road 4A Gato Ln2,493 $3,091.32 Helen AveState 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 RdU.S. 1Jolly Roger Dr 10,404 $12,900.96 Barry Ave U.S. 1North Dead End 7,858 $9,743.92 Peg Leg RdLa Fitte Rd Dead End 922 $1,143.28 Doubloon RdLa 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 DrU.S. 1U.S. 1 2,778 $3,444.72 Tavern DrAtlantic Cir Dr Atlantic Cir Dr1,344 $1,666.56 Ocean View DrU.S. 1End 2,033 $2,520.92 Tarpon St Atlantic Cir Dr Sunrise Dr 1,933 $2,396.92 Sunrise DrU.S. 1End 2,700 $3,348.00 Tavernier Tr N Sunrise DrSunrise Dr 600 $744.00 Lowe St U.S. 1End 3,356 $4,161.44 Beach RdLowe St End 4,022 $4,987.28 Coconut Row U.S. 1Tavernier 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 Blvd789 $978.36 Ocean Blvd U.S. 1Lincoln Ave1,100 $1,364.00 Total452,148 $560,663.52 Our price is inclusive of traffic control, notification of residents and all labor and material necessary to complete the workin accordance with The City of Plantationcontract specifications. Actual field measurements will determine final quantities. ® Thank you for your continued interest in pavement preservation with Reclamite. Sincerely, Chris Evers cevers@pavetechinc.com County Forms Between And For OFFICE OF THE MAYOR CITY COUNCIL Nick Sortal Jennifer Andreu, President Mayor Timothy J. Fadgen, President Pro Tem Erik Anderson PROCUREMENT DEPARTMENT Denise Horland Charles Spencer, NIGP-CPP Louis Reinstien Director March30, 2023 Colin Durante Pa Technology, Inc 24144Detroit Toad Westlake,OH44145 Email:dcancelliere@pavetechinc.com RE:ITB No.072-22; AsphaltRejuvenation Project-Term Contract DearColin Durante: This letter is to informyouthat the City of Plantation-City Council-authorized and approved the following on Consent Agenda Item No.8during theirMarch 29,2023meeting. Approval to executea 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) additionalone (1) year periods, provided Contractoralso 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.-1Ti Pollution-Remediating Maltene Asphalt Rejuvenator) $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 registeras 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, Charles Spencer, NIGP-CPP Procurement Director ESpencer@Plantation.org 22ui!Nbsdi EBUF!)NN0EE0ZZZZ* DFSUJGJDBUF!PG!MJBCJMJUZ!JOTVSBODF UIJT!DFSUJGJDBUF!JT!JTTVFE!BT!B!NBUUFS!PG!JOGPSNBUJPO!POMZ!BOE!DPOGFST!OP!SJHIUT!VQPO!UIF!DFSUJGJDBUF!IPMEFS/!UIJT DFSUJGJDBUF!EPFT!OPU!BGGJSNBUJWFMZ!PS!OFHBUJWFMZ!BNFOE-!FYUFOE!PS!BMUFS!UIF!DPWFSBHF!BGGPSEFE!CZ!UIF!QPMJDJFT CFMPX/!!UIJT!DFSUJGJDBUF!PG!JOTVSBODF!EPFT!OPU!DPOTUJUVUF!B!DPOUSBDU!CFUXFFO!UIF!JTTVJOH!JOTVSFS)T*-!BVUIPSJ\[FE SFQSFTFOUBUJWF!PS!QSPEVDFS-!BOE!UIF!DFSUJGJDBUF!IPMEFS/ JNQPSUBOU;!!Jg!uif!dfsujgjdbuf!ipmefs!jt!bo!BEEJUJPOBM!JOTVSFE-!uif!qpmjdz)jft*!nvtu!ibwf!BEEJUJPOBM!JOTVSFE!qspwjtjpot!ps!cf!foepstfe/ Jg!TVCSPHBUJPO!JT!XBJWFE-!tvckfdu!up!uif!ufsnt!boe!dpoejujpot!pg!uif!qpmjdz-!dfsubjo!qpmjdjft!nbz!sfrvjsf!bo!foepstfnfou/!!B!tubufnfou!po uijt!dfsujgjdbuf!epft!opu!dpogfs!sjhiut!up!uif!dfsujgjdbuf!ipmefs!jo!mjfv!pg!tvdi!foepstfnfou)t*/ DPOUBDU QSPEVDFS OBNF; GBY QIPOF )B0D-!Op*; )B0D-!Op-!Fyu*; F.NBJM BEESFTT; JOTVSFS)T*!BGGPSEJOH!DPWFSBHFOBJD!$ JOTVSFS!B!; JOTVSFE JOTVSFS!C!; JOTVSFS!D!; JOTVSFS!E!; JOTVSFS!F!; JOTVSFS!G!; DPWFSBHFTDFSUJGJDBUF!OVNCFS;SFWJTJPO!OVNCFS; UIJT!JT!UP!DFSUJGZ!UIBU!UIF!QPMJDJFT!PG!JOTVSBODF!MJTUFE!CFMPX!IBWF!CFFO!JTTVFE!UP!UIF!JOTVSFE!OBNFE!BCPWF!GPS!UIF!QPMJDZ!QFSJPE JOEJDBUFE/!!OPUXJUITUBOEJOH!BOZ!SFRVJSFNFOU-!UFSN!PS!DPOEJUJPO!PG!BOZ!DPOUSBDU!PS!PUIFS!EPDVNFOU!XJUI!SFTQFDU!UP!XIJDI!UIJT DFSUJGJDBUF!NBZ!CF!JTTVFE!PS!NBZ!QFSUBJO-!UIF!JOTVSBODF!BGGPSEFE!CZ!UIF!QPMJDJFT!EFTDSJCFE!IFSFJO!JT!TVCKFDU!UP!BMM!UIF!UFSNT- FYDMVTJPOT!BOE!DPOEJUJPOT!PG!TVDI!QPMJDJFT/!MJNJUT!TIPXO!NBZ!IBWF!CFFO!SFEVDFE!CZ!QBJE!DMBJNT/ BEEMTVCS QPMJDZ!FGGQPMJDZ!FYQ JOTS UZQF!PG!JOTVSBODFMJNJUT QPMJDZ!OVNCFS MUS)NN0EE0ZZZZ*)NN0EE0ZZZZ* JOTEXWE DPNNFSDJBM!HFOFSBM!MJBCJMJUZ FBDI!PDDVSSFODF% EBNBHF!UP!SFOUFE DMBJNT.NBEFPDDVS% QSFNJTFT!)Fb!pddvssfodf* NFE!FYQ!)Boz!pof!qfstpo*% QFSTPOBM!'!BEW!JOKVSZ% HFO(M!BHHSFHBUF!MJNJU!BQQMJFT!QFS;HFOFSBM!BHHSFHBUF% QSP. 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