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R24-031 1 RESOLUTION NO. R24-031 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING THE PIGGYBACK UTILIZING THE CITY OF PLANTATION, FL. 6 BID NO. 072-22 AND AUTHORIZE THE CITY MANAGER TO SIGN AN 7 AGREEMENT WITH PAVEMENT TECHNOLOGY, INC., OF WESTLAKE, 8 OHIO, FOR ASPHALT REJUVENATION SERVICES WITH AN ESTIMATED 9 ANNUAL COST OF $150,000.00;AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the Construction Services Division is seeking consent to piggyback this 13 contract and establish an agreement with Pavement Technology, Inc. to provide Asphalt 14 Rejuvenation Services at designated streets within the City of Boynton Beach at the level of 15 service that users expect; and 16 WHEREAS, the Department would like to piggyback the City of Plantation, FL. Bid No. 17 072-22, which meets the City of Boynton Beach procurement requirements; and 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, deems it to be in 19 the best interests of the citizens and residents of the City of Boynton to approve the piggyback 20 utilizing the City of Plantation, FL. Bid No. 072-22 and Authorize the City Manager to sign an 21 agreement with Pavement Technology,Inc. of Westlake, Ohio,for Asphalt Rejuvenation Services 22 with an estimated annual cost of $150,000.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission hereby approves the piggyback utilizing the City of 30 Plantation, Florida, Bid No. 072-22, and authorizes the City Manager to sign an Agreement with 31 Pavement Technology, Inc., of Westlake, Ohio, for Asphalt Rejuvenation Services with an 32 estimated annual cost of $150,000.00. A copy of the Agreement is attached hereto and 33 incorporated herein by reference as Exhibit "A." S:\CC\WP\CCAGENDA\2024\02-06-2024 CC\R24-031 Piggy-Back_-_City_Of Plantation Asphalt_Rejuvenation_- Reso.Docx 34 Section 3. This Resolution shall become effective immediately upon passage. 35 36 PASSED AND ADOPTED this 6th day of February 2024. 37 CITY OF BOYNTON BEACH, FLORIDA 38 YES NO 39 40 Mayor—Ty Penserga 41 42 Vice Mayor—Thomas Turkin 43 / 44 Commissioner—Angela Cruz ✓ 45 46 Commissioner—Woodrow L. Hay 47 ✓ 48 Commissioner—Aimee Kelley 49 50 VOTE S —o 51 ATTEST: 52 53 54 4. I 111111 55 Mayle D- Jesus, 'A, MMC Ty 7 terga 56 City Cler r F B0Yl1/j``AN M.or 57 i'`, •GO1 7,13, 6�11�1 58 f (' SEAL • �iA PPROVED AS TO FORM: i INCORp ' 59 �� 19RATED: , 60 (Corporate Seal) y • • ., 0 ezio 61 .1, Az ...... aiham4 62 Shawna G. Lamb 63 City Attorney S:\CC\WP\CCAGENDA\2024\02-06-2024 CC\R24-031 Piggy-Back_=City_Of Plantation_Asphalt_Rejuvenation - Reso.Docx c,t Y O'c r, �- _ U OHP rod e. . PIGGYBACK AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND PAVEMENT TECHNOLOGY, INC. stivl This Piggyback Agreement is made as of this (ft day of February, 2024 by and between PAVEMENT TECHNOLOGY, INC., with a principal address of 24144 Detroit Road, Westlake, Ohio 44145, hereinafter referred to as "Vendor," and the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida,with a business address of 100 East Ocean Avenue, Boynton Beach,Florida 33435,hereinafter referred to as "City." RECITALS WHEREAS, on April 17, 2023, the City of Plantation, a Florida Municipal Corporation, issued an"Invitation to Bid" (ITB)to solicit responses from qualified firms with expertise in the provision all operations for the application of an asphalt-rejuvenating agent to asphaltic concrete surfaces for which it received a total of one(1)response; and WHEREAS, the City of Plantation found Pavement Technology, Inc. ("Vendor"), to be the lowest responsive, responsible bidder, and awarded it a one (1) year agreement, Agreement No. 072-22 (the "Master Agreement"), commencing April 17, 2023, with four(4) additional one- year renewal options; and WHEREAS,the City desires to obtain similar asphalt rejuvenation services; and WHEREAS,the City's Purchasing Policy Section X—Alternatives to Formal Sealed Bids, provides authority for the City to acquire or contract for services without utilizing a sealed competitive method or the written quotations methods where the desired services are the subject of an agreement that utilizes another government entity's contract,provided that the contract was awarded based strictly on competitive bidding; and WHEREAS, in order to maintain and prolong the life the roadways within the City, the City's Construction Services Division is requesting the City enter into a Piggyback Agreement with Vendor to provide asphalt rejuvenation services ("Services"); and WHEREAS, the Vendor has provided the City with a proposal for Services, attached as Exhibit"A;"and WHEREAS,the City and Vendor have agreed to allow the City to piggyback the Master Agreement, a copy of which is attached as Exhibit"B." Piggyback Contract—Pavement Technology,Inc. 1 NOW,THEREFORE,in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged,the parties agree as follows: AGREEMENT 1. The foregoing recitals are true and correct and are hereby incorporated into this Agreement. 2. TERM: The term of this Agreement commences on February 7, 2024, and will remain in effect until April 16, 2024, with four (4) one-year renewal options ("Term"). The initial term and any subsequent renewals of this Agreement are subject to the renewal or extension of the Master Agreement. If the Master Agreement expires or is terminated during the Term, this Agreement shall terminate no later than six months after such expiration or termination of the Master Agreement. 3. CONTRACT TERMS: The Vendor agrees to complete the Services, as provided in Vendor's Proposal attached as Exhibit "A" on the same terms and in the same manner as set forth in the Master Agreement, except as otherwise provided herein. All recitals, representations, and warranties of Vendor made by Vendor in the Master Agreement are restated as if set forth fully herein,made for the benefit of the City,and incorporated herein, except that all references to the "City of Plantation"are hereby replaced with the"City of Boynton Beach." The City shall compensate Vendor pursuant to the rates set forth in the Master Agreement for the Services in an annual amount not to exceed$150,000.00. 4. NOTICES: All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561)742-6010/Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach,Florida 33425 Telephone: (561)742-6010/Facsimile: (561) 742-6090 5. INVOICES AND PAYMENT: Invoices must identify the PO number and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach,FL 33425. Piggyback Contract—Pavement Technology,Inc. 2 Invoices shall show the nature of the service and dates(s) of service. Invoices based on hourly rates shall show the actual hours worked,person performing services,nature of the service,hourly rate,and dates(s)of service. Invoices may be submitted no more frequently than monthly. However, all services rendered prior to September 30th of any given year are required to be invoiced by September 30th of that year.Vendor shall provide W-9 with first invoice. The fee shall be paid based on receipt of a proper invoice in accordance with the invoice schedule indicated above. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Vendor,either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Vendor of liability for the defective, faulty or incomplete rendition of the Services. 6. TAX EXEMPT: Prices applicable to City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. Upon request, City will provide Vendor with proof of tax- exempt status. 7. SOVEREIGN IMMUNITY: Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive City's rights and immunities under the common law or section 768.28,Florida Statutes, as may be amended. 8. ATTORNEY'S FEES: In the event that either Party brings suit for enforcement of the Agreement, each Party shall bear its own attorney's fees and court costs. 9. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Vendor shall comply with Florida's Public Records Law. Specifically,the Vendor shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Vendor shall destroy all copies of such confidential and exempt records remaining in its possession once the Vendor transfers the records in its possession to the City; and Piggyback Contract—Pavement Technology,Inc. 3 D. Upon completion of the contract, Vendor shall transfer to the City, at no cost to the City, all public records in Vendor's possession All records stored electronically by Vendor must be provided to the City,upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CitvClerk( bbfl.us 10. SCRUTINIZED COMPANIES - 287.135 AND 215.473: By execution of this Agreement, Vendor certifies that Vendor is not participating in a boycott of Israel. The Vendor further certifies that Vendor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Vendor been engaged in business operations in Syria. Subject to limited exceptions provided in state law,the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Vendor of the City's determination concerning the false certification. The Vendor shall have five (5). days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Vendor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Vendor does not demonstrate that the City's determination of false certification was made in error, then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 11.E-VERIFY: Vendor shall comply with Section 448.095, Fla. Stat., `Employment Eligibility," including the registration and use of the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095,Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Agreement is terminated for a violation of the statute by Vendor, Vendor may not be awarded a public contract for a period of one (1) year after the date of termination. 12.DISPUTES: Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a Piggyback Contract—Pavement Technology,Inc. 4 court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 13.EXECUTION OF THE AGREEMENT: This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts,which together shall constitute one and the same agreement among the parties.A facsimile signature shall constitute an original signature for all purposes. Each person signing this Agreement on behalf of either Party individually warrants that he or she has full legal power to execute the Addendum on behalf of the Party for whom he or she is signing and to bind and obligate such Party with respect to all provisions contained in this Agreement 14. TERMINATION FOR CONVENIENCE: This Agreement may be terminated by the City for convenience upon fourteen(14)calendar days of written notice by the terminating party to the other party for such termination in which event the Vendor shall be paid its compensation for services performed to the termination date,including services reasonably related to termination. In the event that the Vendor abandons the Agreement or causes it to be terminated, the Vendor shall indemnify the City against loss pertaining to this termination. 15. TERNIINATION FOR CAUSE: In addition to all other remedies available to City, this Agreement shall be subject to cancellation by City for cause, should Vendor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained,if such neglect or failure shall continue for a period of thirty(30) calendar days' after receipt by Vendor of written notice of such neglect or failure. 16.INDEMNIFICATION: Vendor shall indemnify and hold harmless the City, its elected and appointed officers, agents, assigns and employees, consultants, separate Vendors, any of their subcontractors,or sub-subcontractors,from and against claims,demands,or causes of action whatsoever,and the resulting losses, damages,costs, and expenses,including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders, judgments, or decrees, sustained by the City arising out of or resulting from(A)Vendor's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Vendor's, its agents, employees, subcontractors, participants, and volunteers, and (C) Vendor's failure to take out and maintain insurance as required under this Agreement. Vendor's shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits,or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs,judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. 17.INSURANCE: At the time of execution of this Agreement,Vendor shall provide the City with a copy of its Certificate of Insurance reflecting the insurance coverage required by the Master Agreement. The Certificate of Insurance shall name the City of Boynton Beach, and its officers, employees and agents as an additional insured. 18.LIMITATION OF LIABILITY: Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Vendor beyond the amount remaining due to Vendor under the Agreement,regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Vendor for Piggyback Contract—Pavement Technology,Inc. 5 punitive or exemplary damages or for lost profits or consequential damages. 19.INDEPENDENT CONTRACTOR: The Agreement does not create an employee/employer relationship between the Parties. It is the intent of the Parties that Vendor is an independent contractor pursuant to the Agreement and shall not be considered the City's employee for any purpose. 20. COMPLIANCE WITH LAWS: Vendor hereby warrants and agrees that at all times material to the Agreement, Vendor shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes.Non-compliance may constitute a material breach of the Agreement. 21.ASSIGNMENT: In the event this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered, under any circumstances by Vendor, Vendor must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any change of ownership of Company shall constitute an assignment that requires City's approval. Notwithstanding the foregoing, Vendor may,without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all of its assets related to this Agreement. Vendor shall provide City written notice of any such corporate reorganization,consolidation,merger, or sale of substantially all of its assets related to this Agreement within thirty(30) calendar days of such event. 22.AGREEMENT SUBJECT TO FUNDING:The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. Early termination by City due to loss of funding shall not obligate Vendor to refund any prepaid fees. 23.ENTIRE AGREEMENT.The Agreement,including the Master Agreement,sets forth the entire Agreement between the City and the Vendor with respect to the subject matter of this Agreement. This Agreement supersedes all prior and contemporaneous negotiations, understandings,and agreements,written or oral,between the parties. This Agreement may not be modified except by the parties' mutual agreement set forth in writing and signed by the parties. 24. SEVERABILITY.If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. Signature Page to follow Piggyback Contract—Pavement Technology,Inc. 6 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH,FLORIDA o MENT TE HNOL• s;Y,I' C. Daniel Dugger, City Inn �� ( '?nature) Compa , e Susan Durante Print Name of Authorized Official Secretary/Treasurer Title Approved as to Form: . . A47 J a .aosx4 Shawna G. Lamb, City Attorney (Corporate,Seal), •'. • Attest/Authenticated: ‹' Att- ted/Authenticated: 011iitk N'te,fliiLe , (Signature), Witness ,� , Debbie Cancelliere Mayl--Dr`esus, City C -rk Print Name ...---560Y NT NI�,\ 0 i. ,,, A,e......<\57 s/.....' SEAL •_'' • /i INCORPORATED. .. 1920 .E 111 �•... ,'\kFLORIOQ,>e" ms Piggyback Contract—Pavcment.Tcchnology,Inc. 7 Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 January 3, 2024 Mr.Carl Frumenti Project Manager City of Boynton Beach 100 E Ocean Avenue Boynton Beach,FL 33435 RE: Asphalt Rejuvenation Project-Term Contract Agreement No. 072-22 Dear Mr.Frumenti: We are pleased to offer our proposal to apply Reclamite®Asphalt Rejuvenator to streets located in The City of Boynton Beach,FL. Attached 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 The City of Boynton Beach,the contract price of$1.21 per square yard, from April 17,2023 to April 16, 2024,per said contract. We look forward to the opportunity to be of service to you and The City of Boynton Beach. Sincerely, Colin<Durante Colin Durante President cdurante ii?pavetechinc.com Attachment 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 January 3,2024 Mr.Carl Frumenti Project Manager City of Boynton Beach 100 E Ocean Avenue Boynton Beach,FL 33435 Dear Mr.Frumenti: We are pleased to offer our proposal to apply Reclamite®asphalt rejuvenator to the streets listed below. Estimated Square Street From To Yards Amount Plaza Ln Boynton Lakes Blvd Cypress Ave 2,240 $2,710.40 SW/NW 6th St SW 1st Ave(end) NW First Ave(end) 3,168 $3,833.28 SW 4th Ave End(near SW 7th St) End(near SW 6th Ct) 2,300 $2,783.00 NE 4th Ave N Federal Hwy NE 4th St 302 $365.42 SW 22nd St Woolbright Rd SW 23rd Ave 2,133 $2,580.93 NW 1st Ave NW 4th Ave S Seacrest Blvd 5,584 $6,756.64 W Ocean Ave Start S Seacrest Blvd 9,698 $11,734.58 SW 1st Ave SW 4th St S Seacrest Blvd 5,411 $6,547.31 SW 2nd Ave SW 4th St S Seacrest Blvd 5,602 $6,778.42 SW 3rd Ave SW 4th St S Seacrest Blvd 5,547 $6,711.87 NW 4th St NW 1st Ave W Ocean Ave 632 $764.72 SW 4th St W Ocean Ave SW 2nd Ave 1,369 $1,656.49 SW 4th St SW 2nd Ave SW 4th Ave 1,467 $1,775.07 SW 4th Ave SW 4th St SW 1st St 4,400 $5,324.00 SW 3rd Ct W Ocean Ave SW 2nd Ave 1,380 $1,669.80 NW 3rd St W Boynton Beach Blvd W Ocean Ave 1,329 $1,608.09 SW 3rd St W Ocean Ave SW 4th Ave 2,807 $3,396.47 NW 2nd St W Boynton Beach Blvd W Ocean Ave 1,320 $1,597.20 SW 2nd St W Ocean Ave SW 2nd Ave 1,324 $1,602.04 SW 2nd St SW 2nd Ave SW 4th Ave 1,347 $1,629.87 NW 1st St W Boynton Beach Blvd W Ocean.Ave I,320 $1,597.20 SW 1st St W Ocean Ave SW 2nd Ave 1,320. $1,597.20 SW 1st St SW 2nd Ave. SW 4th Ave 1,369, $1,656.49 SW 1st Ct End End 1,453 $1,758.13 SW 4th Ave SW 1st Ct S Seacrest Blvd 796 $963.16 NE 1st Ct E Gateway Blvd NE 26th Ave 6,504 $7,869.84 Total 72,122 $87,267.62 The above pricing includes 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 interest in pavement preservation with Reclamite®. Sincerely, Chris Evers ceversO)pavetechinc.com EXHIBIT B AGREEMENT BETWEEN CITY OF PLANTATION,FLORIDA AND PAVEMENT TECHNOLOGY,INC. Piggyback Contract—Pavement Technology,Inc. 9 CITY OF PLANTATION Plantation ttie grass is.greener AGREEMENT Between THE CITY OF PLANTATION And PAVEMENT TECHNOLOGY, INC For ASPHALT REJUVENATION PROJECT- TERM CONTRACT AGREEMENT NO. 072-22 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 r\ ,2023 by and between the CITY OF PLANTATION,a Florida Municipal Corporation with its principal place of business at 400 NW 73 AVENUE PLANTATION,FL 33317,("City")and PAVEMENT TECHNOLOGY,INC,a Ohio Corporation with its principal place of business at 24144 Detroit Road, Westlake, OH 44145 ("Contractor"). City and Contractor are sometimes individually referred to as "Party"and collectively as"Parties" in this Agreement. 2. RECITALS. 2.1 Contractor. The Contractor shall timely complete the required services to the City as set forth in the terms and conditions in this Agreement. The Contractor represents that it is experienced in providing and furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt-rejuvenating agent to asphaltic concrete surface courses to public clients, is licensed and authorized to do business in the State of Florida,and is familiar with the requirements of the City. 2.2 Service The City desires to engage the Contractor to provide and furnish all labor,material,and equipment necessary to perform all operations for the application of an asphalt-rejuvenating agent to asphaltic concrete surface courses. The Contractor represents and warrants that it is able to satisfactorily provide the service according to the Scope of Services,which are incorporated herein by reference as Exhibit"A". The following Exhibits referenced herein are hereby incorporated into this Agreement-Exhibit "A" Scope of Services,Exhibit"B"documentation required by the City submitted by the Contractor during the solicitation period prior to Notice of Award,Exhibit "C"Front-End Documents, Exhibit "D"Insurance Requirements,Exhibit"E"Rates,Exhibit"F"General Terms and Conditions,Exhibit "G"Addenda. 2.3 Procurement The City of Plantation electronically advertised an "Invitation to Bid" (ITB) for Asphalt Rejuvenation Project—Term Contract The City of Plantation received one (1) bid response from Contractors stating they can perform/provide the aforementioned service. The City of Plantation found Pavement Technology, Inc., to be the lowest responsive, responsible bidder and presented the recommendation of approval to the City Council for execution of an agreement. ITB No.072-22;Asphalt Rejuvenation Project—Term Contract 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 agreement period shall be for one (1) year, commencing k , 2023 and expiring on (N. ir 11,4" , 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 Responsibilities 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: Description Per SQ YD Cost Standard Specification—Reclamite $1.21/per square yard Description Per SQ YD Cost Did Alternate#1(A.R.A.-1 Ti Pollution- Remediating Maltene Asphalt Rejuvenator) $2.49/per square yard C. Control and Payment of Subordinates: Independent 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 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. U 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. IT 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 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 healthand 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 forallviolations of such laws and regulations in connection with the Services. If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom; Contractor shall defend, indemnify and hold City,its officials, directors, officers,employees, and agents free and harmless, pursuant to the indemnification provisions of this Agreement;from any claim or liability arising out of any failure or alleged failure to comply with such laws,rules or regulations. i. Equal Opportunity Employment. Contractor represents and warrants that it is an equal opportunity employer and it shall not discriminate against any Subcontractor, employee or applicant for employment because of race, religion, color, national origin,handicap,ancestry,sex or age. Such non-discrimination shall include,but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. L Insurance. i. Time for Compliance. Contractor shall not commence Services until it has provided evidence satisfactory to the City that it has secured all insurance pursuant to Exhibit"D". In addition,Contractor shall not allow any Subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the Subcontractor has secured all insurance pursuant to Exhibit"D". M Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services,the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract AGREEMENT procedures; (B) instructions in accident prevention for all employees and Subcontractors, such as safe walkways,scaffolds, fall protection ladders,bridges,gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and(C) adequate facilities for the proper inspection and maintenance of all safety measures. N Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement.All such records shall be clearly identifiable.Contractor shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Contractor shall allow inspection of all work, data, documents, proceedings,and activities related to this Agreement for a period of 3 years from the date of final payment under this Agreement. 3.3 Termination of Agreement. A For Convenience. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least 30 calendar days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation.Contractor may not terminate this Agreement except for cause. The City may terminate this Agreement for convenience even if Contractor avails itself of the Dispute Resolution process set forth below in subsection 3.6C:, B. For Cause. City may,by written notice to Contractor,terminate the whole or any part of this Agreement at any time and with cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least 21 calendar days before the effective date of such termination. The City may,but is not obligated to,provide Contractor with an opportunity to cure any breach prior to the effective date of any termination for cause. The Contractor may not terminate this Agreement except upon a breach by the City,which is not cured upon 21 calendar days notice to City. In case of the Contractor's termination for cause, the Contractor shall be paid for Services satisfactorily provided to such termination date, less any setoffs or adjustments City may claim arising out of the Contractor's breach, the remaining unperformed parts of this Agreement, and for that portion(if any)of the Contractor's performance which is unsatisfactory (the intent being that the Contractor be paid what is just and equitable compensation for the Contractors' performance of Services rendered to the satisfaction of the City). Upon termination, Contractor shall be compensated only for those Services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Should the Contractor avail itself of the Dispute Resolution process set forth below in subsection 3.6C,then the City may not terminate this Agreement for Cause until the conclusion of the Dispute Resolution process. C. Mutual Termination. This Agreement may also be terminated by mutual written agreement at any time and under any terms. D. Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all fmished 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 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 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: r 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 AGREEMENT Such notice shall be deemed made when personally delivered, or, if mailed,48 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the Party at its applicable address, or delivered to such electronic mail address provided by the Parties for service of notices under this subsection when receipt is acknowledged by electronic written response by the receiving Party. B. Indemnification. i. Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend,indemnify and hold the City,its officials,officers,employees,volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of,pertaining to, or incident to any alleged acts, errors or omissions of Contractor,its officials,officers,employees, subcontractors,contractors, or agents in connection with the performance of the Contractor's services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorney's fees and other related costs and expenses, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Contractor and other persons employed or utilized by the Contractor in the performance of this Agreement. ii. Additional Indemnity Obligations. Payment of any amount due pursuant to the foregoing indemnity shall, after receipt of written notice by Contractor from the City that such amount is due,be made by Contractor prior to the City being required to pay same, or in the alternative, the City, at the City's option, may make payment of an amount so due and Contractor shall promptly reimburse the City for same, together with interest thereon at the statutory rate from the date of receipt by Contractor of written notice from the City that such payment is due. Contractor agrees, at Contractor's expense, after written notice from the City, to defend any action against the City that falls within the scope of this indemnity, or the City, at the City's option,may elect not to tender such defense and may elect instead to secure its own attorney to defend any such action and the reasonable costs and expenses of such attorney incurred in defending such action shall be payable by Contractor. Additionally, if Contractor, after receipt of written notices from the City, fails to make any payment due hereunder to the City, Contractor shall pay any reasonable attorney's fees or costs incurred by the City in securing any such payment from Contractor. iii. Nothing contained herein is intended nor shall it be construed to waive the City's rights and immunities under the common law or Florida Statute §768.28 as amended from time to time. This obligation shall not be construed to negate,abridge,or otherwise reduce any other right or obligation of indemnity which would otherwise exist in the City's favor. Notwithstanding any other provision of this Agreement to which it is applicable, City shall not be liable or responsible to Contractor beyond the monetary limits and amounts specified in Ch. 768.28, Fla. Stat., regardless of whether said liability be based in tort, contract, indemnity or otherwise; and in no event shall City be liable to Contractor for punitive or exemplary damages or for lost profits or consequential damages. iv. This paragraph shall survive termination or expiration of this Agreement. C. Dispute Resolution ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract AGREEMENT i. In the event that any dispute between the City and the Contractor concerning questions or issues arising under this Agreement that have not been resolved, a request for dispute resolution shall be submitted by the Contractor to the City for determination. Request for such determination shall be made in writing. The City's decision may be reached in accordance with assistance,as it may deem reasonably necessary or desirable. The City's decision shall be rendered in writing no more than 30 calendar days after receipt of a fully documented (to the extent that such documents are within the control of the Contractor)request for a determination. The decision shall be conclusive, final, and binding on all Parties, unless the Contractor shall seek a judicial determination in accordance with the provisions set forth below in subsection 3.6D. ii. No later than 10 calendar Days after the Contractor's receipt of the City's determination, the Contractor shall respond to the City in writing, either accepting the determination or stating the Contractor's factual or legal objection to the determination. If the Contractor's response is an objection, the City shall respond in writing to the objection within 10 calendar days after receipt. No further response by either Party shall be required. Thereafter,the Contractor may seek a judicial determination of the dispute. In the event that the Contractor intends to seek judicial determination of a matter decided by the City, the Contractor shall notify the City of its intent to do so within 10 calendar days of the City's final decision. iii. If required by City, the Contractor shall continue to perform the Services required under this Agreement during this resolution period,including any judicial resolution. The City's written determination shall be complied with pending final resolution, including judicial, of the dispute. If the Contractor complies with the City's written determination, the City shall continue to perform under this Agreement and make all payments due (other than those or the portions of payments in dispute,if any)during the resolution period. This payment provision shall not apply in the event that the Contractor fails to submit a dispute to the City as required by this subsection. The continued performance of this Agreement by either Party shall not constitute an admission as to any factual or legal position in connection with the dispute,or a waiver of its rights under this Agreement or at Law. D. Governing Law;Judicial Review;Venue.This Agreement shall be governed by the laws of the State of Florida.and venue shall be in Broward County without regard to its conflicts of law. The Parties hereby agree that in the event of any litigation between them, such proceeding shall be brought exclusively in the courts of the State of Florida, County of Broward or the Federal District Court with subject matter jurisdiction and encompassing the County of Broward,Florida. Each Party hereby irrevocably consents and submits to the jurisdiction of, and venue in,the aforementioned courts,and further waives any claim that a proceeding brought therein has been brought in an inconvenient forum. To the extent not prohibited by applicable law that cannot be waived, the City and Contractor hereby waive, and covenant that they will not assert (whether as plaintiff; defendant or otherwise), any right to trial by jury in any action arising in whole or in part under or in connection with this Agreement, whether now existing or hereafter arising, and whether sounding in contract,tort or otherwise. E Time of Essence.Time is of the essence for each and every provision of this Agreement. F. City's Right to Employ Other Contractors. City reserves right employ other contractors in connection with this Project. Successors and Assigns. G Successors and Assigns,This Agreement shall be binding on the successors and assigns of the Parties. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract AGREEMENT I� 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. 0. 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 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 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: 4,# /al i j , ,a CITY OF PLANTATION Apri k C eggerow,''''.1t3. rk By: )7)-A.',.`i( ry A�o- 4l,./.0Nick.Sortal,Mayor U Organized As to legal form: I i ' E r I, ,Attorney April 30, 1953 7 i,`" As to Procurement: ,,, I fie diva,Cou my i \'' Cha •: pencer,Procure•Tent Director Wyyitness: bja r sba c.- Z wI I A —6-i0.9 Typed name of Witness Witness: ff Typ-d nam-Vf Witness STATE OF FLORIDA COUNTY OF BROWARD THE FOREGOING INSTRUME. T was ac-nowledged before me by means of rsical presence or o online notarization,this ,�7day of rt ( , 2023, by Nick Sortal, as Mayor of the City of Plantation, a Florida municipal corpora ion, on behalf of the municipal corporation. She is pers known-to me or has produced , as identification. , OW V A f My commission expires: ��sPSN�M?S0�y�� NOTARY PUBLIC eKs$1R2p?�it��; i * %-4.4, #Kip933AT1 `',t,i v` .c,...._ i,ded'K`�c..'e, ITB No.072-22;Asphalt Rejuvenation Project–Term Contract AGREEMENT Signed, Sealed in the presence of: PAVEMENT TECHNOLOGY, INC an Ohiol'J)rp ration r` r . 1// ,' ( 1 By: ( ? �, rta '175 — Colin M.Durante, President'' Susan Durante Typed name of Witness Witness: cfarrAWLI. Debbie Cancelliere Typed name of Witness STATE OF Ohio COUNTY OF Cuyahoga . The foregoing instrument was acknowledged before me by means of dphysical presence or o online notarization, this L4 - I C) - 2_1)2 .3 Ldate) by Colin M. Durante, as President. an Ohio Corporation, on behalf of the Corporation. They areCpersorlally_ cnown tqT mel or who has produced . (type of identification)as identification. C-&-?,;r4 My commission expires: Ekototh ie> r '` Notary Public,State ofOtio NOTARY PUBLIC U My Commission Expires:Febcuur 47,20 ITB No.072-22;Asphalt Rejuvenation Project—Term Contract OFFICE OF THE MAYOR CITY COUNCIL Nick Sortal Mayor ` Jennifer Andreu, President Timothy J. Fadgen, President Pro Tem PROCUREMENT DEPARTMENT Erik Anderson Charles Spencer, NIGP-CPP Plantation Denise Horland Director the grass is greener' 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-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 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, les Spencer,NIGP-CPP Procurement Director ESpencer@Plantation.org Pavement Technology, * Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 CORPORATE. RESOLUTION Pavement Technology, Inc. I hereby certify that I am the Founder and President of PavementTechnology, Inc., a corporation duly organized and existing under the laws of the State of Ohio; that on this 2nd day of January, 2007, the board of directors of said Corporation authorized and approved the Secretary/Treasurer of said corporation to execute any proposals and contracts for and in behalf of said corporation;that said authority is not • contrary to any provision in the articles of incorporation or code of regulations or code of bylaws of said corporation;that said authority has not been rescinded or modified and that Susan J. Durante is the duly elected and acting Secretary/Treasurer of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name on this 2nd day of January, 2007. ?fil.Durant,°esident ifif_ ii EXHIBIT "A" (SCOPE OF SERVICES/WORK) -.41111111119 TECHNICAL SPECFICATIONS I. Scope: This work shall consist of furnishing all labor,material,and equipment necessary to perform all operations for the application of an asphalt-rejuvenating agent to asphaltic concrete surface courses. The rejuvenation of surface courses shall be by spray application of a maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract. We are bidding for a two-year initial contract term with renewal options for an additional three one-year terms providing both parties agree and that all terms and conditions remain the same.Rates shall remain firm and fixed for the initial contract term. H. Material Specifications: The asphalt-rejuvenating agent shall be an emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each bidder must submit with his bid a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt-rejuvenating emulsion conforms to the required physical and chemical requirements. SPECIFICATIONS Test Method Requirements Tests ASTM AASHTO Min. Max. Tests on Emulsion: Viscosity @ 25°C, SFS D-244 T-59 15 40 Residue,%W1 D-244(Mod.) T-59(Mod) 60 65 Miscibility Test2 D-244(Mod.) T-59(Mod) No Coagulation Sieve Test,%W3 D-244(Mod.) T-59(Mod) - 0.1 Particle Charge Test D-244 T-59 Positive Percent Light Transmittance4 GB GB - 30 Tests on Residue from Distillation: Flash Point,COC, °C D-92 T-48 196 - Viscosity @ 60°C, cSt D-445 - 100 200 Asphaltenes,%w D-2006-70 - - 1.00 Maltene Dist.Ratio D-2006-70 - 0.3 0.6 PC+A15 S+A2 PC/S Ratios D-2006-70 - 0.5 - Saturated Hydrocarbons,S5 D-2006-70 - 21 28 1 ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50-gram sample to 149 C(300 F)until foaming ceases,then cool immediately and calculate results. 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. 3 Test procedures identical with ASTM D-244-60 except that distilled water shall be used in place of two percent sodium oleate solution. 4 Test procedure is attached. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 114 TECHNICAL SPECFICATIONS 5 Chemical composition by ASTM Method D-2006-70: PC=Polar Compounds, Ai =First Acidaffins A2 =Second Acidaffins, S =Saturated Hydrocarbons PROCEDURE FOR DETERMINING PERCENT LIGHT TRANSMITTANCE ON ASPHALT REJUVENATING AGENT A. SCOPE This procedure covers the determination of percent light transmittance of the asphalt-rejuvenating agent. B. APPARATUS 1)Container may be either glass,plastic or metal having a capacity of 6,000 ml. 2)Graduated cylinder, 1,000 ml, or greater 3) Light transmittance measuring apparatus, such as Bausch and Lomb or Lumetron spectrophotometer 4)Graduated pipette having 1 ml capacity to 0.01 ml accuracy 5) Suction bulb for use with pipette 6)Test tubes compatible with spectrophotometer,3/4"X 6,Bausch and Lomb,Catalog No. 33-17- 81,(B&L) C. CALIBRATION OF SPECTROPHOTOMETER 1) Calibrate spectrophotometer as follows: (a) Set wavelength at 580 mu, (b) Allow spectrophotometer to warm-up thirty minutes,(c)Zero percent light transmittance(%LT)scale, (d)Rinse test tube three times with tap water and fill to top of circle marking on B&L test tube or approximately 2/3 full, (e) Place tube in spectrophotometer and set%LT scale at 100, and (f)repeat steps(c)and(e)two times or until no further adjustments are necessary. D. PROCEDURE 1) Shake,stir,or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion in beaker and allow to stand one minute. 2) Place 2,000 ml tap water in container. 3) Suck 1.00 ml emulsion into pipette using suction bulb. Wipe off outside of pipette. 4) Using suction bulb,blow emulsion into container. 5) Rinse pipette by sucking in diluted emulsion solution and blowing out. 6) Clean pipette with soap or solvent and water. Rinse with acetone. 7) Stir diluted emulsion thoroughly. 8) Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. 9) Calibrate spectrophotometer. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 115 TECHNICAL SPECFICATIONS 10) Place diluted emulsion sample tube in spectrophotometer, cover,and read%LT to nearest tenth. 11) Repeat steps 9 and 10 until three identical consecutive readings are achieved. 12) The elapsed time between addition of emulsion to dilution of water and final%LT reading should not exceed 5 minutes. III.Material Performance: The asphalt-rejuvenating agent shall have the capability to penetrate the asphalt pavement surface and performing as follows. The asphalt-rejuvenating agent shall be absorbed and incorporated into the asphalt binder. Verification that said incorporation of the asphalt-rejuvenating agent into the asphalt binder has been affected shall be by analysis of the chemical properties of said asphalt binder i.e. viscosity shall be reduced by petroleum maltene fraction replacement method to the following extent. For pavements receiving the first or original application of rejuvenating agent,the viscosity shall be reduced by a minimum of thirty-five, (35%)percent as determined by dynamic shear rheometer(DSR)method for asphalt testing in accord with AASHTO T315-05. For retreated pavements after an initial treatment with the asphalt rejuvenator,the viscosity shall be reduced by petroleum maltene replacement method a minimum of twenty percent (20%) as determined by dynamic shear rheometer (DSR) method for testing in accord with AASHTO T315-05. In addition,the phase angle shall be increased. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, in the upper three eights inch(3/8")of pavement. In addition,the treated areas shall be sealed in-depth to the intrusion of air and water. The rejuvenating agent shall have a record of at least five years of satisfactory service as a petroleum maltene based emulsion asphalt-rejuvenating agent and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder by petroleum maltene fraction replacement method,increase the phase angle,and provide an in-depth seal.Reclamite®,a Tricor Refiners, LLC product manufactured by D &D Emulsion, Inc., Mansfield, Ohio, is a product of know quality and accepted performance. The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid, previous use documentation and test data conclusively demonstrating the rejuvenating agent has been used successfully for a period of five years by government agencies such as Cities, Counties, etc. and that the asphalt- rejuvenating agent has been proven to perform,as heretofore required,through field testing by government agencies as to the required change in asphalt binder viscosity and phase angle. Prior testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency. In addition, prior testing data shall be submitted to indicate said product performance as heretofore described over a minimum testing period of three years to insure reasonable life expectancy. RECLAMITE®, a Tricor Refiners,LLC product manufactured by D &D Emulsion Inc.,Mansfield Ohio, is a product of known quality and accepted performance. IV. Applicator Experience: The asphalt-rejuvenating agent shall be applied by an experienced applicator of such material. The bidder shall have a minimum of three years' experience in applying the product proposed for use. He must submit with his bid a list of five projects on which he applied said rejuvenator. He shall indicate the project dates, ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page I 16 --"111111111119 TECHNICAL SPECFICATIONS number of square yards treated in each and the name and phone number of the government official in charge of each project. A project superintendent knowledgeable and experienced in application of the asphalt-rejuvenating agent must be in control of each day's work. The bidder shall submit a written experience outline of the project superintendent. V. PRODUCT STANDARDS AND ALTERNATES: The product"Reclamite"®for the asphalt-rejuvenating agent,a Tricor Refiners,LLC product manufactured by D&D emulsions,Inc.Mansfield,Ohio is the standard for these specifications and the prices quoted on the Bid Sheet Base Bid shall be for this standard. Should a bidder wish to submit a bid for alternates to the Standard,said prices shall be entered on the BID SHEET as the"Alternate Bid"for each item. In the event that the bidder submits no bid for the Standard,only the"Alternate Bids" should be completed. Bidders may offer an ALTERNATE for the Standard specified in the Specifications provided the bidder adheres to the following and submits same with his bid. (a) List the proposed alternate on the BID SHEET form giving the product name and price. (b) Furnish complete specifications and descriptive literature for the alternate as well as a one-gallon sample of the material proposed for use. Such descriptive and detailed information shall be complete and at least equal in detail to the agency's requirements for the standard item for which the alternate is offered. (c) Submit a current Safety Data Sheet for the alternate materials. The agency will give the alternate consideration. The Contractor may furnish only those alternate items included in his proposal and approved by the agency prior to award of a contract. (d) Furnish all required test data and use documentation as heretofore required. If no ALTERNATE is indicated on the BID SHEET,the Contractor shall furnish the STANDARD(brand) specified in the attached specifications. Should the ALTERNATE offered be found unacceptable by the agency based on the data submitted with the bid and no bid is entered on the BID SHEET for the Standard, then said bid will be considered non-responsive. VL APPLICATION TEMPERATURE/WEATHER LIMITATIONS: The temperature of the asphalt rejuvenating emulsion, at the time of application shall be as recommended by the manufacturer. The asphalt-rejuvenating agent shall be applied only when the existing surface to be treated is thoroughly dry and when it is not threatening to rain. The asphalt-rejuvenating agent shall not be applied when the ambient temperature is below 40°F. VII. HANDLING OF ASPHALT REJUVENATING AGENT: Contents in tank cars or storage tanks shall be circulated at least forty-five minutes before withdrawing any material for application. When loading the distributor,the asphalt-rejuvenating agent concentrate shall be ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 117 TECHNICAL SPECFICATIONS loaded first and then the required amount of water shall be added. The water shall be added into the distributor with enough force to cause agitation and thorough mixing of the two materials. To prevent foaming,the discharge end of the water hose or pipe shall be kept below the surface of the material in the distributor that shall be used as a spreader. The distributor truck will be cleaned of all of its asphalt materials,and washed out to the extent that no discoloration of the emulsion may be perceptible.Cleanliness of the spreading equipment shall be subject to the approval and satisfaction of the Engineer. VIII. RESIDENT NOTIFICATION: The contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice will be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type that secures to the door handle of each dwelling. Unsecured notices will not be allowed. The contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental to the contract. IX. APPLICATING EQUIPMENT: The distributor for spreading the emulsion shall be self-propelled, and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt-rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.04 to 0.08 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5 percent of the specified rate. Distributor equipment shall include full circulation spray bars, pump tachometer, volume-measuring device, and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank.The distributor shall have a computerized system,acceptable to the Engineer that controls the rate of product application. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. The truck used for applying rock dust, or other aggregate when required and approved by the Engineer, shall be equipped with a spreader that allows the rock dust to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of rock dust or other aggregate per square yard in a single pass. The spreader shall be adjustable so as not to broadcast the rock dust or other aggregate onto driveways or tree lawns. The rock dust or other aggregate to be used shall be free flowing,without any leaves,dirt,stones,etc. Any wet rock dust shall be rejected from the job site. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 18 -1111114111 TECHNICAL SPECFICATIONS Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed,shall be repaired or replaced at the direction of the Engineer. X. APPLICATION OF REJUVENATING AGENT: The asphalt-rejuvenating agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to insure full rate of spread over the entire area to be treated.Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. Application of asphalt-rejuvenating agent,shall be on one-half width of the pavement at a time. When the second half of the surface is treated,the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event, the centerline construction joint area of the pavement shall be treated in both application passes of the distributor truck. Before spreading, the asphalt-rejuvenating agent shall be blended with water at the rate of two (2) parts rejuvenating agent to one (1) part water, by volume or as specified by the manufacturer for jobsite conditions. The combined mixture of asphalt-rejuvenating agent and water shall be spread at the rate of 0.04 to 0.08 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff,in the opinion of the Engineer,shall have the required amounts applied in two or more applications as directed. After the rejuvenating emulsion has penetrated and when surface conditions require a light coating of dry rock dust,or other aggregate approved by the Engineer,shall be applied to the surface in sufficient amount to protect the traveling public as required by the Engineer. The rock dust or other approved aggregate shall be swept and removed from the streets and properly disposed of at the Contractor's expense within 24 hours of application. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt-rejuvenating agent. When directed by the Engineer, the Contractor shall take representative samples of material for testing. XI. STREET SWEEPING: The Contractor shall be responsible for sweeping and cleaning of the streets prior to, and after treatment. Prior to treatment,the street will be cleaned of all standing water, dirt, leaves,foreign materials, etc. This work shall be accomplished by hand brooming,power blowing or other approved methods. If in the opinion of the Engineer,the hand cleaning is not sufficient,than a self-propelled street sweeper shall be used. All rock dust or other approved material used during the treatment must be removed no later than 24 hours after treatment of the street.This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt-rejuvenating agent. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 119 TECHNICAL SPECFICATIONS If, in the opinion of the Engineer, additional rock dust is required, said material shall be applied by the contractor. Said rock dust shall be swept up no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of rock dust. XII. TRAFFIC CONTROL: The Contractor shall schedule his operations and carry out the work in a manner to cause the least disturbance and/or interference with the normal flow of traffic over the areas to be treated. Treated portions of the pavement surfaces shall be kept closed and free from traffic until penetration, in the opinion of the Engineer,has become complete and the area is suitable for traffic. When,in the opinion of the Engineer,traffic must be maintained at all times on a particular street,then the Contractor shall apply asphalt-rejuvenating agent to one lane at a time. Traffic shall be maintained in the untreated lane until the traffic may be switched to the completed lane. The Contractor shall be responsible for all traffic control and signing required to permit safe travel. The contractor shall notify the police and fire departments as to the streets that are to be treated each day. If,in the opinion of the Engineer,proper signing is not being used,the Contractor shall stop all operations until safe signing and barricading is achieved. XIII. METHOD OF MEASUREMENT: Asphalt-rejuvenating agent will be measured by the square yard as provided for in the Contract Documents. XIV. BASIS FOR PAYMENT: The accepted quantities, measured as provided for above, will be paid for at the contract unit price for asphalt-rejuvenating agent. Asphalt-rejuvenating agent shall be paid for PER SQUARE YARD,which shall be full compensation for furnishing all materials,equipment,labor and incidentals to complete the work as specified and required. END OF SECTION ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 120 EXHIBIT "B" (Documentation required by the City and submitted by Contractor prior to Notice of Award) NON-COLLUSION CERTIFICATION TO BE RETURNED WITH BID By signing and submitting this bid,the BIDDER certifies that this bid is made independently and free from collusion. BIDDER shall disclose below,to their best knowledge,any City of Plantation officer or employee, or any relative of any such officer or employee as defined in Section 112.3135(1) (c), Florida Statutes (2014), who is an officer of director or, or has a material interest in, the BIDDER's business, who is in a position to influence this procurement. Any City of Plantation officer or employee who has any input into the writing of specifications or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity pertinent to this procurement is presumed, for purposes hereof, to be in a position to indirectly own any of the total assets or capital stock of any business entity owned or operated by the BIDDER,or if they otherwise stand to personally gain if the contract is awarded to this BIDDER. Failure to submit this executed statement as part of the bid shall make the bid nonresponsive and not eligible for award,consideration. In the event the BIDDER does.not indicate any names, the CITY shall interpret this to mean that the BIDDER has indicated that no such relationships exist. Failure of a BIDDER to disclose any relationship described herein shall be reason for termination of bid or award,whichever is applicable,with no time to cure. NAME RELATIONSHIP NIL I N/A •v. kncs es: BID ID:ER. rikumidital,A mg\ I By: (6e' _ . yped-'ame: •san Durante Name: Colin Durante .(��U�M n Q l �!`lO:v� R--( Q Title: President ate_ Typed name: Debbie Cancelliere ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page I 21 -71 NON—COLLUSION CERTIFICATION NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of o physical presence or o online notarization, this (date) by (name of personal acknowledging), who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowl..edged,before me by means of dphysical presence ' Colm D or o online-notarization,.this 119123 (date) by Presideuntrance; (name of officer Or agent, title of Pavement. officer or agent), of Technology,Inc.. .(name of corporation acknowledging, an.Ohio (stale or place of incorporation) corporation, on behalf of the corporation. she,is crsona*.known toj or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC Elizabeth'Mielcueny- Notnry Public State of Ohio My Co inion Expiros:February 27,22.,Z5 ---- rt ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page I 22 QUALIFICATION STATEMENT Fill in For.,,i The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter(Attach additional sheets with appropriate reference, if necessary). You must respond to all questions. FAILURE TO DISCLOSE OR PROVIDE THE REQUESTED INFORMATION BELOW MAY RESULT IN THE BIDDER'S BID BEING DEEMED NON- RESPONSIVE AND THE BIDDER AS NOT QUALIFIED FOR AWARD. SUBMITTED TO: City of Plantation ADDRESS: 400 NW 73rd Avenue Plantation,FL 33317 SUBMITTED BY: Pavement Technology, Inc. NAME: Colin Durante ADDRESS: 24144 Detroit Road, Westlake, OH 44145 TELEPHONE NO.: 440-892-1895 FAX NO.: 440-892-0953 EMAIL ADDRESS: dcancelliere@pavetechinc.com 1.. State the true,exact,correct and complete name of the partnership, corporation,trade or fictitious name under which you do business and the address of the place of business. The correct name of the BIDDER is: Pavement Technology, Inc. The address of the principal place of business is: 24144 Detroit Road, Westlake, OH 44145 The business is a(Sole Proprietorship) (Partnership) (Corporation) V 2. If BIDDER is a corporation,answer the following: a. Date of Incorporation: 5/30/1972 b. State of Incorporation: Ohio c. President's Name: Colin Durante d. Vice President's Name: John Schlegel e. Secretary's Name: Susan Durante f. Treasurer's Name: Susan Durante g. Name and address of Resident Agent: Business Filings Incorporated 1200 S. Pine Island Rd., Plantation, FL 33324 3. If BIDDER is an individual or a partnership,answer the following: a. Date of organization: b. Name,address and ownership units of all partners: c. State whether general or limited partnership:. ITB No.072-22; Asphalt Rejuvenation Project—Term Contract Page 124 QUALIFICATION STATEMENT F,ll:►,�Fa,„z 4. If BIDDER is other than an individual,corporation or partnership, describe the organization and give the name and address of principals: Bidder is a corporation.. 5. If BIDDER is operating under a fictitious name,submit evidence of compliance with the Florida Fictitious Name Statute. N/A 6.. How many years has your organization been in business under its present business name: 50 a. Under what other former names has your organization operated? None. 7. Indicate registration, license numbers or certificate numbers for the business or professions that are the subject of this Proposal. Please attached certificate of competency and/or state registration. Please include the foregoing information for all parties to be assigned to the project. State of Florida - Certificate P12308 8: Have you personally inspected the site(s)of the proposed work? (y) Yes (N) 9. Do you have a complete set of documents, including agenda? (Y)Yes (N) 10. Have you ever failed to complete any work awarded to you? If so,state when,where and why? No. 11.. Within the five(5)years,has any officer of partner of your organization ever been an officer or partner of another organization when it failed to complete a contract? If so,explain fully. No. 12: State the names,telephone numbers and last known addresses of three(3)owners,individuals or representatives of owners with the most knowledge of work which you have performed or goods you have provided,and to which you refer(government owners are preferred as references). Please see page 29. 13. List the pertinent experience of the key individuals of your organization(continue on insert sheet, if necessary). Please see attached Key Individuals' Experience Records. 14. Provide a list of similar projects,which have been completed within the past five(5)years, including project description,owner's names,addresses and phone numbers. Please see attached Project Experience List. 15. Provide a list of work currently under contract. Please see attached Current Contracts List. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page I 25 QUALIFICATION STATEMENT r•ru�„roiw► 16. On Exhibit A, list all disputes,claims,mediations and litigation in which the bidding entity,a parent entity,an affiliate entity, a predecessor entity or other entities with which you were then associated or affiliated were involved in any contract disputes over the last five(5)years as of the solicitation response due date. If BIDDER is a joint venture,the information provided should encompass the joint venture and each of the entities forming the joint venture. For said claim, identify with particularity the nature of such dispute,the names and addresses of the other parties to such disputes,and whether or how such disputes were resolved, including any mediation, arbitration or litigation involved and dollar awards. [Do not include disputes,claims,mediations and litigation that involve only garnishment,auto negligence,personal injury,or a proof of claim filed by BIDDER] N/A 17. List all disputes,claims,mediations and litigation between the Owner and any of the responding entity's subcontractors/subconsultants over the last five(5)years as of the solicitation response due date. N/A 18.. Has any governmental entity within the last five(5)years commenced proceedings to discipline any of the officers,partners,or principals of the BIDDER,or sought to revoke a license held by the BIDDER(or its qualifying agent)? If so,please describe in detail the proceedings and how the matter was resolved. No. 19. Will you sublet any part of this work? If so,give details. (sub-contractor's name,address, phone number and contact) No. 20. Provide a list of equipment available to be committed to perform the work contemplated under this contract. Please see attached Equipment List. 21. Please list any objections to the text of the Contract Documents in the area below or on separate sheets of paper attached hereto, if necessary. N/A 22. Please attach a copy of your latest financial statement. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 126 QUALIFICATION STATEMENT Fill i'►rFor►n- NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of o physical presence or o online notarization, this (date)by (name of personal acknowledging), who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC, STATE OF FLORIDA NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of C 'physical presence Colin'Durante;, or ❑ online notarization, this 1/9/23 (date) by I?�esident (name of officer or agent, title of Pe officer or agent), of Tecavnnomieoanty. inc. (name of corporation acknowledging), an Ohio state or place of incorporation) corporation, on behalf of the corporation.®/she 'i er"sonally known t ie or who has produced _ (type of identification)as identification. My commission expires: einbeth Mielcueny_ Maary PuSiic;sept°of Ohio NOTARY PUBLIC, STATE OF-FLORIDA my conomion eova:Febiwry 47,Zoe Citi;o ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 127 BIDDER'S CERTIFICATION Foin 1 WHEN BIDDER IS A CORPORATION IN WITNESS WHEREOF,the BIDDER hereto has executed this Form this . 9th day of January ,2023 . Pavement Technology, Inc. Printed Name of Corporation • Ohio P 'n' d °gate .i", corporation By: Signature of President or other authorized officer (CORPORA E S • , L) Colin Durante, President. Printed Name of President or other authorized officer TEST 24144 Detroit Road -_ `, , Address of Corporation B ® Westlake, OH 44145 Secret•ry Susan Durante City/State/Zip 440-892-1895 Business Phone Number STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of i 'physical presence Cafin;Dutante. or o online notarization, this 1/9/23 (date) by P�es�aede (name of officer or agent, title of Pavement officer or agent), of Technology,Inc. (name of corporation'cicknoiailedging), an Ohio (state or place of incorporation) corporation, on behalf of the corporation.61/she is ersonally known to, :•-•., &or who has produced (type of identification)as identification. . ,, :.;: js.:;;•:' . ' h My commission expires: Elivab®th Mielcuetry Notary bio;State of Ohio Nly Coornimion Expi :KRIM Pi 40 NOTARY PUBLIC ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page 131 DRUG-FREE WORKPLACE r ri 'Fond STATEMENT UNDER SECTION 287.087 FLORIDA STATUES TO BE RETURNED WITH FIRM Preference must be given to FIRMS submitting certification with their bid or proposal,certifying they have a drug- free workplace in accordance with the Florida Statutes,Section 287.087.This requirement affects all public entities of the State and became effective January 1, 1991. Preference shall be given to businesses with drug-free workplace programs.Whenever two or more bids,proposals, or replies that are equal with respect to price, quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services,a bid,proposal,or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing the bids will be followed if none of the tied vendors have a drug- free workplace program.In order to have a drug-free workplace program,a business shall: 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 action that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection(1), notify the employees that as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any convictions of,or plea of guilty or nolo contendere to,any violations of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace,no later than five(5)days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in, a drug abuse assistance or rehabilitation program if such is available in the employee's community,by an employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of the above measures. As th p on thor. to sign this.statem `1,I certify that this company complies with the above requirements. ' Colin Durante, President Signature Printed Name Pavement Technology, Inc. 1/9/2023 Firm Name Date ITB No.072-22;Asphalt Rejuvenation Project—Term Contract Page I 39 Frll ira Tnrnr PUBLIC RECORDS COMPLIANCE UNDER SECTION 119.0701 FLORIDA STATUTES TO BE RETURNED WITH BID The CONTRACTOR hereby certifies that it shall comply with public records laws,specifically to: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the public agency. (d) Upon completion of the contract,transfer,at no cost,to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the CONTRACTOR transfers all public records to the public agency upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency,upon request from the public agency's custodian of public records,in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 954-797-2237, sslatterv(a plantation.org, 400 NW 73rd Avenue Plantation, FL 33317 As the person authorized to sign this statement,I certify that this FIRM agrees to comply with the above requirements. CONTRAC (V: ;y-ve ent Technol;gy, Inc. By(sign); I. // �_ �' is Colin Durante, President 1/9/23 ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 42 • PUBLIC RECORDS I 'In Fo,„1'-.. Print Name: NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of o physical presence or ❑ online notarization,this (date) by (name of personal acknowledging), who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC • NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of t'physical presence 1/9/23 Colin Duran#e, or o online notarization, this (date) by ;President: (name of officer or agent, title of officer or agent), of. Tech o oqy,Inc. (name of corporation acknowledging), an Ohio .(state or place of incorporation) corporation, on behalf of the corporation.:/she is .ersonally inown to. ni or who has produced _ _ _ . (type of identification) as identification: My commission expires: .--.,,, � .�1 7 : . '(i'''';' • NEfis rry hto NOTARY PUBLIC :••//-`. +r _ lr „ ,y7,so • • ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page I 43 SCRUTINIZED COMPANY CERTIFICATION Fill in:Fors, TO BE RETURNED WITH BID CONTRACTOR Name: Pavement Technology, Inc. CONTRACTOR FEIN:34-1108308 CONTRACTOR Authorized Representative Name and Title:.Colin purante,President Address:24144,Detroit Road City:Westlake State:OH Zip:44145 Phone Number:440-892-1895 Email Address:dcanceIIiere@pavetechinc.com r - Section 287.135, Florida Statutes,prohibits agencies from contracting with companies for goods or services of any amount that are on the Scrutinized Companies that Boycott Israel List or that are participating in a boycott of Israel; or One million dollars or more if, at the time of bidding, FIRM is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has business operations in Cuba or Syria. The boycott Israel list is created pursuant to 21. 5.4725 and the Sudan and Iran lists are created pursuant to section 215.473, Florida Statutes. As the person authorized to sign on behalf of CONTRACTOR, I hereby certify that the undersigned company is not participating in a boycott of Israel,on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that it does not have business operations in Cuba or Syria. I understand and agree that pursuant to section 287.135,Florida Statutes, the submission of a false certification; or being placed on the Scrutinized Companies that Boycott Israel List, or engaging in a boycott of Israel; or being placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; or engaging in business operations in Cuba or Syria will be cause for the CITY to terminate this Agreement at the option of the CITY. In addition, FIRM may be subject to civil penalties, attorney's fees,and/or costs. The scrutinized company list is maintained by the State Board of Administration and available at http://www.sbafla.com/. j' Certified By: who is authorized to sign on behalf of the above referenced company. Authorized Signature Print Name and Title:.Colin Durante,.President Date: January 9, 2023 *This form is being provided to comply with Florida Statute 287.135. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page I 45 E-VERIFY FORM h'i!!ry Fw 1u. CITY OF PLANTATION E-VERIFY FORM UNDER SECTION 448.095,FLORIDA STATUTES TO BE RETURNED WITH BID Project Name: Asphalt Rejuvenation Project Project No.; ITB No. 072-22 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages,or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees.Contractor shall register for and utilize the U.S.* Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subvendors/subconsultants/subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Plantation. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page I 46 E-VERIFY FORM Fill;,7 r�„;,, Security's E-Verify System during the term of the contract is a condition of the contract with the City of Plantation;and c) Should vendor become the successful Contractor awarded for the above-named project,by entering into the contract, the Contractor shall comply with the provisions of Section 448.095,Fla.Stat., "Employment Eligibility,”as amended from time to time.This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all { subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a)If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1)Fla. Stat.,the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a)or b)is not a breach of contract and may not be considered as such. d)Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 47 E-VERIFY FORM Fill in Form' CONTRACTO Pavement Technology,. I c: By (sig )n : Print Name: Colin Durante, President NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of o physical presence or o online notarization, this (date) by (name of personal acknowledging), who is personally known to me or who has produced (type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF Cuyahoga The foregoing instrument was acknowledged before me by means of i 'physical presence .0 or o online notarization, this 1/9/23 (date) by Rreosllin dDenurl;ante; (name of officer or agent, title of Pavement officer or agent), of Technology.Inc, (name of corporation acktto.ii. aging), an Ohio (state or place of incorporation) corporation, on behalf of the corporation. /she.' - soriall . kiowti to`� •, rie or who has produced _(type of identification) as identification. ; 4 My commission expires: Ur - N fib,s Olio Mietousny NOTARY PUBLIC ;r My C f P*:Fob►wY 27,2 ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page I 48 OFFICE OF INSPECTOR GENERAL Fill in Form COOPERATION WITH THE BROWARD COUNTY OFFICE OF INSPECTOR GENERAL TO BE RETURNED WITH BID The Broward County Office of Inspector General ("OIG") has the authority to review and investigate how governmental contracts are performed and how BIDDERS and vendors(herein, "BIDDERS")are paid. To this end,BIDDER agrees to cooperate with the OIG in the event the BIDDER is contacted by the OIG. Such cooperation shall include,answering any questions that may be posed by the OIG,and allowing the OIG to review and copy any of BIDDER's written material, contract documentation, and financial records that may relate to the formulation, execution, and performance of this Contract. The BIDDER acknowledges and agrees that whatever work or effort is expended by BIDDER in interfacing with the OIG is part of the administrative or overhead or base costs of the services provided by the BIDDER to the CITY, and shall never be a basis for claiming extra or additional compensation under this Contract, or for requesting a change order. The BIDDER's failure to cooperate fully with the OIG as required by the preceding clause shall be a basis for the City claiming the BIDDER is in default, and may, if not timely cured, allow the City to terminate this Contract for cause. Unless the BIDDER is instructed otherwise in a specific written and notarized Order signed by the Broward County Inspector General,BIDDER shall advise CITY, in writing and in the same manner as BIDDER gives the City formal notice under this Contract, each instance, if ever,that the BIDDER is contacted by the OIG, and shall supply the City with information necessary to allow the City to ensure that the BIDDER is fully pe : ��`ing the requirements of this Paragraph. ITNES +S. BIDDER: , NAME: Susa Durante NAME: Colin Durante Cary, TITLE: President te.:', NAME: Debbie Cancelliere ITB No. 072-22;Asphalt Rejuvenation Project—Tenn Contract Page 150 OFFICE OF INSPECTOR GENERAL Kilt in Po;;; NOTARY BLOCK FOR AN INDIVIDUAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me by means of o physical presence or o online notarization, this (date) by (name of personal acknowledging), who is personally known to me or who has produced _(type of identification) as identification. My commission expires: NOTARY PUBLIC NOTARY BLOCK FOR A CORPORATION STATE OF Ohio COUNTY OF. Cuyahoga The foregoing instrument was acknowledged before me by means of m/physical presence or ❑ online notarization, this 1/9/23 (date) by iTilgi�d n`ante' (name of officer or agent, title of officer or agent), of 7ecn o oqy,-mc: (name of corporation acknowledging), an Ohio (state or r place of incorporation) corporation, on behalf of the corporation. ILslt: is- ersonall known - 1e r who has produced (type of identification)as identification. My commission expires: •2'11ce- • • • WiiciOtty NOTARY PUBLIC • No Piablio,pale of Oh4o. My.Coirmissioo Expkas;rebnutry 27,20± • ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page I 51 Bid Checklist and Summary Form i - To comply with the City of PIantation's solicitation guidelines,this Bid Checklist Summary Form is required for all solicitations exceeding$25,000.00 or more. This form must be signed and included with the bid submittal in addition to the required bid documents of this solicitation.Failure to do so may result in your bid submittal being considered non-responsive. Bidder's Name: Pavement Technology, Inc. Date: 1/9/23 Base Bid A-$744,150.00 Base Bid Total: Base.Bid 13_-$1,531,350.00 Plantation Local Business pursuant to Section 2-227 of City's Code:Yes❑ or No' � Disadvantaged Business Enterprise: Yes El or No LJ/ Submitted Forms: VNon-Collusion Certification Form 'References 21 General Terms and Conditions Form El Federal Funding Requirements- N/A Insurance Requirements Vi Drug Free Workplace Bid Form V Addendums When bidding on an Alternative Product"or equal,"bids must be accompanied with all descriptive information necessary for an evaluation of the proposed material or equipment such as the detailed drawings and specifications,certified operation and test data,and experience records.Failure of any bidder to furnish the data necessary to determine whether the product is equivalent,may be cause for rejection of the specific items(s)to which it pertains. Are you submitting an equivalent product: Yes Ft or No❑ If Yes,please list the equivalent product(s)below: A.R.A.=1 Ti® Pollution-Remediating Maltene Asphalt Rejuvenator Signature . y: Printed Name: Colin.Durante, President ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 153 ikecAarn\te® P voduct Subneata\s 's('1 V MONS Quality Products and Deponctatdo sarvice Since 1901 Licensed Manufacturer Tricor Refining, LLC Producers of Golden Bears Preservation Products CERTIFICATE OF COMPLIANCE TO WHOM IT MAY CONCERN PRODUCT: RECLAMITE® IT IS HEREBY CERTIFIED THAT THE ABOVE PRODUCT DESIGNATED HEREON CONFORMS TO THE APPLICABLE SPECIFICATIONS FOR THE PRODUCT SO INDICATED, AND THAT PAVEMENT TECHNOLOGY, INCORPORATED HAS BEEN AN AUTHORIZED APPLICATOR FOR D &D EMULSIONS, INC.,AN AUTHORIZED LICENSED MANUFACTURER FOR TRICOR REFINING, LLC. Date: March 28, 2022 Approved by Titre: President . . . ,i itcoR i F .EFINIl ta,, LLC) P:dm:ere of GOLDEN BEAR PRODUCTS i 1134 Manor St.-Clio,CA 03308 if P:O.Box• r Batparattftd.CA 93386 } t=hane set:seart 10. Fartix 61: 41601. I Spitectstitoisr '. 1Te tli ethod � Be+r�trtinrrantbs- Tries ' A:STlII'- . . LASHIO .Mb. :Ahl., Tests on Emulsion:- 1 Vii0Sitii 6 25°,SFS D-244 T-59 15 40 ' R.1,440•16 D-244(mad) T-59(mcd) 60 65 ,, 1Cdisclba ity Team D-244(mod) T-59(mod) No Coagulation, ;.SieveTt�%win D-244 plod) T-59(wad) -- -. 0.1 Pettiole atarge-Test D-244 Tr59 Positive :T____ GB GB -- 30 Dm244 . . 20. . . Test .00l&ice. to DltltaX Bit Flash-Faint;COC.°C D-92 T-48 196 r•• ;Viscosity @ 60°C,cSt D-445 — 100 200 Asphaiteuee,96tv D-2006-70 -- VS Malt ve Disbtibtat o Ratio D-2016.70 -- 0.3 0.6 N4+44;COI g+Ai i''': PCs Ratios 0-400640 — 0s -- Satuirate fridotattoris.S 5 . D-2006-70 21 28 tASTM'C-244 Evvagazadoa Tat tcrparaiat att011ay Is made by kadtiiS0 pan sun&to t49"C{3fl0"F)m.itandato thea awl Fatmemtysdt=Was rastilliL batt ?daetttatt nab'AVM D444 60-aiaoopt:itmt. Na ilCa 04an.+Qdtalde eWtian cit dt bo'aredb giatatfd*t1ibrd Water,. 'Tamps eduasidea*tattwfth ASTM;D-2 60-41:u egt ihatittititfait watari@attba sed in ptam ct to'pestkatixlutii:okiitesa ori; tibiitetOrdtaalr intik* d, Chawticoi acmpasttLoq by`E1ST34'[Vle�ioQ t>=2096-711:. . FCIRMar Chiapoundo, At.First 411414t Ay.Second Aatdatrtna. S or Saturated F ydtatatbaaa. ' !Fina: Farce/tea coavaestoa ma 242 prtloan. Note: Data gtaaautad are typicat. Slight naiad=may occur ttvm tat m tot: • Evaluation of NI $eaLCoat • • Runway 10-34 • • Lajles Fiel " AZO14 eS _ by L E.Pickett Ocouchilkillabo— *GO • . U.S.Army&Waft Welgrintrat Station 903031 I/W*6m Miss Muth 1983 Parnstiotrt Ilesetatologyi Inc. twinge,/iferAdminicor 4viestratitg 24144 Pstrolt IRd.: Mithiltiii OH 4414$ •rir •pi- 1400-333433013 • • • 1, In.Po'btugcY'1.941#0..t pmt formed 10-15 March.An. of want e. � hh� Labaitcuy, ransining from. ams-.�.` Pm. in 1979 and 1983 ws: U.S. Anny .../Inginen7WitsiWays Egcsknenti used to teat same parking-aprOns'and taxi= u , i I,was , .Z. srs _Jack B.Picket and James E I M IOW*AfrasSeiVing Sciiambest T raveled 0 Wes Ficidon, (MAC),.: *i ianI k f "is.ftgiestir 1981 to takes :before and alas a and oaastruidoak pegifon off' air mat and to bb a the reJuve meta the rt i ati POO*Olt 1 * ‘ !. TbelO.80-;it runway was divided tt raises- ��c was FOf I � I ,raises- is bun tsrort rieWiniMNe'r, i"40=11161!**t.AZtp. . • • ee 0, .4 R • - i' 0 I e, 1 3I 1 I 1 --1432 - . '► 1 a. 4 . ,.. . i i .era. se so the runway OtOldtemata open to Thevor**eso:frocesseil by't,Oirlist3it Mao,:4 ..orlo,g.trattmeg.Before treatment, one of triii*list from:the upper Seta=The set,of thiee 6..-0:ini.sine,weretakeri.#each of **ph&etiettkita dad ii'Ont this 3/84n..0.4$ :e4thf1oeethfOsro,eeleetedtit riindem ihrojegiOt. • -eamp1etengllec0 ' 'teilttetutiatOks I. .thetitelesyoitem tett ten:Phesel,and three piOeil at the Md.kboraLDryit-Iiiks4 4 toes*fivinrhOn 4-01,11L Oki law Ot towed'alistieltiusitreoted samplts1“*. .., 11 tstiwithomwourneM.Aftotroitinto4 . ;OW 004:to Vfiaftirpr000sbig. -: Iiiid:00040 *him': . .440101121... .Co*,we taken atlegtit 100*.: tion and iiigegitk Wittig'.Resiflo:ofibese tfoniftlifii 2 to 4 ft of*0-'04ginalcoro: Monitory*mu. -iii*:(mossitipdlzeliablet 1001110135 Ind in itittsifinecontin law. Thrt.toultichertegathe.fedomnifigt of V. --_......;. - - • - - — 1 , .., A f 1 f .I:- .. ile a _ . - . , . . 1 t . 1 1r. . L.L.: .......01 ‘ .,. I . .- -.Mo'' . - I . ft 4 AM' IR V. a. 1 « .1 ,........ ... .,...,,. Illom 11111.41 . .• ,IIMMIIIINIMIIMUM.19.11. Om 1111MINIOmminomIlm. IN. 1111.1MINOMMIN.IMINa_ .16/".•11/00./., ., o1".1L "— ' :0 • 15 I — = , ' , • An I a e • . I ,. . 0 I 7 I. 4 I. - f ...... 1•i -'71 -1. - I .• 0 I ' i _ --- - : ..„,„.• • • • , Talk I , .. ••• UM WittOgoasor,liti • 1 rinetiiikit tholinfratat 17,17 OM Atoete We* Ss* INsiiiito. , 90 6 sate 140'V 091143 MOM , , Sofro- , Liam . ski ktetem.14110 „.... • .• . • 81111940 C thareatet Teemed trometed. %eight ' - .......... ......... ........„-- lipli . 1 2+43,13.74 W 11.00 W.03 401,351 as,4zo 2 23+35, 134.911W 11.00 23.00.. 449.WO '62,011 3 34+34.3.1 ftE 13.00 31.00 *242,293 32,860 4 • .- . 32+07,31.3 11 W 9.00 27.00 1,132,352 .43.497 $ 64+36,32.4 ftE 4 4.00 17.00 2.774,367 . 1774941 6 80+67, 14.6 fi W 9.02 22.00. . 893.971 62,736 • 7 16+86. 121A ftE 6.00 3440 1,263.Sw 23.444: $ 99+17. 17 ten 6.00 29.00 4318,687 41.392 Ayala* 11.63 25.35 1, 145,104. 63,663 Change(CO Peneuttion 194.00. irtectedtr '94A° ............ ., ...,..... • zeeRtue . Decease. . . . ... * I4ar4**44 was eattefaetewelthe Pmetra-• such as:MOW.Ward areakasil,aims with • lion IteM at low*:AM figrease of ipproanagely =bag build-op..Aieas Outilderepilar OM attillmeari art4thelrilit***aa were041314 hoWler's "42t4kWgeditaltHbOther. '*--'- - - of aPProsibeatetv44vereeo4 The efrAriatie.*este.0f itccepe,kjevessietea the , . . _ , „ , ..,. -'rs - •; -• requires thesecrapPeestpdiOn tO surfioe.paterof taiatangt and topipWOO be — :-bleseise4117 X)pews*lattribe lismetase sates,(01/09 iiit,phawnin'Ditok Ef.The *Ci* to be dexemed brOpeezeoL, ponsinder Of the material'Waikusi0 to Or* 4, 'The actor for them*aa* . variOaatamivays and parking aprOtia. M .Ottlh141„:Min*Polla*Mk,.. 'Indult401M loggia1 .12011ealtir Rad,(CievatiM0rH OW ilibkU .., .:.... . • • G I lie itioet tkije Itedmitej,a • Phosel ptellAggint mita*Mazasfsgstet by the Cleo*100ft-iiidearen 0.053 OAK yd GOMM scar piiii*Ia of WIt Oman.. lxi •• AU ether mew 0.061 iselitq Y4 Corporation, lialausffelli„ Caforiria,as a - Phine,11 trjUVIWIlt08". freCiarnit0 13 a iedOrtartiedetPtia• . Sionlhat leavean oak readue apil fiaxitied From center line runwity out SO ft ,0035 Slim yd An other ttruts • . 06Yt]t With a aftWall20119 distributor.The Redtardte 0. 01901sq material was mixed at the job Site,inra two to pbto 111 One tidowith waters two parts Redamitt to From center line runway out SO ft 0.031 0041 yd 043C-Witten The Redamhe*Ore at All'other Mess 0.07401Am yd temperature(60-70."Fywas award ........... onto the runway pavement by Was a 1 140.gal bituminous distributor etpdpped with a10-ft. Jackt•Ilr.katt spray bar. Appllcalion rates were varied mien- • mitioters eiewsdne Tostaarao emir=smile=Diviairs . tioradly to avoid mess rejuvenator U1 meet, conichociti Laboragory ,.... •. . - Construction seal. . pentindronwakaadaaphe :. —.40 , ...OWN SAVaiiii1WWW' DeSdatilti). i . • 1 . . .3"0 ".1111114 ' ' • t..,... ..., Richunitywiticaream) . . • • i., . • • Care Depth Who 1 di. 4 Ire* ....` I 2 . _ • c ,i 6''...... I 6. S• • • I / .. • , * - 111111LIEMI "'' ''4' .ri .." Or 6 Ammowrom• thibilgad . • . . 4*....e ' °. . I 5 Top Kr $31 i . Top 1 6' Hila nottreeSd. . Pillotration. ,IntkasOlieriteetedteml i „ , • en*(Devalmi Wrist rdrintriepry ceera) • _ Deidemitetmated --.' -. ---_____ _ 131epth I mos. 30 moo. I. . 25 ifataided We' LE 13 r........... ......-..... . 13 t - , ,.. :. ustoo ..•..,,„„...,... ;J.01 thodry aloud thesui*ce. .., ..I, ...!. •0 '. ,. ..7,r.4.7M. ./1.0311*ter. Pli I a 116.43a. . Vidtial ceilDNOtelleCelleteken . 880111unirelele`PedecttillitioADtritheet. 11Centielten., _ . _. - - _ ItAKAintietreitlad ... • .1* ' „,_ .Alt . . • , ,. Depth 2 trim 18 Moo. 35 moo. .a. % .'Cirs •.... tOo ri ' I 82 1 — 481"- IN,..., Untreated • .,...-. e A — . . ,.-. I l' A7aPT03 1 14— ......0_4: ..,. ,... .. si-4,„NAL1.5:z. L 7 19 ...... ......... _... :Z.I•r3.4 ! , .. „:..., V. '' 661. . Wig ilittri as samstruction fitai Oath:dry areas of tharnMaent. 5 - - .11M111111.imm moimlos.•••••••*. ....ma 41••••••••.... 11101.01111.*.1. _ 1 Report: 15-1229 Isuruary S,2016 011O‘mtr: Passlasead Tec101400,foe.-GAO piultAtejoiii Schlegel' ?ioject: CluirteStces Colsly,Saw*Cei. 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Charleston County,South Carolina Charleston County,South Carolina Reclamlte Application 2015 Reclamite Application 2015 Change In Viscosity Results Viscosity Test Results Control vs.Treated _ . - . . - , - whin . , . ' •' . Am • _,. . . , : in 1 , • . , . , , eifroolosesere, a afrometso ono KI•111. . .,.,.•L, . . :— - : - ,.:" .i31..1;,)!II.c...00,ii.,"Toe . ' 1 11111 . ' ' 41131■011111001110110/80~0•1111 IIIIMMOTrositrOWNINOV allb 4 _ . . ' 2011•111 . . .00 4/ • 4". ,'. tic. vi, - . -.4,er 4,- .44.,."-- ce „so . . _ . . Sample,identification _Viscosity 600 C,Paises. Original . 3 Year. . . 5 Year South Anderson Avenue' . .... , . Untreated 86177 109950 ..118490 - Treated 38220 66424 90198 Percentage.Decrease 56% 40% 24% • .--- . Original ' 2 Year 4 Year -, Smith.Road Untreated 64993 107220 , 81289 Treated , 32426 50643 53746 . Percentage Decrease 50% 53% ' 34% Original 2 Year , 4 Year Battalion Drive ., Untreated 94533 .128750 '136340 Treated 33743 69437 , 98896 Percentage Decrease 64 . 46% , 28% ., .. , . i • , Charleston County,Sc t Charleston County,Sc Viscosity Test Results Control Vs.Treated Decrease in Viscosity(by Percentage) 5 raw Comparison with Projection 1 S Year Complaisant with Projections 161000 .... ._. 110000 1 64% —• 3614 t Mt SO% 1 163000 - 1 - 1014 — , 111000 , .: -; - 1434 . . . ' 1.MS ' 1 . /Bre . 60000 ,.. i ' 1000D , .. . . , • - 10000 11. i-I i I/ —II 1 I ; . -__ ..._. I 24% '110gtea1 3 Year 5 ear,Oefaircal- 2;ear.4 Yea;-Odes;1 Year .11taar . ! South Andantes Ave 1 Smith Road Mihail"/Id" 1tiOrilata 3 Yew .5 Yew'Origiael 2y&t 4 Year Otnal.2Y.w 4'Veer *Wangled lerrreal Pi i 1 South AnderwnAve : thalthRand Battalion Drive , , .„ Reclamite ® Safety Data Sheets SAFETY DATA SHEET t __ TRICOR 1. Identification Product identifier RECLAMITE®EMULSION Other means of identification None. Recommended use Asphalt Rejuvenator Recommended restrictions Must be diluted with water following manufacturer's recommendations. Manufacturer/Importer/Supplier/Distributor information Manufacturer: Tricor Refining,LLC. Address: P.O. Box 5877 Bakersfield,CA 93388 24-hour Telephone (661)393-7110 Number: CHEMTREC: 1-800-424-9300(North America) 1-703-527-3887(International) 2. Hazard(s) identification Physical hazards Not classified. Health hazards Not classified. Environmental hazards Not classified. OSHA defined hazards Not classified. Label elements Hazard symbol None. Signal word None. Hazard statement Not available. Precautionary statement Prevention Not available. Response Not available. Storage Not available. Disposal Not available. Hazard(s)not otherwise None known. classified(HNOC) Supplemental information Not applicable. 3. Composition/information on ingredients Mixtures Chemical name Common name and synonyms _ CAS number.. _ - % _ DISTILLATES(PETROLEUM), 64742-52-5 <=40 HYDROTREATED HEAVY NAPHTHENIC _ Extracts(petroleum),Heavy 64742-11-6 <=40 Naphthenic Distillate Solvent ._ WATER = 7732-18-5 <=40 . PROPRIETARY INGREDIENTS N/A < 5 4. First-aid measures Inhalation Move to fresh air.Call a physician if symptoms develop or persist. Skin contact Wash off with soap and water.Get medical attention if irritation develops and persists. Eye contact Rinse with water.Get medical attention if irritation develops and persists. Material name:RECLAMITE®EMULSION SDS US 5586 Version#:02 Revision date: 10-27-2021 Issue date:08-19-2021 1/7 Ingestion Rinse mouth. Do not induce vomiting without advice from poison control center.If vomiting occurs, keep head low so that stomach content doesn't get Into the lungs. Most important Direct contact with eyes may cause temporary irritation. symptoms/effects,acute and delayed Indication of immediate Treat symptomatically. medical attention and special treatment needed General information Ensure that medical personnel are aware of the material(s).involved,and take precautions to protect themselves. 5. Fire-fighting measures Suitable extinguishing media Water fog. Foam. Dry chemical powder. Dry chemicals. Carbon dioxide(CO2). Unsuitable extinguishing Do not use water jet as an extinguisher,as this will spread the fire. media Specific hazards arising from During fire,gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire. and precautions for firefighters Fire fighting Cool containers exposed to heat with water spray and remove container,if no risk is involved. Move equipment/instructions containers from fire area if you can do so without risk. Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. 6.Accidental release measures Personal precautions, Keep unnecessary personnel away. Keep people away from and upwind of spill/leak. Keep upwind, protective equipment and Keep out of low areas. Do not touch damaged containers or spilled material unless wearing emergency procedures appropriate protective clothing. For personal protection,see section 8 of the SDS. Methods and materials for Extinguish all flames in the vicinity. containment and cleaning up Large Spills:Stop the flow of material, if this is without risk. Dike the spilled material,where this is possible. Cover with plastic sheet to prevent spreading. Use a non-combustible material like vermiculite,sand or earth to soak up the product and place into a container for later disposal. Absorb in vermiculite,dry sand or earth and place into containers. Prevent entry into waterways, sewer, basements or confined areas. Following product recovery,flush area with water. Small Spills:Wipe up with absorbent material(e.g.cloth,fleece).Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re-use. Environmental precautions Contact local authorities in case of spillage to drain/aquatic environment. Prevent further leakage or spillage if safe to do so.Do not contaminate water.Avoid discharge into drains,water courses or onto the ground. 7. Handling and storage Precautions for safe handling Avoid prolonged or repeated contact with skin.Avoid prolonged exposure. Use only in well-ventilated areas. Conditions for safe storage, Keep away from heat and sources of ignition.Store in original tightly closed container. including any incompatibilities 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Form DISTILLATES PEL 5 mg/m3 Mist. (PETROLEUM), HYDROTREATED HEAVY NAPHTHENIC(CAS 64742-52-5) Material name:RECLAMITE®EMULSION SDS US 5586 Version#:02 Revision date: 10-27-2021 Issue date:08-19-2021 2/7 US.OSHA Table Z-1 Limits for Air Contaminants(29 CFR 1910.1000) Components Type Value Form Extracts(petroleum), Heavy PEL 5 mg/m3 Mist. Naphthenic Distillate Solvent (CAS 64742-11-6) US.ACGIH Threshold Limit Values Components Type Value Form DISTILLATES TWA 5 mg/m3 Inhalable fraction... (PETROLEUM), HYDROTREATED HEAVY NAPHTHENIC(CAS 64742-52-5) { US.NIOSH:Pocket Guide to Chemical Hazards Components Type Value Form DISTILLATES Ceiling 1800 mg/m3 (PETROLEUM), HYDROTREATED HEAVY NAPHTHENIC(CAS 64742-52-5) STEL 10 mg/m3 Mist. TWA 350 mg/m3 Extracts(petroleum),Heavy STEL 10 mg/m3 Mist. Naphthenic Distillate Solvent (CAS 64742-11-6) TWA 5 mg/m3 Mist. Biological limit values No biological exposure limits noted for the ingredient(s). Appropriate engineering Provide adequate ventilation,including appropriate local extraction,to ensure that the defined controls occupational exposure limit is not exceeded. Individual protection measures,such as personal protective equipment Eye/face protection Wear safety glasses with side shields(or goggles). Skin protection Hand protection Chemical resistant gloves are recommended.If contact with forearms is likely wear gauntlet style gloves. Other Wear appropriate chemical resistant clothing. Respiratory protection When workers are facing concentrations above the exposure limit they must use appropriate certified respirators. Thermal hazards Wear appropriate thermal protective clothing,when necessary. General hygiene Keep away from food and drink.Always observe good personal hygiene measures,such as washing considerations after handling the material and before eating,drinking,and/or smoking. Routinely wash work clothing and protective equipment to remove contaminants. 9. Physical and chemical properties Appearance Physical state Liquid. Form Liquid. Color Not available. Odor Not available. Odor threshold Not available. pH Not available. Melting point/freezing point Not available. Initial boiling point and > 212 °F(> 100 °C)IBP boiling range Material name:RECLAMITE®EMULSION SDS us 5586 Version#:02 Revision date: 10-27-2021 Issue date:08-19-2021 3/7 Flash point >413.6°F(> 212.0°C) Evaporation rate Not available. Flammability(solid,gas) Not available. Upper/lower flammability or explosive limits Flammability limit-lower Not available. (%) Flammability limit- Not available. upper(0) Explosive limit-lower Not available. (%) Explosive limit-upper Not available. (0/O) Vapor pressure Not available. Vapor density Not available. Relative density Not available. Solubility(ies) Solubility(water) Readily Dispersible Partition coefficient Not available. (n-octanol/water) Auto-ignition temperature 500°F(260°C) Decomposition temperature Not available. Viscosity Not available. Other information Specific gravity 0.92-1.04 10.. Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use,storage and transport Chemical stability Material is stable under normal conditions. Possibility of hazardous No dangerous reaction known under conditions of normal use. reactions Conditions to avoid Avoid temperatures exceeding the flash point. Contact with incompatible materials. Incompatible materials Strong oxidizing agents. Hazardous decomposition No hazardous decomposition products are known. products 11. Toxicological information Information on likely routes of exposure Inhalation Prolonged inhalation may be harmful. Skin contact Frequent or prolonged contact may defat and dry the skin, leading to discomfort and dermatitis Eye contact Direct contact with eyes may cause temporary irritation. Ingestion Expected to be a low ingestion hazard. Symptoms related to the Not available. physical,chemical and toxicological characteristics Information on toxicological effects Acute toxicity Not classified. Skin corrosion/irritation Prolonged skin contact may cause temporary irritation. Serious eye damage/eye Not classified. irritation Respiratory or skin sensitization Respiratory sensitization Not classified. Skin sensitization Not classified. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1%are mutagenic or genotoxic. Material name:RECLAMITE®EMULSION solus 5586 Version#:02 Revision date: 10-27-2021 Issue date:08-19-2021 4/7 Carcinogenicity IARC Monographs.Overall Evaluation of Carcinogenicity DISTILLATES(PETROLEUM), HYDROTREATED HEAVY 3 Not classifiable as to carcinogenicity to humans. NAPHTHENIC(CAS 64742-52-5) OSHA Specifically Regulated Substances(29 CFR 1910.1001-1052) Not regulated. US.National Toxicology Program(NTP)Report on Carcinogens Not listed. Reproductive toxicity This product is not expected to cause reproductive or developmental effects Specific target organ toxicity Not classified. -single exposure Specific target organ toxicity Not classified. -repeated exposure Aspiration hazard Not classified. Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous. However,this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Persistence and degradability No data is available on the degradability of this product. Bioaccumulative potential No data available. Mobility in soil No data available. Other adverse effects No other adverse environmental effects(e.g. ozone depletion, photochemical ozone creation potential,endocrine disruption,global warming potential)are expected from this component. 13. Disposal considerations Disposal instructions Contract with a disposal operator licensed by the Law on Disposal and Cleaning.Collect and reclaim or dispose In sealed containers at licensed waste disposal site. Do not discharge into drains,water courses or onto the ground.Dispose in accordance with all applicable regulations. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user,the producer and the waste disposal company. Waste from residues/ Dispose of in accordance with local regulations. Empty containers or liners may retain some product unused products residues.This material and its container must be disposed of in a safe manner(see: Disposal Instructions). Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal. Since emptied containers may retain product residue,follow label warnings even after container is emptied. 14.Transport information DOT Not regulated as dangerous goods. IATA Not regulated as dangerous goods. IMDG Not regulated as dangerous goods. Transport in bulk according to Not available. Annex II of MARPOL 73/78 and the IBC Code 15. Regulatory information US federal regulations All components are on the U.S. EPA TSCA Inventory List. TSCA Section 12(b)Export Notification(40 CFR 707,Subpt.D) Not regulated. CERCLA Hazardous Substance List(40 CFR 302.4) Not listed. Material name:RECLAMITE®EMULSION sos us 5586 Version#:02 Revision date: 10-27-2021 Issue date:08-19-2021 5/7 SARA 304 Emergency release notification Not regulated. OSHA Specifically Regulated Substances(29 CFR 1910.1001-1052) Not regulated. Superfund Amendments and Reauthorization Act of 1986(SARA) . SARA 302 Extremely hazardous substance Not listed. SARA 311/312 No Hazardous chemical SARA 313(TRI reporting) Not regulated. Other federal regulations Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPs)List Not regulated. Clean Air Act(CAA)Section 112(r)Accidental Release Prevention(40 CFR 68.130) Not regulated. Safe Drinking Water Act Not regulated. (SDWA) US state regulations WARNING:This product contains a chemical known to the State of California to cause cancer. International Inventories Country(s)or region Inventory name On inventory(yes/no)* Australia Australian Inventory of Chemical Substances(AICS) Yes Canada Domestic Substances List(DSL) Yes Canada Non-Domestic Substances List(NDSL) No China Inventory of Existing Chemical Substances in China(IECSC) Yes Europe European Inventory of Existing Commercial Chemical Substances Yes (EINECS) Europe European List of Notified Chemical Substances(ELINCS) No Japan Inventory.of Existing and New Chemical Substances(ENCS) No Korea Existing Chemicals List(ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances Yes (PICCS) Taiwan Taiwan Chemical Substance Inventory(TCSI) Yes United States&Puerto Rico Toxic Substances Control Act(TSCA)Inventory Yes *A"Yes"indicates that all components of this product comply with the Inventory requirements administered by the governing country(s) A"No"indicates that one or more components of the product are not listed or exempt from listing on the inventory administered by the governing country(s). 16. Other information, including date of preparation or last revision Issue date 08-19-2021 Revision date 10-27-2021 Version# 02 NFPA ratings Health: 2 Flammability: 1 Instability: 0 Disclaimer The information provided in this Safety Data Sheet is correct to the best of our knowledge information and belief at the date of its publication.The information given is designed only as a guidance for safe handling, use,processing,storage,transportation,disposal and release and is not to be considered a warranty or quality specification.The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process, unless specified in the text. Material name:RECLAMrrE®EMULSION SOS US 5586 Version#:02 Revision date: 10-27-2021 Issue date:08-19-2021 6/7 Revision information Hazard(s)identification: Response Hazard(s)identification: Prevention Hazard(s)Identification: Disposal Hazard(s)identification:Storage Hazard(s)Identification: Hazard statement Hazard(s)identification:GHS Symbols Hazard(s)Identification: GHS Signal Words Composition/information on ingredients:Composition comments Composition/information on ingredients:Component information Physical&Chemical Properties: Multiple Properties Toxicological information: Carcinogenicity HazReg Data: North America GHS:Classification Material name:RECLAMITE®EMULSION SDS US 5586 Version#:02 Revision date: 10-27-2021 Issue date:08-19-2021 7/7 • iiia 1 i «'� • to 3'; a .. ,,w,3s '004, _ 1 • • � I!I . .. ,- Ti ' .. o i -Remediating Maltene R juv+ n or • ,L • 4 • • • • orf li cH--(0. 1• II _ r ; Pavement Technology, inc ; .December 2022 • • Hewlett-Packard Company . %A/CE-Oil- • .�y�nu!'br0�+ OVgDrya �� Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 A.R.A.-1 Ti® Pollution-Remediating Maltene Asphalt Rejuvenator Following five years of successful laboratory and field testing,Pavement Technology,Inc.(PTI)is delighted to announce the commercialization of our suite of state-of-the-art pollution-reducing, super-hydrophilic, and UV protective photocatalytic pavement solutions. The product stock represents PTI's next evolution of premium pavement preservation materials enhanced with photo-reactive titanium dioxide (Ti02). A.R.A.-1 Ti® is our celebrated maltene asphalt rejuvenator', with five decades of proven pavement preservation accomplishment, strengthened with the environmental and ecological properties of Ti02. As a natural decomposition accelerant, TiO2 is a multifaceted photo-responsive material 2 rapidly gaining increased scientific and commercial interest for near-roadway microenvironments (MEs) as it advances a host of positive environmental benefits, including: • Depolluting near-pavement air (or water) cleaning applications, where TiO2 reacted surfaces oxidize a variety of pollutants and contaminants such as those emitted by vehicles, especially NOx and VOCs, reducing ozone pollution and mitigating acid rain formation • "Cool Pavements" where TiO2 treated surfaces provide a solar-reflective top boundary, which lessens pavement heat absorption and related radiative forcing (RF) by materially reducing the convective re-release of UV radiation that leads to the undesired heat island effects in our cities while extending the life-cycle assessment of pavements by slowing-down pavement oxidation' • Super-Hydrophilic surfaces,which provide a rapid water-desorbing pavement to reduce saturation and prevent water intrusion damage. Super-hydrophilic pavements are also self-cleaning to remove 1 See Maltene Replacement Technology(MRT)discussion Section 3.7,Page 32. 2 Polymers,Light and the Science of Ti02,DuPontTM Ti-Pure®Titanium Dioxide, DowDuPont,www:dow-dupont.com. 3 Gopalakrishnan K,et al. contaminants (e.g., mold) and staining and are indicated for inclement weather-related safety (rain displacing; ice inhibiting) improvements for roads4 Lead by A.R.A.-1 Ti©, our suite of pollution-remediating solutions creates a perpetual air-purifying roadway microenvironment (ME) that can mitigate the effects of Urban Heat islands and contribute to an agency's compliance with the Clean Air Act (CAA) and the U.S. EPA's stringent National Ambient Air Quality Standard(NAAQS). The Texas A&M Transportation Institute (TTI) is PTI's research partner for our TiO2 enhanced products and all applications include standard verification testing perfected by TTI for pollution-reduction efficiency, Urban Heat Island(UHI)mitigation and water displacement effectiveness. TTI standard photocatalytic property testing includes: • Titanium Dioxide Penetration and Load: XRF(fluorescent X-ray) analysis • Nitrogen Oxide Removal: Japanese Industrial Standard(JIS)TR Z 0018 Photocatalytic Materials —Air Purification Test Procedure (as adapted to ASTM) • UHI Mitigation: U.S. Green Building Council USGBC), LEED V4 Heat Island Reduction (HIR) via Solar Reflectance Index (SRI) - ASTM E1980 - 11 Standard Practice for Calculating Solar Reflectance Index of Horizontal and Low-Sloped Opaque Surfaces • Hydrophilic Properties: ASTM D7334 - 08(2013) Standard Practice for Surface Wettability of Coatings, Substrates and Pigments by Advancing Contact Angle Measurement The verification testing results can be used for preparation for environmental grants and programs,including the Federal Highway Administration's Congestion Mitigation and Air Quality Improvement Program (CMAQ) as provided under the CAA and administered by the Federal Highway Administration (FHWA) with matching funds of 80%to 100%; 5 and the Federal Transit Administration's Urbanized Area Formula Program Grants (UAFPG), which match fund up to 80%for"technical transportation-related studies" and up to 90% for capital investment in"associated transit improvements" attributable to compliance with the CAA.6 Other eligible sources include the Voluntary Airport Low Emissions Program(VALE)through the Federal Aviation Administration(FAA) and the FAA's Aviation Research Grants Program(FAA-12-01). ❑ •r D • FrAi . Contact: Michael Durante r. Vice President . o, mdurante@pavetechinc.com (972) 974-6037 4 Arainpour F and Farzaneh M,On Hydrophobic and Icephobic Properties of 1102-Doped Silicon Rubber Coatings, Department of Applied Sciences,Universite du Quebec, International Journal of Theoretical and Applied Nanotechnology,2012. 5 U.S. Department of Transportation, Federal Highway Administration: Congestion Mitigation and Air Quality Improvement Program(CMAQ)(U.S.C.149/FAST Act Section 1114),www.fhwa.dot.gov. 6 U.S. Department of Transportation, Federal Transit Administration: Urbanized Area Formula Program Grants (49 U.S.C. Chapter 53,Sections 5307 and 5340/FAST Act Sections 3004,3016),www:transit.dot.gbv. A.R.A.-1 Ti® Pollution-Remediating Maltene Asphalt Rejuvenator • Maltene Asphalt Rejuvenating Agent • Enhanced with Photocatalytic Grade Titanium Dioxide (TiO2) • Captures and Removes up to 60% of Toxic Airborne Vehicular Emissions • Replenishes Exact Molecular Components Lost to Manufacturing and In- Service Oxidation • Restores and Improves Pavement Density and Durability • Creates a UV Protected Pavement that meets USGBC LEED for Urban Heat Island Mitigation • Presents a `Quick Drying' Super-Hydrophilic Surface • Reduces Water Intrusion Damage • Extends Pavement Life Cycle by as much as Twofold • Self-Cleaning; Anti Mold; and Anti-Microbial • Promotes Safer Inclement Weather Pavements : ' . ill ; -.,.. 414 .: pi - , .-:.-..4 ' V-a: -, - - I^� I - Real,Science.Real Results:.= ,,,ea-,--e. r a .)4.,. �4.,..•=A i i .) , t - 1 I V ' .33t' _r- i www.pavetechinc.com , ANY TOWN... R 4, . :, 1U �; 1i. �t {„— .. TODAY �`{ { I ` 1., 11 ' ORDINARY LYTIC,... s. PAVEMENT `v, PAVEMENT Vehicular Pollutants \, Harmless Nitrates JNOx) ,` (NO3) 1)44 ' 1 ' -”'' 1 , s,,, •-.-.-' 0 ,,_ i . ', ' 'f, , dir i 1 °mss 1- 1 1. ► :4 NOX - y I. ,4...)-.,(1/4); , r t. Untreated Pavement Ti02 Ti'O2 Ti02 Ti 02 Ti 02 TiO2 TiO2 Urban Scaling for the Benefits of Pollution Remediation, Heat island Reduction and Pavement Preservatkn with Durable Photocatahjt k Pavements Research Support Dr.Dan Zollinger,Ph.D.,P.E. TexasA&M Dr. Dallas Little, Ph.D.,P.E. Transporta tion Texas A&M Transportation Institute � InStitute Texas A&M University System 400 Harvey Mitchell Parkway South, Suite 300 College Station,Texas 77845-4375 (979) 862-6777 aiwards'@`tamu.edu'. Table of Contents 1 SUMMARY AND TESTING 1 1.2 Field Testing—Vehicular Pollution Removal 2 1.3 Acid Rain Mitigation with TiO2 Treated Roads 5 1.4 Field Testing—Cool Pavements with TiO2 6 1.5 Field Testing—Super-Hydrophilic Pavements 6 2 SPECIFICATION—Pollution-Remediating Polymerized Maltene Asphalt Rejuvenator 11 2.1 Description: TiO2 Enhanced Asphalt Rejuvenating Agent 11 2.2 Materials and Performance: TiO2 Enhanced Asphalt Rejuvenating Agent 12 2.3 Maltene Replacement("Rejuvenation")Test 13 2.4 Photocatalytic Properties Testing 14 2.4.1 TiO2 Penetration Test 14 2.4.2 NO2 Reduction Effectiveness: 14 2.4.3 NO2 Reduction Test: 14 2.4.4 Solar Reflectance Effectiveness: l_ 2.4.5 Solar Reflectance Test(s) 15 2.4.6 Hydrophilic Improvement: 16 2.4.7 Wettability Test: 16 2.5 Equipment ... - 16 2.5.1 Distributor 16 2.5.2 Aggregate Cover Truck: 17 2.5.3 Calibration: 17 2.6 Construction 17 2.6.1 Layout: 17 2.6.2 Weather and Seasonal Limitations 17 2.6.3 Preparation of Surface: 17 2.6.4 Application of TiO2 Enhanced Asphalt Rejuvenating Agent: 17 2.6.5 Material Placement: TiO2 Enhanced Asphalt Rejuvenating Agent 17 2.6.6 Test Strip for Application Rate: 18 2.6.7 Cover Aggregate Application: 18 2.6.8 Handling of TiO2 Enhanced Asphalt Rejuvenating Agent: 19 2.6.9 Street Sweeping: 19 2.6.10 Resident Notification: 19 Table of Contents (continued) 2.2.11 Traffic Control: 19 2.2.12 Method of Measurement 19 2.2.13 Basis of Payment: 20 ADDENDUM 3 BACKGROUND 22 3.1 Mobile Source Pollution and Tropospheric Ozone 22 3.2 Air Quality and Resident Health 3.3 On-Road Vehicular Emissions 3.4 Surface Chemistries and Catalytic Pollution Removal Systems 26 3.5 Solar Reflective Properties of TiO2 27 3.6 Pavement Preservation and GHG Mitigation • 31 3.7 Deterioration of Asphalt Pavements Due to Manufacturing and Environmental Factors ...... 32 3.8 Road-Level Air Quality Reference Testing 34 3.9 The Road of the Future Is Ready • List of Drawings and Figures Figure 1.1 TiO2 Penetration—Orlando International Airport 4 Drawing 1.2 Super-Hydrophilic Surfaces Can Rapidly Displace Water... .... . .... . :.:.:: 7 Drawing 1.3 Hydrophilic vs. Hydrophobic Contact Angles 7 Figure 2.1 A.R.A.-1 Ti®Application 11 Figure 3.1 Greenhouse Gas &Smog Forming Emissions 22 Figure 3.2 Major City Sources of NOx.........................................................................,.,..... ....,...... 23 Figure 3.3 Ozone Nonattainment at 60 ppb 24 Figure 3.4 Vehicle MPG vs CO2e 26 Drawing 3.5 TiO2 Based Photocatalysis—Band Gap Excitation 27 Drawing 3.6 How the Heat Island Effect Occurs 28 Drawing 3.7 Pavement Reflectivity and Time 29 Figure 3.8 Heat Shortens Pavement Life 29 Figure 3.9 Solar Reflectance(%) -Treated 30 Figure 3.10 Solar Reflectance(%) -Untreated 30 Figure 3.11 Heat-Build vs Pigment Color 30 Figure 3.12 CO2e Emissions by Asphalt Pavement Input 32 Figure 3.13 Pavement Preservation Impact on CO2e Reduction 32 Figure 3.14 Maltene Rejuvenator Study: Seven Year Oxidation Rate Curves 33 Drawing 3.15 Photocatalytic Disproportionation of Nitrite Gas (NO2)into Nitrate (NO3) 35 List of Tables Table 1.1 Multi-year NO.Reduction Testing—Orlando(FL) and Greenville(SC) -.. 3 Table 1.2 NO.Reduction—Charlotte County(FL) and Orlando International Airport..... 3 Table 1.3 NO.Reduction—Greater Raleigh [Cary] (NC) - <3 Table 1.4 NO.Reduction—TTI Test at the Center for Infrastructure Renewal (CW)............:: 4 Table 1.5 Solar Reflectance—Charlotte County(FL) and Orlando International Airport 5 Table 1.6 Water Contact Angle—FDOT OGFC Test Bartow (FL) 8 Table 1.7 TiO2 Impact on Skid Resistance and Hydrophilic Implications.... 9 Table 2.1 Test of Emulsion and on Residue 12 Table2.2 Test of Solar Reflectance.....................................................:.....................:..........:. .:: 15 Table 2.3 Test of Water Contact Angle 16 3 i List of Acronyms AADT Average Annual Daily Traffic MSRP Manufacturer's Suggested Retail Price AASHTO American Association of State Highway and NAAQS National Ambient Air Quality Standards Transportation Officials NEI National Emissions Inventory ABD Atmospheric Boundary Layer NREL National Renewable Energy Laboratory AMTIC Ambient Monitoring Technology Information NAWQA National Water-Quality Assessment Program Center NVFEL National Vehicle and Fuel Emissions APEX Air Pollutants Exposure Model Laboratory APWA American Public Works Association NEV New Energy Vehicle ARA Asphalt Rejuvenating Agent NM Nanometers ASR Alkali-Silica Reaction NNE Nitrite-Nitrate Exchange Indexing ASTM American Society for Testing and Materials NO Nitric Oxide BTU British Thermal Units NO2 Nitrogen Dioxide °C Celsius NO3 Nitrate CAA Clean Air Act 1990(amended) NOx Nitrogen Oxides CAFE Corporate Average Fuel Economy 03 , Ozone CAP Criteria Air Pollutant OGFC Open Graded Friction Course CIR Center for Infrastructure Renewal OTIC Ohio Turnpike and Infrastructure CMAQ Congestion Mitigation and Air Quality Commission Improvement Program P Poise CO2e Carbon Dioxide Equivalent PCC Portland Cement Concrete CsT Centistokes PM2,5 Particulate Matter<2.5µm(micron) D&D D&D Emulsions,Inc. PPB Parts Per Billion ECF Electrochemical Energy Field PPM Parts Per Million EPA U.S.Environmental Protection Agency PPMC PPM Consultants,Inc. ENV Envision Framework for Sustainable and PSH PhotoInduced Superhydrophilicity State Resilient Infrastructure PTI Pavement Technology,Inc. EV Electric Vehicle PCO Photocatalytic Oxidation °F Fahrenheit Redox Oxidation-Reduction FAST Fixing America's Surface Transportation Act RF Radiative Forcing FHWA Federal Highway Administration ROI Return on Investment FRM Federal Reference Method SCAQMD South Coast Air Quality Management District GSY Gallons Per Square Yard SCM State,County,and Municipal GHG Greenhouse Gas SCR Selective Catalytic Reduction GWP Global Warming Potential SCRP Sustainable Communities Regional Planning H2O Water Grant HAP Hazardous Air Pollutant Sox Sulfur Oxides HIR Heat Island Reduction Sq/Yd Square Yard(s) HIRP Heat Island Reduction Program SR Solar Reflectivity HNO3 Nitrate Salt SRI Solar Reflectance Index HUD U.S.Department of Housing and Urban TTI Texas A&M Transportation Institute Development TiO2 Titanium Dioxide ICV Internal Combustion Vehicle IUC University of Illinois Urbana-Champaign IRI International Roughness Index UAFPG Urbanized Area Formula Program Grant 151 Institute for Sustainable Infrastructure UHI Urban Heat Island effect JIS Japanese Industrial Standard USD U.S.Dollars LCA Life Cycle Assessment USGBC U.S.Green Building Council LEED Leadership in Energy and Environmental UV Ultraviolet Light Design VALE Voluntary Airport Low Emissions Program LF Lineal Feet VOC Volatile Organic Compound M2 Meters Squared W Weight of Residue ME Microenvironment WCA Water Contact Angle MI Megajoule WHO World Health Organization MM Millimeter XRF X-ray Fluorescence MOT Maintenance of Traffic MPG Miles Per Gallon MPO Metropolitan Planning Organization MRT Maltene Replacement Technology 1 SUMMARY AND TESTING The combined action of urbanization (change in land use) and sharp increase in vehicular The background,methods, application and testing emissions intensifies both the build-up of GHGs for PTI's photocatalytic pavement solutions for in the air we breathe and the impact of heat sinks. pollution removal, pavement lifecycle extension The circular impacts from air pollution and UHI and urban heat management are described herein. amplify related economic stresses on communities. In turn, GHG inventories PTI is into its fifth decade serving government accumulate, exaggerating linked atopic and other agencies and was an early advocate for asphalt human disease.8 rejuvenation nanoscience using Maltene Replacement Technology (MRT) 7 to extend the National Emissions Inventory (NEI) Data 9 life cycle assessment (LCA) of asphalt indicate motor vehicles operating on roadways pavements. Thousands of agencies (SCMs) have emit on average 60% of ozone pollution (03), employed MRT for many decades as part of their principally NO,, in the United States. In more roadway planning and maintenance protocols to densely populated areas, vehicle-based emissions reduce costs and lower their community's carbon inventory trend closer to 75%, while total vehicle footprint. Pavement preservation solutions emissions in rapidly growing metropolitan areas enhanced with the trifecta of photocatalytic have skyrocketed over 80% since 1990.10 properties, from depollution to heat-reducing and life cycle extending, are a natural advancement in In addition to poorer air quality and the escalating environmental and sustainability solutions from health burden, mobile-sourced pollution is PTI. contributing to the "western impacts", including rising sea levels and warmer climates. For These next generation products are proving example, intensified El Nino effects are resulting valuable to SCMs and other transportation in exaggerated precipitation and incidence of 1 infrastructure authorities,such as airports,seeking flooding in the Southeastern United States and to manage compliance with the Clean Air Act droughts in the West. (CAA), the National Ambient Air Quality Standards (NAAQS) for airborne pollution NOX is the primary component of 03 or "urban inventory minimums, and Urban Heat Island smog". It is a class of gaseous pollutants effect(UHI). generated during high temperature processes of internal combustion engines and consists of nitric The near-road microenvironment (ME) is a oxide (NO) and nitrogen dioxide (NO2). NO2 is significant area of policy and practice concern for considered among the most dangerous air modern urban planners, regulators, and pollutants impacting human health and the sustainability managers. Emissions from cars and environment and is one of six Criteria Air trucks are a major source of greenhouse gases Pollutants (CAPs) as defined under the NAAQS. (GHGs)and the primary source for anthropogenic airborne toxins, such as nitrogen oxides (NO,,) Photocatalytic oxidation (PCO) of NO,, using and volatile organic compounds (VOCs), that topical spray materials containing titanium form the nucleus of unhealthy photochemical dioxide (Ti02) for roadway applications is a smog. novel,yet proven technology for mitigating urban smog. It has been researched and tested broadly, ' Pavement Technology, Inc.,,www.pavetechinc.com/got- 9 U.S. Environmental Protection Agency (EPA): National maltenes/. Emissions Inventory (NEI), www.epa.gov/air-emissions- 8 Swamy G, et al., Urban Heat Island (UHI) Influence on inventories/national-emissions-inventorv-nei. Secondary Pollutant Formation in a Tropical Humid i0 Boston University: Database of Road Transportation Environment,www.PubMed.gov. Emissions and The New York Times,October 2019. especially in Europe. While the success rate for With a half century of experience introducing PCO efficiency of TiO2 solutions has been nanotechnologies to pavements, PTI's consistently encouraging,'1 12 prevailing photocatalytic solutions are designed to deeply techniques for both the development and penetrate pavement surfaces to deliver application of TiO2 compounds have proven not nanoparticle, photocatalyst TiO2 into depth at durable or economical. optimal load for sustained PCO and UHI mitigation. The product stock can be applied to That now has changed. almost any asphalt or concrete substrate using PTI's advanced application apparatus and at a In 2017(and 2018),PTI applied the first field tests fraction of the costs to more archival means to for durable TiO2 solutions in Greenville(SC) and clean air, reduce heat build and extend Orlando (FL). The technological breakthrough infrastructure Iife cycle. combined proven surface penetrating pavement preservation compounds, long utilized by Based on the Greenville and Orlando successes conservation minded SCMs, fortified with (Table 1.1),14 more refined applications of these photocatalyst grade Ti02, to impregnate new solutions have been deployed in the field as pavements with the natural pollution-reducing pilot projects in Austin (TX), Charlotte County and heat reflecting material. The PTI technique (FL), Greater (Cary) Raleigh (NC), Bartow (FL) provides both a method for sustainable TiO2 [FDOT test], Akron (Summit County) (OH) and delivery into pavement wearing-course depth and at Orlando International Airport(MCO). at cost-effective "retrofit" economics. The practice promotes an efficient and scalable Recently, Cincinnati (OH) and Raleigh (NC) application for solar-based, direct capture placed the first ever public bid and RFP for these technology for 03 precursors in the near-road materials. They will be used on the first environment. photocatalytic pavement related project to receive 2 LEED in St. Petersburgh (FL) and piloted at the Titanium is an amazing material. It is as strong as Kennedy Space Center by NASA later in summer steel, yet a fraction of its weight and much more 2020. durable. TiO2 is a natural mineral whose atypical chemical properties have led to a diverse range of 1.2 Field Testing - Vehicular Pollution commercial and industrial uses from whitening Removal additives in paints to food coloring, candy The Texas A&M Transportation Institute (TTI) coatings, toothpaste, and reflective sunscreens, has tested field cores from the pilot sites using etc. standardized photocatalytic materials testing protocols for PCO. 15 TTI testing indicates Or as surface `wetting' (i.e.,hydrophilic)and anti- consistently strong NOX reduction at all sites fogging agents and as photo-reactive chemical tested and over multiple years on the oldest sites catalysts.13 (Tables 1.1-1.4). 11 Dios J, et al., Decontamination through Photocatalytic 14 Zollinger DG and Joshaghani A,Laboratory Investigation T102 Additions — Past, Present and Future, International of the Effect of TiO2 Topical Treatments on Concrete and Conference on Emerging Trends in Engineering and Asphalt Samples, Texas A&M Transportation Institute, Technology(ICETET),London 2014. September 2018. 12 Gopalakrishnan K, et al., Climate Change, Energy, 15 Japanese Industrial Standard (JIS) TR Z 0018 Sustainability,and Pavements,Springer,2014. Photocatalytic Materials—Air Purification Test Procedure, 13 Gopalakrishnan K, et al., Climate Change, Energy, Sustainability,and Pavements,Springer,2014. Table 1.1 Multi-year NOx Reduction Testing—Orlando (FL) and Greenville(SC) • A.R.A.-1 Ti Site NO Reduction Efficiency (%) 0.04—0.05 gay Control Y1 Y2 41- 1' .Y2 Light T102 Sample maple A ¢Sariept.A ;, Sample 15 ;; -Sample is Orlando (FL) NEGL 28% 33% 34% 30% •Greenville (SC) NEi' 38% 35% 43% is GL 38% Source:Texas A&M Transportation Institute(TTI) Table 1.2 NOY Reduction—Orlando International Airport and Charlotte County (FL) Site NO Reduction Efficiency (%) 0.08 gay f Control A.RA-I TieA.RA-I Tie Lithot000TP I lillwe000Ti• >TiO2 , Sample . .S-ample A �� Sample a Sample A ;Sample:R Orlando NEGL .45% 43% • 53% 57% International Charlotte Co. (FL) NEGL i 42%Q IL 46% 3 Ti-introCMETM Ti-introCMETM Ti-introCMETM Ti-introCMETM Concrete Concrete Asphalt Asphalt Sample A Sample B Sample A Sample B Charlotte Co. (FL) NE01. .4$% 47% 49% 50 Source:Texas A&M Transportation Institute(TTI) Table 1.3 NOx Reduction—Greater Raleigh [Cary] (NC) Site NO Reduction Efficiency (%) A.R.A:i Ti® Control 0.08 gay 0.08 gay 0.07 gay 0.07 gay Sample i Sample A Sample d Sample A Sample Is Cary, NC NEGL 46% 45% 42% 44% Source:Texas A&M Transportation Institute(Ti!) Table 1.4 NON Reduction—TTI Test at the Center for Infrastructure Renewal(CIR) Compound NO Reduction Efficiency (%) Aip IG9t101f Control 0.05 0.06 0.08 0.10 0.12 1. Rate I Sample gsy gsy gsy gsy gsy if 3 +.i 4 4.17; ..:::'A:. i A.R.A.-1 Ti) NEOL 53% 57% 61% 53% 48% Ti-introCMETM iNEOL 48% (' • 52% 55% . , 58%• €� 53% F.,,..,,„.,,,,,,,,„ 0.04 0.06 0.10 Rate gsy gsy gsy j Litho 1 000 Ti'") j 446% 1' 55%0 1 48% i I1 r I If r Source:Texas A&M Transportation Institute(TTI) Road-level NOx capture and sequestration or Texas A&M also has tested the pilot sites for TiO2 "NOx Capture"has been the principal advantage penetration (durability) and load optimization of PTI's photocatalytic pavement solutions, with (PCO efficiency) through `wearing-course' depth a product stock including A.R.A.-1 Ti® for (0 to 6 nun) 16 using x-ray fluorescence analysis asphalt surface courses, Lithol000Ti`i`' for 4 (Figure 1.1).17 18 concrete surface - courses, JOINTBONDTi'a (longitudinal joints) and Ti-introCME® (all Due, in large part, to previously proven penetrant substrates),which cover most or all transportation technology, PTI test sites consistently indicate infrastructures and needs. deep penetration of the photocatalyst material at efficient PCO concentrations (> 2000 ppm) as Figure 1.1 TiO2 Penetration—Orlando deep as 50 mm (2 inches) or 8x AASHTO International Airport wearing-course depth. ,5000 _ A:R:A.=1;Ti° The high TiO2 presence at wearing-course depth aa000 is why the NOx reduction figures are consistently °' �~ 03000 lay.. - .._ -- _. strong. Penetration and reliable load optimization © +:-=4p...7. ._ ;, x2000 `' ��7--sargai . of the TiO2 is the key to the significant , ti.; technological advancement with Pavement 4)1000 - - Technology's photocatalytic pavement solutions. c o ' ; -W._' This was achieved by combining two proven 0 5 10 15 20 25 30 35 40 45 50 55 60 65 70 75 nanotechnologies—known pavement preservation ——— Core#1 (0.05) DeptHH U;ore#2(0.05) penetrating agents(e.g.,MRT)and photocatalysis Core#12(0.10) Core#13(0.10) using photoreactive grade nanoparticle titanium dioxide. Source:Texas A&M Transportation institute(TTI) 16 The American Association of State Highway and 17 Zollinger DG and Joshaghani A,September 2018. Transportation Officials(AASHTO)sets pavement wearing 18 Zollinger DG and Joshaghani A, Follow-up,May 2019. course depth at 0.25 inches. 1.3 Acid Rain Mitigation with TiO2 Treated nitrogen levels impacting lakes,reservoirs,rivers, Roads and other estuarial expanses. Atmospheric deposition of nitrogen is a major source of nitrate found in watersheds and is Vehicular emissions are the second largest source addressed by various water-quality legislation. of nitrogen builds in watersheds,after agricultural Specifically, because almost all of the sources of sources, and can contribute as much as 40% 19 of nitrogen contaminations are point sources, this nitrate levels in dense urban settings. form of pollution is best controlled by directly reducing nitrogen oxide emissions. The U.S.Geological-Survey(USGS)recommends direct reduction strategies for mobile-sourced Commonly, these point sources are located NOR be employed to reduce such water outside of the political boundaries of watersheds contaminations. So, photocatalytic pavements that inherit this atmospheric deposited nitrogen provide a preferred strategy for acid rain and, therefore, may not be controlled through mitigation and direct reduction of watershed SCM regulations nor governance. Recent nitrogen builds. amendments to the CAA have mandated reductions to NOR, including from mobile sources,as they are a critical factor in managing Table 1.5 Solar Reflectance—(a) Orlando International Airport and (b) Charlotte County(FL) Compound . Solar Reflectance Index Values (SRI) Substrate Ap IieatIan av+ '`- s ' Control Control 0.10 0.10 0-08 0.08 ste:{a)r a! Sample Sample 9sy gsy gsy gsy 5 A.R.A.-1 TIS,' 9 8 40 39 Asphalt Lithol000 Tip ' ) 24 1 ., if w . �_ ._. :38j 38 Concrete Application , ntrol 0.00 O.OG Sample 9sy gsy Ti-IntroCMETm f 11 30 34 Asphalt Tint In roCMErm I i a- 20` I }' 37 ; ` 42 P T Lithol000 Ti" 25 41 46 Concrete Source:Texas A&M Transportation Institute(TTI) 19 U.S. Geological Survey's National Water-Quality Assessment Program(NAWQA),www.usgs.com. 1.4 Field Testing - Cool Pavements with TiO2 U.S. Green Building Council LEED for heat In 2019, TTI added testing for solar reflectance island reduction (Table 1.5).2°21 (UHI mitigation effectiveness), showing PTI test sites consistently exceed the threshold for At Orlando International Airport, PTI solutions turned an almost perfectly absorptive asphalt parking ramp (FedEx terminal) with a Solar t �, t; :i' t ;\i ,1 �; , Reflectance Index (SRI) of 9 (out of 100) into a 39-40 or 40% more reflective than LEED Vrequ.LJ,', FT',., L i L.4 LAl ,;7-t ,t ,( irements and.>4x as heat energy displacing: as original,untreated asphalt. As a heat mitigator, photocatalytic grade TiO2 Outdoor.Temperature 99n simultaneously absorbs solar radiation away from the pavement substrate and efficiently redirects `' Y the energy back into the atmosphere, thereby r 11101010 protecting the pavement from oxidative deterioration (LCA extension) and eliminating , excess pavement emissivity (especially in �''' asphalts),creating a so-called—"cool pavement" . r'; 1.: which greatly helps reduce UHI.22 l r:• ,- Tina Treated � pia!`1e--u : 'Road :�� .: : -' 1.5 Field Testing — Super-Hydrophilic Uli -1 ra .-'�- K---{Pi Pavements `' Ti02-bearing pavements exhibit a Photoinduced ,- k.• I ti Superhydrophilicity State (PSH) when exposed 6 . - w•Y,�.- . 7>a �,, to UV radiation, which enables water to disperse - " ""''"-',. 4--a.' and desorb across a Ti02-treated surface much -1,,� -�„ more efficiently.23 24 This;greatly reduces water , - '-• intrusion risk to pavements and critical for J c .J�'-i' longitudinal joints. L ;i . PSH pavements also promote significant - _ highway safety improvement implications ( „0.1. including reduced hydroplaning, less windshield . ii, ir K3 , .,, visibility impairment, and possibly ice formation mitigation. It also is why TiO2 treated surfaces " Reaf Science. are mechanically "self-cleaning" and both anti- Real Results. . mold and antimicrobial.25 2°Zollinger DG and Joshaghani A,Solar Reflectance Analysis 23 Mechanism of Photoinduced Superhydrophilicity on the of TiO2 Penetrant Treatments on Concrete and Asphalt Photocatalyst Surface, The Journal of Physical Chemistry, Samples, Texas A&M Transportation Institute, August American Chemistry Society,2005, Masato T,et al. 2019. 24 Vassilia Z, Hydrophilic TiO2 Surface Without 21 U.S.Green Building Council USGBC),LEED V4 Heat Island Photocatalytic Activation, Lawrence Berkeley National Reduction(HIR)via Solar Reflectance Index(SRI)>50%29, Laboratory,University of California at Berkeley. www.usgbc.org. 25 Kubacka A, Suarez Diez M, et al., Understanding the 22 EPA, Reducing Urban Heat Islands: Compendium of Antimicrobial Mechanism of Ti02- based Nanocomposite Strategies, Urban Heat Island Basics,www.epa.org. Films in a Pathogenic Bacterium,Nature Journal, 2014. For example, the PTI test site at Orlando as 5x a non Ti02-bearing or "inactive" surface.27 International exhibited significant mold removal 28 within the first few months on the previously As with NO,f reduction, the "fully hydroxylated" mentioned FedEx ramp treated with A.R.A.-1 Ti02-bearing pavement 29 during photocatalysis Ti®. causes powerful oxidants to combine with the adsorbed water molecules (e.g.,rain) to form new Light energized TiO2 strongly attracts water, hydrogen bonding with the H2O clusters. This which is naturally polarized, where the water forces the distribution of these bonds within the molecules are split by the activated surface, water droplets to decrease, resulting in a resulting in vastly improved disposal of H2O as it reduction of surface tension between the water is transformed into thin films across the surface, and the photoreactive TiO2 surface.3°31 not allowing droplets (and ponding) to form (Drawing 1.2). A WCA of less than 90 degrees is considered Drawing 1.2 Super-Hydrophilic Surfaces "hydrophilic" and will increasingly (with lower Can Rapidly Displace Water contact angle)speed-up the displacement of water (Drawing 1.3). Drawing 1.3 Hydrophilic vs Hydrophobic Contact Angles 0454P do°i v CIO °61r_ oUtPd o� Contact angles b) I_ WtylJNWODiC_. Fq.1 Schematic representation of water,droplets behaviour over fa) . S, _ ..y� , . ati?�' uncoated glass substrates and Ib) TO:-coated glass substrates - • (' j exhibiting the photoinduced•uperhydrophtllcity Source:Universidade do Porto(Portugal) Source:London South Bank University - This PSH or "quick drying" transition of a photocatalytic pavement surface can be observed For example, in highway design, an open graded by measuring water contact angle (WCA) before friction course(OGFC)is designed specifically to and after UV illumination,26 where a Ti02-bearing physically reduce water contact angle as surface surface presents a contact angle considerably roughness has a strong effect on wettability. lower when irradiated. This accelerates the dispersion of water across the surface by as much 26 ASTM D7334 - 08(2013) Standard Practice for Surface 30 Transparent Superhydrophobic/Superhydrophilic TiO2- Wettability of Coatings, Substrates and Pigments by based Coatings for Self-Cleaning and Anti-fogging,Journal Advancing Contact Angle Measurement. of Materials Chemistry, Royal Society of Chemistry,2012. 27 Research Institute of Toto Ltd.,Tokyo,Japan,1995. 31 Masato T, Sakamoto K, et al., Mechanism of 28 Banerjee S, et al., Self-Cleaning Applications of TiO2 by Photoinduced Superhydrophilicity on the TiO2 for Photo-Induced Hydrophilicity and Photocatalysis,2015. Photocatalytic Surface, Department of Chemistry, 29 Hydroxylation is a chemical process that introduces a Graduate School of Engineering, Osaka Prefecture hydroxyl group(-OH)into an organic compound and is the University,February 2005. first step in oxidative degradation. A photocatalytic pavement will be even more PTI tested A.R.A.-1 Ti® on an OGFC in Bartow. - efficient at producing a hydrophilic outcome (FL)for the Florida Department of Transportation through its high electro-chemical energy (FDOT) in 2019. As indicated in(Table 1.6),the transformation of water molecules as described, TiO2 enhanced test section observed a material providing a measurable upgrade to the water decline in WCA from 81-82 degrees to 50-51 desorbing efficiency of any pavement substrate. degrees for a nearly 40% improvement in water displacement capability. Table 1.6 Water Contact Angle—FDOT OGFC Test Bartow (FL) Site Water Contact Angle° A.R.A:,Tim Control 1 Ti02,4 f 'I 102 i 7102 2.__ 7102 Sample .`VIsili e:Ught W LiSht ii Visible Ugh! UV Light ; - ' FDOT Test 81° 82° 51° 81° 50° Source:Texas A&M Transportation Institute(TTI) In the Charlotte County (FL) trials, PTI tested products to high speed thoroughfares. But what both Litho1000T'®and Ti-introCME®across test also was observed was clear indications of the sections for skid resistance (friction) under the instantaneous hydrophilic effect the TiOz imparted standard testing protocol 32 which was executed to the surface of the pavement. by International Cybernetics (Table 1.7). The 8 primary purpose for which was to determine skid resistance safety when applying TiO2 enhanced • 32 ASTM E247/E274M-15 Standard Test Method for Skid Resistance of Paved Surfaces Using a Full-Scale Tire. Table 1.7 .TiO2 Impact on Skid Resistance and Hydrophilic Implications Lithol000 Ti Location / Rate gsy Pre-Application Post 20 Minutes Post 24 Hours I Indian Trail WB/0.03 ! 43i 41 44 { Indian Trail WB/0.06 43 47 50 1 Ti-introCME® Location / Rate gsy 1 Pre-Application Post 20 Minutes ! Post 24 Hours Alicante Drive EB/0.03 i 58 i 61 61 Alicante Drive WB/0.06 59 64 64 Indian Trail WB/0.03 — ___ _-1 In ' 42 1 43 45 _ { Indian Trail.WB/0.06 42: 51 51 Source:International Cybernetics,Charlotte County(FL)March 2019 As exhibited, the surfaces treated with both test. But it is direct evidence of improved Lithol000Ti® and Ti-introCME® showed that hydrophilic tendency of a road impregnated with friction was not adversely impacted in any of the photocatalyst grade Ti02. While more expanded tests and that in all six tests, skid resistance research is concurrent, under actual inclement improved meaningfully. That friction results weather conditions, one should expect. the improved immediately (tested after just 20 improved (relative) skid resistance for a Ti02- minutes following application)and continued was bearing pavement to be even greater, hence the 9 insightful as it indicates the clear presence of the safety improvements realizable. TiO2 and a PSH. To some, this may appear to be a startling outcome, especially considering the rather small amount of water used in the standardized friction PTI's photocatalytic pavement solutions provide the Public Works profession the first method for sustainable TiO2 delivery into pavement wearing-course depth and at cost-effective "retrofit" economics. The technique promotes an efficient, durable, and scalable application for solar-based, "NOX Capture" technology for the systematic removal of 03 precursors, UHI mitigation, pavement infrastructure LCA extension, and improved roadway safety in the critical near-road environment. . . 1 'PERFORMANCE SPECIFICATION 10 • 2 Pollution-Remediating Polymerized Maltene Asphalt Rejuvenator 2.1 Description: TiO2 Enhanced Asphalt Rejuvenating Agent The work specified in this section shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of a penetrating polymerized asphalt rejuvenating agent to asphaltic concrete surface courses. The asphalt binder rejuvenation shall be affected through the petroleum Maltene Replacement Technology method. In addition, and with the same penetrating carrier liquid, apply photocatalytic-grade titanium dioxide (Ti02) to create a pollution reducing pavement microenvironment. The rejuvenation of surface courses shall be by spray application of a polymerized maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water and containing photocatalytic titanium dioxide in a minimum parts per million at a minimum depth as hereafter specified. All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract. Figure 2.1 A.R.A.-1 Ti®Application '�{/ 'N ',4` 6, =i /i --21 i-� yf J l {fit j� �.. ti. '...14-.4 * 4 ;J:. ' L e 5 `- ...7t--:-.4„.. -;+<. n. r.....vatt, it 1,:,4,.. --1-.--„: - -4 .• ---;mti,r,a_ likt.:A .,4.. g . '''';'r..,0 ir 1 ti -` i �_; . r z a , , 1,-It s... ;111414.-111 .r 1 iti 4,,,traf d4 4,40 . - . . , Source:Pavement Technology,Inc.;Cary,NC 2019 2.2 Materials and Performance: TiOz Enhanced Asphalt Rejuvenating Agent The TiO2 Enhanced Asphalt Rejuvenating Agent shall be a cationic emulsion composed of a petroleum resin oil base uniformly emulsified with water. Each bidder must submit a bid with a certified statement from the TiO2 enhanced asphalt rejuvenating agent manufacturer showing that the asphalt rejuvenating emulsion conforms to the required physical and chemical requirements. Table 2.1 Test of Emulsion and on Residue Test Methods Requirements ASTM AASHTO Min Max ests on Emulsion Viscosity @ 25°C,SFS D-244 T-59 15 40 Residue, %Wl D4( •)) _ T-59(Mod) 60 65 Miscibility Test2 D 244(Mod ) T-59(Mod) No Coagulation r _ Sieve Test, %W3 D_244(Mod.)._ T-59(Mod) 0.1 Particle Charge Test D-244 T-59 Positive Percent_Light Transmittance4 - 80 ests on Residue from Distillation: Flash Point, COC, °C D-92 T-48 196 Viscosity @ 60°C,cSt D-445 - ._... __- 100. 200 p s _.. As haltenes, %w D=2006-70 1.00 Maltene Dist.Ratio D-2006-70 ... ...0.3 0.6 PC/S Ratios D-2006-70 - 0.5 I Saturated Hydrocarbons Ss D-2006-70 - 21 28 12 ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50-gram sample to 149°C (300°F)until foaming ceases,then cool immediately and calculate results. 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. 3 Test procedure identical with ASTM D-244 except that distilled water shall be used in place of two percent sodium oleate solution. 4Procedure for Determining Percent Light Transmittance on Asphalt Rejuvenating Agent: a. Scope: This procedure covers the determination of percent light transmittance of the asphalt rejuvenating agent. b. Apparatus: 1. Container may be glass,plastic or metal having a capacity of 6,000 ml. 2. Graduated cylinder, 1,000 ml, or greater 3. Light transmittance measuring apparatus,such as Bausch and Lomb or Lumberton spectrophotometer 4. Graduated pipette having 1 ml capacity to 0.01 ml accuracy 5. Suction bulb for use with pipette 6. Test tubes compatible with spectrophotometer, 3/4"X 6, Bausch and Lomb, Catalog No. 33-17- 81, (B&L) c. Calibration of spectrophotometer: 1. Calibrate spectrophotometer as follows: a. Set wavelength at 580 mu, b. Allow spectrophotometer to warm-up thirty minutes, c. Zero percent light transmittance(%LT) scale, d. Rinse test tube three times with tap water and fill to top of circle marking on B&L test tube or approximately 2/3 full, e. Place tube in spectrophotometer and set%LT scale at 100, and, f. Repeat steps (c) (e)two times or until no further adjustments necessary. d. Procedure: 1. Shake, stir or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion in beaker and allow to stand one minute. 2. Place 2,000 ml tap water in container. 3. Suck 1.00 ml emulsion into pipette using suction bulb.Wipe off outside of pipette. 4. Using suction bulb,blow emulsion into container. 5. Rinse pipette by sucking in diluted emulsion solution and blowing out. 6. Clean pipette with soap or solvent and water. Rinse with acetone. 7. Stir diluted emulsion thoroughly. 8. Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. 9. Calibrate spectrophotometer. 10. Place diluted emulsion sample tube in spectrophotometer,cover and read %LT to nearest tenth. 11. Repeat steps 9 and 10 until three identical consecutive readings are achieved. 12. The elapsed time between addition of emulsion to dilution of water and final %LT reading should not exceed 5 minutes. 13 5 Chemical Composition by ASTM Method D-2006-70-- (Free)Maltene Distribution Ratio (MDR) can be defined as: PC +A1 S +Az Where: PC=Polar Compounds Al =First Acidaffins A2=Second Acidaffins S =Saturated Hydrocarbons 2.3 Maltene Replacement("Rejuvenation")Test The TiO2Enhanced Asphalt Rejuvenating Agent shall have the capability to penetrate the asphalt pavement surface and shall be absorbed and incorporated into the asphalt binder. Verification that said incorporation of the TiO2 Enhanced Asphalt Rejuvenating Agent into the asphalt binder has been effected shall be by the petroleum maltene fraction replacement method and analysis of the chemical properties of said asphalt binder therein i.e.,viscosity shall be reduced by said method. For pavements less than two-years old and receiving the original application of TiO2 Enhanced Asphalt Rejuvenating Agent, the viscosity shall be reduced by a minimum of twenty(20%) percent as determined by the dynamic shear rheometer(DSR) method for asphalt testing in accord with AASHTO T315-05. For treatments of pavements older than two-years and/or after an initial treatment with a petroleum maltene asphalt rejuvenator, the viscosity shall be reduced by petroleum maltene replacement method a minimum of thirty percent (30%) in accord with same. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application,in the upper 3/8"of pavement.The treated areas shall be densified or resistant in depth to the intrusion of air and water. The TiO2 Enhanced Asphalt Rejuvenating Agent shall have a record of at least two years of satisfactory service as a TiO2 enhanced petroleum maltene based emulsion asphalt rejuvenating agent and in-depth densifier. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder by the petroleum maltene replacement method and provide an in-depth seal. A.R.A.-1 Ti®, a Pavement Technology, Inc. product manufactured by D&D Emulsions, Inc., Mansfield, Ohio, is a product of know quality and accepted performance. The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid previous use documentation and test data conclusively demonstrating that; the TiO2 Enhanced Asphalt Rejuvenating Agent has been used successfully for a period of two years by government agencies such as state, county and municipal governments or"SCMs",etc.; and that the enhanced rejuvenating agent has been proven to perform, as heretofore required, through field testing by government agencies as to the required change in asphalt binder rheology and photocatalytic properties as hereinafter detailed.Testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency. In addition,field testing data shall be submitted to indicate said product performance over a minimum testing period of two years to insure reasonable sustainability. The Engineer may require that untreated and treated core samples, a minimum of four inches in diameter, be removed by the Contractor at locations indicated by the Engineer.The treated core sample shall be taken in the same lane in close proximity to each untreated sample. A minimum of one untreated and treated core sample shall be taken for each pavement group or one per 50,000 square yards of treated pavement in each pavement group. 2.4 Photocatalytic Properties Testing 14 2.4.1 TiO2 Penetration Test:The TiO2 Enhanced Asphalt Rejuvenating Agent shall have a non-destructive analytical procedure applied to determine the percent of Titanium Dioxide nanoparticles present in each two-millimeter(2mm) layer of the field core sample matrix for a minimum depth of six millimeters (6mm) from the top of the treated sample core. The method of measurement shall be by fluorescent X-ray emitted from the surface when excited by a principal X-ray source that is exceptional for the given element.A hand- held XRF analyzer is acceptable for this testing. The minimum required concentration of Titanium Dioxide nanoparticles per each two-millimeter (2mm) section up to the minimum depth of 6mm shall average 2000 parts per million (ppm). 2.4.2 NO2 Reduction Effectiveness: The TiO2 Enhanced Asphalt Rejuvenating Agent shall be verified for the effectiveness of the air pollution remediation of the Titanium Dioxide nanoparticle portion by laboratory analysis of core samples extracted from the treated pavement as directed and required by the Engineer.The cores shall be a minimum of four inches (4") in diameter and in pairs at each location directed by the Engineer. The cores shall be tested by an accredited laboratory or university with the equipment and capability to perform the following test procedures. 2.4.3 NO2 Reduction Test: A photo reactor test chamber shall be employed that allow for the evaluation of the efficient photocatalytic reduction of introduced NOX gas of a known and controlled concentration within the chambers volume. The chamber light source shall be a UV lamp having a wavelength of 375 nanometers. The interior chamber environment shall be at 77°F with a constant humidity of 55%±5%. The test total duration shall be five hours. The analysis test system shall be based on a Japanese Industrial Standard (JIS) TR Z0018 "Photocatalytic Materials-Air purification test procedure". NO removal efficiency shall be measured using a Model 42i Chemiluminescence NO-NO2-NOX Analyzer (Thermo Fisher Scientific Inc.). The minimum NO reduction following the heretofore outlined test procedure evaluating field core samples shall average 25%for all cores tested. 2.4.4 Solar Reflectance Effectiveness: Verification of the effectiveness of the solar reflectivity the Titanium Dioxide nano-particle portion of the TiO2 Enhanced Asphalt Rejuvenating Agent shall be by laboratory analysis of core samples extracted from the treated pavement as directed and required by the Engineer.The cores shall be a minimum of four inches(4")in diameter and in pairs at each location directed by the Engineer. The cores shall be tested by an accredited laboratory or university with the equipment and capability to perform the following test procedures. 2.4.5 Solar Reflectance Test(s): Solar reflectivity shall be determined by measuring the treated core samples for a Solar Reflectance Index (SRI)value. SRI is a measure of the constructed surface's ability to reflect solar heat, as shown by a small temperature rise. It is defined so that a standard black surface (reflectance 0.05, emittance 0.90) is 0 and a standard white surface (reflectance 0.80, emittance 0.90) is 100. The relevant standards for measuring solar reflectance are: Table 2.2 Test of Solar Reflectance Value Test Method Solar Reflectance ASTM C1549–Standard Test Method for Determination of Solar Reflectance Solar Reflectance ASTM E 1980 — Standard Practice for Calculating Solar 15 Index _ Reflectance Index of Horizontal and Low-Sloped Opaque Surfaces i Based on these standards, the SRI is a measure of the relative steady-state temperature of a surface with respect to a standard white surface (SRI=100) and a standard black surface (SRI=0) under standard solar and ambient conditions. Under normal ambient conditions, the steady-state temperature for the black and white reference surfaces is 355.61 kelvin(K) or 180°F and 317.76 K(110°F),respectively. A Solar Reflectance Index(SRI) can be defined as: Te -- T; SRI Tb Tw Where:, • Steady-state Surface Temperature (Ts)—the temperature of the surface, in K, under the standard solar conditions. The surface temperature Ts (°C)=Ts (K)-273 • Reference Black Surface Temperature(Tb)—the steady-state temperature of a black surface with a solar reflectance of 0.05 and infrared emittance of 0.9, under the standard solar and ambient conditions • Reference White Surface Temperature (Tw)—the steady-state temperature of a white surface with a solar reflectance of 0.80 and infrared emittance of 0.9, under the standard solar and ambient conditions • Sky Temperature(Tsky)—the temperature of a black body that would radiate the same power in the thermal infrared spectrum(5 to 40 nm) toward the earth as does the sky The minimum SRI value following the heretofore outlined test procedure(s) evaluating field core samples shall average 29 (or 0.29) for all cores tested, which meet the minimum standard (>50% 29 SRI) for the U.S. Green Building Council (USGBC) hardscape threshold for Leadership in Energy and Environmental Design (LEED) credit or the minimum standard for the American Public Works Association (APWA) / Institute for Sustainable Infrastructure(ISI) Envision Superior(>60% 29 SRI) level of achievement credit. 2.4.6 Hydrophilic Improvement: Verification of the improvement in hydrophilic property of the Titanium Dioxide nano-particle portion of the TiO2 Enhanced Asphalt Rejuvenating Agent shall be by laboratory analysis of core samples extracted from the treated pavement as directed and required by the Engineer.The cores shall be a minimum of four inches (4") in diameter and in pairs at each location directed by the Engineer. The cores shall be tested by an accredited laboratory or university with the equipment and capability to perform the following test procedures. 2.4.7 Wettability Test: Hydrophilic improvement shall be determined by measuring the treated core samples for Water Contact Angle (WCA). WCA is a common measurement of a constructed surface's ability to improve wettability or the ability of water to develop a stronger boundary (less resistance) with the surface as shown by a decline in water contact angle. A WCA.of> 90° is considered hydrophobic or high resistance while a WCA<90°is considered hydrophilic or low resistance. The relevant standard for measuring WCA is: Table 2.3 Test of Water Contact Angle Value Test Method Water ASTM D7334 - 08(2013) Standard Practice for Surface Wettability of Contact Coatings, Substrates and Pigments by Advancing Contact Angle 16 Angle .. . Measurement The minimum WCA reduction following the heretofore outlined test procedure evaluating field core samples shall average 20%for all cores tested. 2.5 Equipment 2.5.1 Distributor: The distributor for spreading the emulsion shall be self-propelled and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.04 to 0.10 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5% of the specified rate. Distributor equipment shall include full circulation spray bars,pump tachometer,volume measuring device and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The rate of application shall be controlled by an onboard computer control system designed to control the selected application rate uniformly and consistently in gallons per square yard regardless of the forward speed of the distributor truck. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. 2.5.2 Aggregate Cover Truck: The truck used for cover aggregate application shall be equipped with a spreader that allows the aggregate to be uniformly distributed onto the pavement.The spreader shall be able to apply 1/2 pound to 3 pounds of cover aggregate per square yard in a single pass. The spreader shall be adjustable so as not to broadcast cover aggregate onto driveways or to lawns. The cover aggregate to be used shall be free flowing,without any leaves,dirt,stones,etc.Any wet aggregate shall be rejected from the job site. Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired, or replaced at the direction of the Engineer. 2.5.3 Calibration: Distributor- prior to construction, calibrate the distributor in accordance with ASTM D2995-99 in the presence of the Engineer. The distributor shall be moving forward at the proper application speed at the time the spray bar is opened.If at any time a nozzle becomes clogged or not spraying a proper pattern, the operation shall be immediately halted until repairs are made. 2.6 Construction 2.6.1 Layout: The Contractor will be responsible for the lay out of the roadway and project planning and sequencing to meet traffic control requirements prior to paving. 2.6.2 Weather and Seasonal Limitations: The TiO2 Enhanced Asphalt Rejuvenating Agent shall not be applied to a wet surface or when rain is occurring, or the threat of rain is present immediately before placement. The surface treatment shall not be applied when the temperature is less than 40° in the shade. When applying emulsions, the temperature of the surface shall be a minimum of 45°F, and no more than 17 150°F. If unexpected rain occurs prior to material penetration and cover aggregate application, the agent shall be reapplied at no cost to the agency. Further, the contractor's traffic control and project monitoring shall continue until the application has penetrated, area has been sanded and the resultant surface is acceptable to the Engineer for vehicular travel. 2.6.3 Preparation of Surface: The contractor will be responsible for blowing or sweeping the road immediately ahead of the application operation to make sure the road is free of standing water, dirt, loose aggregate, and other debris. The surface shall be clean and dry prior to the application. 2.6.4 Application of TiO2 Enhanced Asphalt Rejuvenating Agent: The TiO2 Enhanced Asphalt Rejuvenating Agent shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to ensure full rate of spread over the entire area to be treated.Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application. 2.6.5 Material Placement of TiO2 Enhanced Asphalt Rejuvenating Agent: Application of TiO2 Enhanced Asphalt Rejuvenating Agent shall be on one-half width of the pavement at a time. When the second half of the surface is treated, the distributor nozzle nearest the center of the road shall overlap the previous application by at least one-half the width of the nozzle spray. In any event the centerline construction joint of the pavement shall be treated in both application passes of the distributor truck. Before spreading, the TiO2 Enhanced Asphalt Rejuvenating Agent shall be blended with water at the rate of two parts rejuvenating agent to one-part water, by volume or as specified by the manufacturer. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.04 to 0.10 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff, in the opinion of the Engineer, shall have the required amounts applied in two or more applications as directed. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of TiO2Enhanced Asphalt Rejuvenating Agent. When directed by the Engineer, the Contractor shall take representative samples of material for testing. 2.6.6 Test Strip for Application Rate: Prior to start of the project, the contractor shall perform test strip applications as directed by the engineer. Test strips shall be performed for each pavement group of similar age and type within the project area. The test strips shall be applied at a minimum width of 6 feet and for a length of 50 feet. A total of three test strips shall be applied at application rates of 0.04,0.08 and 0.10 gallons per square yard, respectively. The time,in minutes, for essentially complete absorption of the asphalt rejuvenating emulsion shall be recorded for each test strip. The optimal rate to be used in a given area shall be that rate essentially absorbed within 20 minutes. In the event that all three of the standard test rates are absorbed completely within the 20-minute timeframe, 18 then the Contractor and the Engineer shall agree on a fourth test strip application rate. Upon completion of the test strips for each pavement group, the Engineer will determine the final application rate to be applied to each pavement group. 2.6.7 Cover Aggregate Application: After the TiO2 Enhanced Asphalt Rejuvenating Agent emulsion has penetrated, and when recommended by the Contractor and approved by the Engineer,a coating of dry cover aggregate shall be applied to the surface in sufficient amount to protect the traveling public as required. All cover aggregate used during the treatment must be removed no later than 24 hours after treatment of a roadway.This shall be accomplished by a combination of hand and mechanical sweeping.All turnouts,cul- de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt rejuvenating emulsion. If, after the cover aggregate is swept and in the opinion of the Engineer a hazardous condition exists on the roadway, the contractor must apply additional cover aggregate and sweep same no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of materials. 2.6.8 Handling of TiO2 Enhanced Asphalt Rejuvenating Agent: Contents in tank cars or storage tanks shall be circulated at least 45 minutes before withdrawing any material for application.The distributor truck will be cleaned of all of its asphalt materials and washed out to the extent that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval of the Engineer. 2.6.9 Street Sweeping: The Contractor shall be responsible for sweeping and cleaning the streets after treatment. All cover aggregate used during the treatment must be removed no later than 24 hours after treatment of the street.This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. If, after cover aggregate is swept and in the opinion of the Engineer a hazardous condition exists on the roadway, the contractor must apply additional cover aggregate and sweep same no later than 24 hours following reapplication.No additional compensation will be allowed for reapplication and removal of cover aggregate. 2.6.10 Resident Notification: The contractor shall distribute by hand, a typed notice to all residences and businesses on the street to be treated. The notice will be delivered no more than 24 hours prior to the treatment of the road. The notice will have a local phone number that residents may call to ask questions. The notice shall be of the door hanger type, which secures to the door handle of each dwelling. Unsecured notices will not be allowed. The contractor shall also place the notice on the windshield of any parked cars on the street. Hand distribution of this notice will be considered incidental to the contract. 2.6.11 Traffic Control: The Contractor shall furnish all necessary traffic control, barricades, signs, and flagmen, to ensure the safety of the traveling public and to all working personnel. Traffic shall not travel on fresh TiO2 Enhanced Asphalt Rejuvenating Agent until penetration, in the opinion of the Engineer, has become complete and the area is suitable for traffic. The Contractor shall submit an M.O.T plan indicating all facets of traffic control for the project area.The M.O.T.plan must be approved in writing by the Engineer prior to commencing any work. All traffic control shall be in accordance with the DOT Roadway Design Standards (most current edition).Traffic control devices shall be checked daily and periodically throughout the project for compliance; and where adjustments or corrections are needed, prompt revisions shall be 19 made. 2.6.12 Method of Measurement: The TiO2 Enhanced Asphalt Rejuvenating Agent emulsion shall be paid at the Contract bid unit prices for the actual square yards of pavement treated as field measured. Said payment is compensation in full for all costs of furnishing and applying the material as specified, including cleaning the existing pavement, purchase of cover aggregate, delivery of cover aggregate, all labor, equipment, and materials necessary for the placement of the TiO2 Enhanced Asphalt Rejuvenating Agent emulsion, sweeping of any loose material after construction and other requirements as specified. Traffic 'control for maintaining traffic for constructing TiO2 Enhanced Asphalt Rejuvenating Agent emulsion shall be considered incidental. Payment for removal of untreated and treated cores shall be paid for as each at the unit price bid for Test Core Removal. 2.6.13 Basis of Payment: Pay Item Unit • TiO2 Enhanced Asphalt Rejuvenating Agent Per Sq/Yd • Field Core Removal* Each • Field Core Laboratory Analysis—Viscosity* Each • Field Core Laboratory Analysis-Titanium Each Dioxide Penetration* • Field Core Laboratory Analysis-Titanium Each Dioxide NO2 Reduction* • Field Core Laboratory Analysis-Titanium Each Dioxide Solar Reflectance Index (SRI)* • Field Core Laboratory Analysis-Titanium Each Dioxide Water Contact Angle (WCA)* • Mobilization Per Project 20 *When required by the Engineer 3 BACKGROUND 3.1 Mobile Source Pollution and Tropospheric ultraviolet rays.33 This sometimes is referred to as Ozone "good ozone". Ozone, sometimes referred to as "smog", is a toxic gas that is formed in the atmosphere when Ground-Level Ozone is found near ground level, three atoms of oxygen combine (i.e., 03). The naturally (sometimes called "tropospheric chemical structure of ozone is the same wherever ozone"). It is created by chemical reactions it is found; however, as shown(Figure 3.1) there between nitrous oxides(NOr)and volatile organic are two categories of ozone. compounds (VOCs) in the presence of sunlight. Emissions from industrial facilities can contribute Stratospheric Ozone is found naturally in the as much 15% of tropospheric ozone, electric Earth's upper atmosphere - 6 to 30 miles above utilities 20% and motor vehicle exhaust the Earth's surface - where it forms a protective contributes 60%or more (Figure 3.2).34 They are layer that shields us from the sun's harmful the major sources of noxious gas formations in the air humans breathe("bad ozone"). Figure 3.1 Greenhouse Gases &Smog Forming Emissions GreenhouseC Smog Forming a 4 } Emissions • Cars and trucks that combust fuel i 22 • Greenhouse gases(GHGs)are also emit smog forming emissions, emitted from the tailpipes of cars such as nitrogen oxide,non- and trucks that combust fuel. methane organic gases,carbon } ' • Once GHGs are released,they can monoxide,particulate matter,and i stay in the atmosphere for 100 formaldehyde. years or more. • These emissions are usually • GHGs act like a blanket around trapped close to the ground,and Earth,trapping energy in the ; can form a brownish haze that atmosphere and causing it to pollutes our air,particularly over warm. This can change Earth's j cities in the summertime. , climate,raise sea levels,and result • Smog can make it difficult for some ° in dangerous effects to human i people to breathe,triggering lung health and welfare,and to j diseases such as asthma, 3. ecosystems. C emphysema,and chronic a The effects are global. bronchitis. •. The effects are local,regional,and 3 } national. Source:Environmental Protection Agency(EPA)w%v.w epa.gov 33 Texas Commission on Air Quality,..www aecgitexi s.gov. 34 Environmental Protection Agency(EPA),www.epa.gov. Figure 3.2 Major City Sources of NOx premature deaths annually,39 including 43% of lung diseases and cancer,25%of heart disease and Sow.of Wain the city,2011 24%of strokes.4° Otter 1% The American Lung Association has concluded: . Commercial "The burden of air pollution is not evenly shared Gas 26,< r iw Major Roads 65% Poorer people and some racial and ethnic groups • are among those who often face higher exposure to pollutants... "41 owing,in no small part,to their Domestic _ sheer proximity to major point-sources (industry Gas 51; and traffic)for anthropogenic pollution. Minor Roads 3% 3.2 Air Quality and Resident Health Creation of Hazardous Photochemical Smog Caused by Vehicle Emissions: Detrimental gas emissions, such as NO, and sulfur oxides (SOX), Source:City of London Air Quality Strategy 2011-2015 are formed during the combustion process from burning fossil fuels. Vehicle emissions introduce Climate scientists and healthcare experts have one of those oxides — nitrogen dioxide, into the concluded that ground-level pollution or environment,increasing 03 concentrations.As the 23 photochemical smog in densely populated, urban ozone concentrates, the percentage of nitrogen environments has developed into a human health undergoing oxidization also increases,resulting in crisis. an increasingly higher percentage of NO2 in the atmosphere, especially in the troposphere to The World Health Organization's (WHO) most create ground-level pollution harmful to humans recent survey of 4300+ cities worldwide indicate and damaging to ecological systems. only 20% of urban populations live in cities that comply with WHO air quality guideline levels for Researchers have identified a clear association fine particulate matter (PM2.5), which includes between these serious environmental, ecological NO,as the major contributor.35 36 and health dangers with the presence of photochemical smog, acid rain, and rising NO2 The poor showing includes American cities, concentrations. The EPA classifies NO2 as an where all of our major urban hubs are near, "extremely hazardous"criteria toxin'and has set already at or above WHO limits.37 stringent limits on its ozone inventory under the NAAQS. 43 The ratio of NO2 to total gas Further, WHO scientists believe the impact of emissions has been rising over the years due to inner-city air pollution on the development of increasing urbanization and associated traffic and respiratory and atopic disease in childhood, in particular,has reached epidemic proportion 38 Air pollution may contribute to as many as 9 million 35 World Health Organization (WHO), Ambient (Outdoor) 4° WHO, Global Health Observatory (GHO) data 2016, Air Quality and Health,May 2018. www.who.int. 36 WHO:10µg/m3annual mean and 25µg/m324-hour mean 41 American Lung Association, Disparities in the Impact of for PM2.s,www.who.int. Air Pollution,www.lung.org. 37 EPA:Air Quality Statistics by City 2017,www.epa.gov. 42 EPA:List of Extremely Hazardous Substances, 38 WHO,Ambient(Outdoor)Air Quality and Health www.epa.gov. 39 The Lancet Commission on Pollution and Health,October 43 EPA:NAAQS Table,Criteria Air Pollutants, 2017. www.epa.gov. has resulted in a corresponding increase in 03 Airborne nitrous oxides (nitrites) have a half-life "build-up.44 ranging 100 to 150 years.47 The EPA also believes NO2 concentrations from vehicles and near EPA technical data shows that as much as two- roadways are appreciably higher than those thirds of atmospheric NO2 is emitted from mobile measured at monitors in the current EPA network. sources 45 And nearly half of all Americans live In fact, near-road concentrations can 'be 2-3 within `maximum exposure' to near-roadway times higher than measured at nearby area- pollution or within 500 meters of high AADT wide m_onitors,48 making road-level "breathing volume roads, according to the most recent U.S. zones" uniquely attractive targets for managing Census.46 NO2 contaminations. Figure 3.3 Ozone Nonattainment at 60 ppb Figura 1:Ca Dund Statistical Ain(cam and Real Com mat*mid Vidal a°ppb Maim SWIM Vaud m21311-2313 Data , Aft. mic*---„y , ,ok. .„.. ....4„ T-It' - r •L 1 , 24 (i l ' \ I/_ ---'-- _ I tit '!r �y .': 9 E, �' --Al- _ _,� alk, 4Ahr . - - J• ,� ;%-, ►t , ■Monn�f ca8Aa and Rhrel Counties met , Would Be Violating a 60 ppb Standard ' 0 4t7. jic e Unmontte el AreasThat Have Managed Ai Ozone Levels That Would Be Vblatlrg a 60 ' ppb standard used on Spatial tntarpolatlon) ' Source: U.S.Environmental Protection Agency:www.epa.gov 44 Richmond-Bryant J and Owen RC et al.,Estimation of On- Federal Highway Administration (FHWA), Average Annual road NO2 Concentrations, NO2/NOx Ratios, and Related Daily Traffic Data(AADT),`;www.fhwa.dot:gov: Roadway Gradients from Near-road Monitoring Data, Air 47 EPA,Technical Bulletin:Nitrogen Oxides(NOr), Why and Quality,Atmosphere&Health,January 2017. How They are Controlled,November 1999. 45 EPA: List of Extremely Hazardous Substances, 48 EPA:Near Roadway Air Pollution and Health, Frequently www.epa.gov. Asked Questions EPA-420-F-14-014,www.epa.gov. 46 U.S. Census Blocks 2010, U.S. Census Bureau, www.censes.gov; and U.S. Department of Transportation, EPA estimates 49 (Figure 3.3) indicate all major America alone has seen annual new vehicle it U.S. cities and much of the country's populated registrations nearly triple since 1975,55 far areas in general would breach 03 concentrations outpacing gains in fuel efficiency. And while new at a 60ppb (parts per billion) threshold. The energy vehicle (NEV) growth has been steady, current limit is just 65ppb 50 and most health and wide adoption has been greatly limited by steep environmental experts expect the cost prohibitions,lackluster consumer enthusiasm "nonattainment" limit to be lowered in the near and other constraints.56 57 58 The electric vehicle future. (EV) market e.g., appears to be centered exclusively on the super-luxury market, with So, agencies need to be both preemptive and average MSRPs exceeding 67,000 USD.59 proactive. Most do not have adequate strategies in-place,however.51 The National Renewable Energy Laboratory (NREL) predicts that energy demand would 3.3 On-Road Vehicular Emissions skyrocket by over 60% 60 from current capacity The Good News is that vehicles are getting more limits if EVs were widely adopted. But where efficient. Average new vehicle fuel economy for would we get more electricity today,tomorrow,or internal combustion engine (ICV) passenger cars even fifty years from now to meet such an 25 has increased from 13 mpg in 1975 to 25 mpg enormous increase in electricity demand? today,52 and it's expected to steadily rise to 40 mpg in the coming decade.53 Many ICV models By most estimates, we'd need as many as 10 already exceed 35 mpg.S4 billion solar panels in the United States alone just to handle electric cars, creating substantial EPA scientists and engineers at the National financial, logistic and land use issues.61 And that, Vehicle and Fuel Emissions Laboratory(NVFEL) of course, assumes the panels will be able to at the University of Michigan (Ann Arbor) are constantly (steadily) produce the electricity we working closely with our automotive industry will need, while future technology actually will ("Detroit") to continue to improve current develop to store it. These are big "ifs". vehicular technology in-use to meet higher MPGs. Reasoned analysis suggests that even if such The Bad News is that our urban centers and limitations for renewable energy sources are accompanying vehicle ownership are growing far solved, in part or in whole, estimates for faster than emissions technology can pace. overhauling the country's electric grid and energy infrastructure for new energies are rounded in the tens of trillions USD.626364 So,alternative energy 49 EPA: 2015 (update) NAAQS for Ozone, Ground-level 56 MIT Sloan School of Management, The Real Barriers to Ozone Pollution,w.ww.epa:gov. Electric Vehicle Adoption,August 2017. 5° EPA: Fact Sheet Overview of EPA's Updates to Air 57 MediaVillage,Five Reasons Why Electric Car Sales Fail at Quality Standards for Ground-level Ozone,www.epa.gov. the Dealer Level,June 2019. 51 National Association of Home Builders(NAHB),Cities Still 58 Forbes, Prediction:Auto Industry Headed for Financial Miss the Mark on Ozone Standards,September 2015. Pile-up as EV Sales Disappoint,June 2018. 52 EPA: National Vehicle and Fuel Emissions Laboratory 59 Edmonds,www.edrnonds.com. (NVFEL),www.epa.gov. 60 National Renewable Energy Laboratory (NREL), 53 EPA: Environmental Ratings on the Label, Vehicle www.nrel.gov. Emissions,www epa.gov. 61 Glenn H and Ost I, .www.pick=mv-solar.com; Herron D, 54 EPA: Office of Transportation and Air Quality (OTAQ) / www.Rreentransportation:info. National Vehicle and Fuel Emissions Laboratory NVFEL), fie The Republican Study Committee,A Greedy New Steel, University of Michigan,www.lsa.umiich.edu• February 2019. 55 US Department of Transportation, Federal Highway 63 The University of Texas at Austin Energy Institute. Administration(FHWA),www.fwha.gov: 64 Stanford University, School of Earth, Energy, & Environment. sources are proving more difficult to scale, store The global trend to reduce pollution and energy or even afford than expected.65 66 consumption is a most critical cause, but poses unquestionable challenges (as highlighted), as For now, GHG emissions from an EV are 50% numerous as they are complex for governments higher than the improving fuel economy ICVs.67 and industry. How we adapt products, services, So, the need for more commercially practicable and governance to play a scalable role in reducing I solutions today, tomorrow, and perhaps for a lot pollution and energy consumption and our longer for vehicular emissions management are associated carbon footprint is key. These presenting themselves. questions are becoming more urgent as legislative and environmental guidelines drive us towards In PTI's on-gong discussions with the Federal more efficient energy usage, including and Highway Administration's (FHWA) especially for on-road concentrations.68 Environment, Air Quality, and Realty Team (which oversees CMAQ), improvements in In considering the response and beyond the existing transportation systems remain the highest immense economic costs, one must also consider priority and are consistent with the EPA's NVFEL consumer expectations. While most consumers vieware aware of the balance between the cost and environmental benefits of reduced energy Any technology which promotes reduced CO2e consumption, many may be reluctant to accept from vehicles, including photocatalytic roads, is energy-reducing products that compromise other viewed as a de facto improvement or acceleration criteria e.g., product or behavior choice or even in vehicular MPG efficiency towards meeting aesthetics. Corporate Average Fuel Economy (CAFE) 26 standards (Figure 3.4). 3.4 Surface Chemistries & Catalytic Pollution Figure 3.4 Vehicle MPG vs CO2e Removal Systems The photocatalytic effect of TiO2 applied to jy-- s _- -- pavements and other structures can remove US.'Personai Vetislcfe Fu_e.l. .,,,, ,,,,,.a-%' pollutants from the air, so that so-called .Economy/GHG "photocatalytic pavements"can be installed for 2 ( cycle compliance: CAFE 1978-2011,GHG 2012-2025) �, ,o, two primary applications - air pollutant removal ,• and heat management. And critically - without 50 co.11/mi ---• '°° significant cost nor change to transportation infrastructure or effect on consumer choice or � 240 behavior. j� . 200 • 20 Several approaches utilizing photocatalysis have 1 10 been studied as methods for successfully counteracting noxious emissions. 11173 1090 1945^ 1320 1915 2000 2004- 2010 2015 2020 2025 Source:EPA:National Vehicle and Fuel Emission Laboratory 65 Finkler T and Hannon K, Renewable Energy:Status and 67 Tsinghua University,Applied Energy(Journal),May 2018. Struggles,Stanford University. 68 U.S. Department of Transportation, National Highway 66 The Wharton School,University of Pennsylvania,Can the Traffic Safety Administration (NHTSA): Corporate Average World Run on Renewable Energy?,April 2015. Fuel Economy(CAFE)standards,www.nhtsa.gov. Photocatalysis or PCO is the acceleration of a excitation,69 7°forming an electrochemical energy photoreaction in the presence of a semiconductor. field (ECF) (Drawing 3.5). When the catalyst is activated by ultraviolet(UV) light with wavelengths less than 380nm,hydroxyl radicals and superoxide are created via band gap Drawing 3.5 TiO2 Based Photocatalysis—Band Gap Excitation • z • rsiiiittion e4{` c€ ,y' Pollutants •, =� • c. 4.00011, -- I bLL t h;. Source:Journal of Materiomics The ECF naturally and efficiently decomposes • TiO2 also promotes super-hydrophilic transient molecules traveling near or through the (i.e., water-desorbing) as well as solar- 27 field, including primary 03 precursors such as reflectivity (SR) advantages to building NO,, and VOCs as discussed. So, commercial materials photocatalyst grade TiO2 <111m (micron) is TiO2 hence promotes numerous advantages useful widely used as a photocatalyst material for several to science and engineering including de-polluting; reasons, including as an effective pollution self-cleaning; light-remitting; and heat reducing remediate: properties. • TiO2 fulfills the requirements for effective photo-activity under the solar irradiance 3.5 Solar Reflective Properties of TiO2 levels experienced on Earth The growth in urbanization and changing land use • Photoreactive Ti02 is chemically inert; coupled with ever rising vehicular emissions physically stable; non-toxic; non- intensifies the UHI effects in cities. exhaustive; economical; and widely The heat-build exaggerates heat-related stresses (commercially) available such as 03 levels and accompanying disease in •. TiO2 has strong oxidizing. strength, in humans. And though UHI intensity depends on particular at the ambient conditions near many factors including wind speed,direction, and the Earth surface given that TiO2`s wide solar flux, the thermodynamic properties of band gap (minimum energy required to surface materials can greatly exaggerate the excite and mobilize electrons) 71 in the temperature profiles at the local scale. solid state enables it to be very efficient in the UV range of the light spectrum 69 Zollinger DG and Joshaghani A, Laboratory Investigation 71 The electronic band structure of solids refers to the of the Effect of Ti02,September 2018. energy difference(in electron volts)between the top of the 7° Binas V, et al., Modified TiO2 Based Photocatalysts for valence band and the bottom of the conduction band in Improved Air and Health Quality,Journal of Materiomics, insulators and semiconductors. November 2016. In the southeastern U.S. alone, data indicates the (creates stagnant air) in urban environments, "hot season" now lasts one to three weeks longer further deteriorating local air quality. So, UHI than 30 years ago, exaggerating UHI. 72 Heat- intensity itself,is highly correlated to air pollution builds modify the atmospheric boundary layer levels.73 (ABL), impacting air flow and mixing height Drawing 3.6 How the Heat Island Effect Occurs Sunlight Temperature ,- i,:_-n fir. increase. Heat: from the -.2 ''�i _--'a building sufnce Temperature } Temperature increase ', 4° goes down :*11,1i - ' Heat from vehicles eafro �x1,1 'Temperature = , c-� creae ••c,i,: •tt: , l t, Anthro- Temperature the road 1l poge�"nic goes down , surface �. /3 + ‘' ' V...c.,7 t: Air 4 ,con ilio vs 8 • ,.. :: Ili, 28 Source:Green Ribbon Toronto Pollution-induced climate change is a circular Reduced water quality also is a factor from UHI. problem and comes with other direct and indirect The extremely high temperatures of pavement environmental, ecological and health impacts structures, especially asphalt, can measurably included in the growing phenomena now just increase the temperature of stormwater runoff, universally described as the Urban Heat Island escalating additional ecological and health effect(Drawing 3.6). concerns as these warmer waters drain into sewers and eventually into lakes, rivers, ponds, and When humans are exposed to extreme or streams etc. prolonged heat, many of the crippling and even deadly diseases aforementioned are exacerbated. UHI and climate change interact in many critical Low-income populations and the elderly are and circulative ways: particularly vulnerable. The EPA has estimated • Increased Energy Demand that for every 1.5°F rise in temperatures, net demand for electricity used for cooling/heating . Increased Air Pollution and Gas would increase by as much 5%or more,impacting Emissions consumer behavior and even severely limiting . Reduced Human Health and their choices between other essentials for living.74 Comfort • Poor Water Quality and Ecology 72 Florida State University, Florida Climate Center, 73 Swamy G, et al., Urban Heat Island (UHI) Influence on www.climatecenter.fsu.edu. Secondary Pollutant Formation in a Tropical Humid Environment,.www.PubMled.gov. 74 EPA:Climate Change and Heat Islands,www.epa.gov. In general, white surfaces will reflect as much as An SRI of 5 at 72°F would register a surface 75% of solar energy (strong hiding power)75 and temperature of the asphalt at 140°F over 8 hours stay relatively cool, while black surfaces will of solar irradiation, according to HIRP testing. absorb as much as 90% and will get extremely And each 10 SRI would reduce the pavement's hot, of course.76 temperature by 7°F to 10°F.80 Conventional paving materials can reach peak Research has shown that the impact from summertime temperatures of 150°F 81 or more, improving the solar reflectance of urban transferring excess heat to the air above them and infrastructure on UHI can range as high 100 tons heating stormwater as it runs off the pavement CO2e per lane mile per year of pavement and a into waterways, effecting watershed ecology. global adoption of both cool roofs and pavements could lead to a potential offset of over 40 gigatons Pavements in urban centers can be as much as CO2e annually.77 78 79 50% of land cover in major cities.82 As such, pavements are a critical element in environmental Drawing 3.7 Pavement Reflectivity and Time planning and UHI mitigation consideration. K- Figure 3.8 Heat Shortens Pavement Life 40 i 5 n toocrr. ' a 29 r _ ssc�rl 101 • 20 n• t>uwarairnr 17Sms 1S, I 10 • 10 S "u • 1 1 0 1 - - r -- - i 1 } Y 1 5 d 0 ti _ — _ 0 tan 207 7r eco fieroMices(Tomato Source:EPA:Heat Island Reduction Program(HIRP) 4,1&parMick 44K dRcpeithesdasi..ndill.r1..dn,k-►s., kik%matPit r.w5:4crTr arnt4ndOCmaNC Asphalt is a particularly good target.New asphalt, according to the EPA Heat Island Reduction Source:EPA:Heat Island Reduction Program(HIRP) Program (HIRP), has an SRI of 5 which slowly rises with age, but remains very heat-absorbing Further, asphalt binder begins to photodegrade at throughout its life cycle (Drawing 3.7). 120°F,83 with exponential damage as the temperature rises. Studies have shown that even modest improvement in asphalt temeperature can 75 Polymers, Light and the Science of T102, DuPontTM Ti- 79 Qin Y, Urban Canyon Albedo and Its Implication on the Pure Titanium Dioxide, DowDuPont, www.dow- Use of Reflective Cool Pavements, Energy and Buildings, dupont.com. 2015. 76 BASF SE,www.dispersions-pigments:basf.com. 8°EPA HIRP,Cool Fixes for Hot Cities. 77 Zhous a, et al., Enhanced Solar Reflectance of Thermal 81 EPA HIRP:Using Cool Pavements. Coatings through Inorganic Additives; City University of 82 Lawrence Berkeley National Laboratory, Cool Hong Kong; Massachusetts Institute of Technology, Hong Pavements, www.heatisland.ibl.gov. Kong/Boston,2016. 83 Hossain K and Karakas AS, Effect of Ultraviolet Aging on 78 Xu X,et al.,The Impacts of Surface Albedo on Climate and Rheological Properties of Asphalt Cement, Memorial Building Energy Consumption: Review and Comparative University of Newfoundland and University of Illinois, and Comparative Analysis,Transportation Research Board Urbana-Champaign,June 2018. (TRB),2016. materially extend the service life of the asset Figure 3.10 Reflectance(%) - Untreated (Figure 3.8).84 , P Elk , unD ln.t..,iti 1,0-..tory`4 ++a,R, ig.•tit, Cooler pavements can be created with existing y Not Treated i paving technologies including newer approaches i 'a" such as the use of coatings or spray applied 110 PA penetrants with SRI reducing materials to create ra pavements with strong light scattering efficiency. ;r oti. 'o Simulates Fresh, Untreated For example, chemical giant BASF extensively f att Asphalt• has tested paint pigments for their solar '" Ref reflectance properties, in large part, to improve fof weatherability (UV protection). As a result, - I BASF has developed paint additives, utilizing 200 01' mg '''°p ,000 '`'1111 v,a00,00,iron( photocatalyst Ti02, it markets as "paint it cool!" pigments for solar heat management in paintsP ''••at�oalt,e> t"`n"`wtt mu-4,A4; P>3Y, 1 tamp too tot oktA s,Stm4Mur DuPont similarly. Source:BASF SE Figure 3.9 Solar Reflectance (%)-Treated For the control (Figure 3.10), BASF tested black w r __ -"�, pigment against both color surfaces, which Ti02 treated indicated only 5% reflectance, consistent with 10. EPA HIRP testing. '1., f,..,,rr�"" ..,,rq It. ! •. .-t But, the TiO2 added to the black substrate (back 30 -_ .. .V, to Figure 3.9) showed remarkable results with fi; '4 "' roughly 75% reflectance in the UVA spectrum or I. '`` much higher (14x) than the control all the way d - _ through the visible spectrum(ranging 60%to 70% - _ reflectance).85 `' {°" 100 '-0 "O"' I' °' Figure 3.11 Heat-Build vs Pigment Color v m• ,att to 1 0 LNit MO,,we ,,mr+r'4,00i1,',y.L,tr,d` ._. .. <.: _..- - ».: _ -- - _. _ -- _..,. L !W it'tStto,+7c.ttHttttWith;• t,,.q,• , Source:BASF SE BASF researchers tested TiO2 presented in both ti white and black substrates (Figure 3.9). When I TIO2 was added to a white substrate, the surface indicated roughly 90% reflectance from the UVA ' spectrum (315 to 400 nm in wavelength) all the S. way past visible light (400 to 700 nm) and even TiO2 Treated into infrared. Source:BASF SE 64 EPA HIRP:Using Cool Pavements. 85 BASF SE. BASF scientists also tested UHI style heat build- Our interviews with the EPA's HIRP staff up against multiple pigments and Ti02. As indicate strong interest in and base knowledge of indicated (Figure 3.11), the heat-build in black photocatalytic pavement solutions. pigment was materially more than the highly reflective Ti02. The black pigment, with just 5% HIRP is especially interested in solutions for reflectivity, accumulated more than twice the asphalts that do not impugn asphalt recyclability heat-build of the TiO2 enhanced pigment. (sustainability)as most prevailing UHI mitigation strategies (e.g., "white pavements") and common Over half of the solar energy experienced at the pavement preservation materials alike risk Earth's surface falls within the UV and visible because they are adsorbed and themselves light spectrum.86 So,these results give one a clear unsustainable. idea of how a Ti02-bearing pavement would perform to reduce radiative forcing (RF) 87 in the Photocatalytic pavement solutions for asphalt ambient environment. such as PTI's A.R.A.-1 Ti offer great promise in this regard because the penetrant replaces exact What can be learned from BASF's testing can be chemicals (true conservation) lost to UHI and the applied to Ti02-bearing pavements: solution is translucent and fully absorbed into the substrate. This preserves full recyclability of the Nanoparticle TiO2 has high light refraction asphalt while delivering the advantaged solar properties,88 improving a pavement's ability to reflectance properties from the photocatalyst diffuse thermal loading and to lower emissivity. material imbedded. 31 • Understanding heat management can play a The American Society for Testing Materials significant role in both ecology and pavement life- (ASTM) has formed a 'cool construction cycle assessment, which impacts the evaluation materials' subcommittee in recent years to and appraisal for pavements on the environment develop standard practices for measuring, rating, through materials, construction, use, and labeling cool construction materials. maintenance, and end-of-life phases. The subcommittee also undertook the UHI specifically can play a crucial role in the use- development of a standard practice for calculating phase of pavement LCAs and hence can become an SRI for horizontal and low-sloped surfaces a major tool in a community's ability to reduce its (like a road), 90 which now can and should be carbon footprint without disrupting infrastructure applied to road construction 'best practices'. and resident utility.89 3.6 Pavement Preservation and GHG Yet, cool pavement technologies are not as Mitigation required (adopted) by agencies as other heat Asphalt remains the most durable and efficient island mitigation strategies (e.g., roofs) and there material for roadway construction, dating back to is no official standard or labeling program to the Romans and earlier. More than 90% of our designate cool paving materials in highway roadways are built with asphalt.91 The construction practices per se. But one can project manufacturing of asphalts and construction of as much is coming. asphalt roads,however,have a meaningful impact 86 Solar Radiation and the Earth's Energy Balance, EESC 89 Killingsworth B,et al.,Concrete's Role in Reducing Urban Lectures Columbia University, 2007. Heat Islands,Concrete Sustainability Report,July 2014. 87 Radiative Forcing(RF)or Climate Forcing is the difference 90 ASTM E1980-11 Standard Practice for Calculating Solar between insolation absorbed by the Earth and energy Reflectance Index of Horizontal and Low-Sloped Opaque radiated back into space. Surfaces. 88 DowDuPont,www.dow-dupont.com. 91 Asphalt Institute,www.asphaltihstitute.org. on the environment, energy use and GHG Beyond the enormous carbon footprint savings, emissions. the significant cost differential for preservation techniques over rebuilds provides returns on Pavement reconstruction and most forms of investment(ROI) typically exceeding 250%.94 rehabilitation consume significant amounts of energy. From the negative RF in obtaining and One study conducted by Rutgers University 95 processing raw materials, to mixing,transporting, compared initial International Roughness Index and finally paving(applying),the global warming (IRI),fuel consumption 96 and application year for potential (GWP) of building and maintaining pavement preservation implementation (Figure roads is of considerable importance to sustainable 3.13). The results indicated that early pavement urban planning and maintenance (Figure 3.12). preservation can have a materially positive impact on CO2e reductions.97 Employing pavement preservation requires significantly less energy than in part or whole Figure 3.13 Pavement Preservation Impact rebuild, of course. Fog sealing, which includes on CO2e Reduction molecular replacement strategies such as MRT, uses the least amount of energy per year of - - extended pavement life at. as little as 250 ! a 0.32 ��1.0 miun 13TU/yd2-yr(0.4 MJ/m2-yr).92 al 0.30 _— ` -• IRI— 1.1 mnm • arra 1.2 nvtmi 0.2® ° „,Figure 3.12 CO2e Emission by Asphalt i 2 A ; IR1-1.3 Min Pavement Input ; : 0.26 -'- . —tee N m'km 32 0.24 ®- ---- ---.--. . iet f 1- • el.PtR7fMOKf/tid�l 'Pt-Mimi .t.M rmFNimf.4*,whirl 0.12 •' ! d i' o �, 0.20 I ._ E 2 4 6 B 10 12 ro•"'�a EMI I i . A/ptkatia MN(year) s ""'1 � Source:Rutgers University +i►•"''' l `1 The implication for proactive early and recurring pavement preservation strategies clearly support significant GHG mitigation against multiple eI. . MSM.. oMla mawhNw Simen leL.,Y, points of fossil fuel consumption causally related to our critical city infrastructure, including Source:Colas Group SA roadways. Compare that to the energy consumption of a 3.7 Deterioration of Asphalt Pavements Due to pavement rebuild consuming as much as 1.5 Manufacturing and Environmental Factors million BTUs or 200 MJ/m2-yr 93 or roughly 500x Asphalt pavements are vulnerable to many the CO2e of pavement preservation strategies. factors, thermal loading (excess heat) being the 92 Chehovits J and Galehouse L, Energy Usage and 95 Wang H, Al-Saadi I, et al., Quantifying Greenhouse Gas Greenhouse Gas Emissions of Pavement Preservation Emission of Asphalt Pavement Preservation at Construction Processes for Asphalt Pavements, Transportation Research and Use Stages using Life-Cycle Assessment, International Board,2010. Journal of Sustainable Transportation,January 2019. 93 Chaignon F,Pavement Preservation:What About Energy 96 EPA: Motor Vehicle Emission Simulator (MOVES) and and GI-IG,Colas Group SA. other Mobile Source Emission Models,www.epa.gov. 94 For Pavement Preservation(FP2),www.fp2.org. 92 Wang H,Al-Saadi I,et al. most damaging.98 As noted, conventional paving failure of asphalt pavements and premature materials can reach peak summertime rebuild needs.1°4 temperatures exceeding 150°F.99 And asphalt binder begins to photodegrade (oxidizes) at A proven remedy for restoring damaged or aged 120°F,100 with exponential damage as the asphalt binder to proper performance properties is temperature rises. to chemically, replace the maltenes lost during manufacturing and in-service weathering through Excessive heat required during manufacturing, maltene replacement therapy. MRT, effectively, typically 300°F to 350°F101 or higher,is especially establishes a molecular "second curve" to the destructive, which leads to the volatilization or LCAs of asphalt pavements. rapid loss of critical molecular components of asphalt binder that are responsible for durability Figure 3.14 Maltene Rejuvenator Study: and ductility (plasticity). These are commonly Seven Year Oxidation Rate Curves in and scientifically referred to as "maltene Charleston County (SC)105 fractions". 106 (in poises) As much as a third of maltene molecular content I 175000 -I may be lost during asphalt production,102 leaving —if—Treated w/ asphalts prematurely aged by the impaired binder. II MRT 33 Maltenes are the "media" that enable asphalt 125000 is Untreated binder to impart flexibility, fluidity, and adhesion properties to paved roads. They are largely responsible for the resilience of asphalts to 75000 -I withstand considerable environmental and traffic stresses. 25000 Asphalts with depleted binder chemistry become Year 1 Year 4 Year 5 Year 7 embrittled,leading to cracking and raveling stress and accelerated repair and rebuild demands. In-service, heat continues its extortionate role in Source:Pavement Technology,Inc.;APART depleting maltene content in asphalt binder due to (Figure 3.14) is an abstract from a multi-year the oxidative effect of irradiation (UHI), as study on asphalt pavements in Charleston County asphalts are highly solar energy absorptive. In combination,volatilization and UHI stress are the (SC) treated with Reclamite , a petroleum primary factors responsible for binder-centric maltene-based rejuvenator. 98 Alkaissi ZA, Effect of High Temperature and Traffic 102 U.S. Department of Transportation, Federal Highway Loading on Rutting Performance of Flexible Pavement, Administration, Superpave Asphalt Mixture Design Journal of King Saud University-Engineering Sciences,April Workshop, Version 8.0, Updated January 2002 2018. wwwfhwa.dot:gov: 99 EPA Heat Island Reduction Program (HIRP): Using Cool 103 EPA Heat Island Reduction Program (HIRP), Cool Fixes Pavements to Reduce Heat Islands,www.epa.gov. for Hot Cities Part 2:Los Angeles,September 2002. 100 Hossain K and Karakas AS,Effect of Ultraviolet Aging on 104 Lolly R,Evaluation of Short Term Aging Effect of Hot Mix Rheological Properties of Asphalt Cement, Memorial Asphalt Due to Elevated Temperatures and Extended Aging University of Newfoundland and University of Illinois, Time,Arizona State University,May 2013. Urbana-Champaign,June 2018. 1°5 Reclamite®is a trademark of Ergon, Inc. 101 Texas Asphalt Pavement Association, 106 The poise(symbol P) is the unit of dynamic www.texasasphalt.org. viscosity(absolute viscosity) in the centimeter-gram- second system of units. The maltene rejuvenator not only was able to of meteorological variables, including but not reduce the initial viscosity(improve resilience) of limited to—temperature; air speed; humidity; the pavement (by over 50%), it effectively reset atmospheric pressure; precipitation; and air the oxidation curve for the pavement over the composition contamination related to testing area following seven years, dramatically extending the configuration and scale limitations. Roadway LCA of the pavement. "breathing zone" analysis also includes traffic variables, of course. MRT has been widely tested over the past half century with consistent excellent results. The The EPA sets strict standards for such method employs delivering an emulsified measurement and guides industry on accepted penetrating compound consisting of a near-pure methods and procedures, including equipment maltene rich petroleum resin, a compatible under the Federal Reference Method (FRM) surfactant, and water directly into the roadway and administered by the EPA's Ambient surface. Monitoring Technology Information Center (AMTIC).107 The surfactant and water help deliver the fresh maltene fractions ratably and deeply into wearing- Equipment that are "designated" or meet the course depth. The result is a revitalized or requirements are prohibitively expensive, with "rejuvenated" asphalt binder which can be tested set-ups ranging in the hundreds of thousands for measurably and sustainably. improved USD. And the EPA stated protocol calls for rheology, as the Charleston data proves. multiple FRM level equipment used in any testing for redundancy and consistency. MRT has shown, with repeat treatments every 34 three to five years, to extend the life cycle of The EPA "reference" requirements are supported asphalt pavements by two-fold and at a fraction of by the Agency's computerized simulation the cumulative cost of repaving,reducing reliance (regression) modeling, referred to as the Air on petroleum feedstocks and cutting energy, Pollutants Exposure Model (APEX).108 So, the maintenance and replacement costs. EPA combines advanced field monitoring with very sophisticated data-driven simulation MRT is the asphalt pavement preservation base software to predict human exposure risks to found in PTI's A.R.A.-1 Ti®. anthropogenic pollution. Combining a proven pavement LCA extending Additionally, the EPA believes near-road technology with a photocatalytic enhancement concentrations of pollutants can be 2-3 times has shown great results and synergies beneficial higher than measured at nearby area-wide to multiple level CO2e reductions for pavement monitors,109 as previously noted, making infrastructures. "breathing zone" identification critical in estimating human exposure to mobile-sourced 3.8 Road-Level Air Quality Reference Testing criteria toxins such as NOR. There are key unknown relationships between Conforming to air quality monitoring and human NOR, the soluble nitrates (HNO3) that result from hazard measurement under FRM is logistically PCO and variant atmospheric conditions. difficult and economically infeasible in most circumstances, while non-conforming testing Capturing and measuring ambient air quality in creates an unavoidable data"reference gap". real-time is very difficult owing to the multitude 107 EPA: Air Quality Methods — Criteria Pollutants, 109 EPA:Near Roadway Air Pollution and Health,Frequently www.epa.gov. Asked Questions,www.epa.gov. 108 EPA: Human Exposure Modeling — Air Pollutants Exposure Model,www.epa.gov. The gap potentially could be mitigated through :• Step 1: Establish the NOx -Nitrate additional near-field PCO testing to promote Exchange Rates for Fixed NOx Levels correlative significance to non-reference air • Step 2: Establish the NOx- Nitrate quality data collected. And this is among the on- going research initiatives with TTI, including Exchange Rates for Variable NOx potentially advancing future performance Levels specifications for photocatalyst pavements. • Step 3: Large-Scale Sample Testing to Validate Findings from 1 and 2 Drawing 3.15 Photocatalytic Disproportionation of Nitrite Gas (NO2) into The effectiveness of photocatalytic conversion on Nitrate(NO3) treated asphalt and concrete specimens can be tested with respect to a variation of NOx gas concentration by varying the air flow stream the N2 (or N20), gas is moving in. And against variant atmospheric e conditions. r. _[`J In the field, NOX reductions can be measured `r h� NO2- indirectly based on either quantifying nitrate levels observed directly throughout the testing rIQ2 area or by comparing the dielectric constant NO - across the treated surfaces to nitrate levels - observed in the laboratory on extracted cores, to 35 determine nitrate evaporation rate and nitrate concentrations in the field. Source:Royal Society of Chemistry These testing procedures could provide rapid One approach to promote better field data efficacy methods for determining NOx reduction is to establish a verifiable NOx—nitrate exchange efficiency against the established NNE, which rate ("nitrite-nitrate exchange indexing") in then could be compared to experimental (non order to ensure more dependable field monitoring FRM) air quality monitoring for correlations. of pollution reduction sites using non-conforming sources (Drawing 3.15). 110 Both then would be compared against the The relationships primarily relate to the efficiency established baseline verification 112 to draw an empirical relationship between PCO testing with of the NOx- nitrate exchange rates under varying a high degree of accuracy with those increasingly pollution exposure levels and air masses and more developmental at scale. This would be the movement. The objective of establishing such base pollution capture relationship used to relationships would be to ascertain how field develop a full-scale econometric model, to instrumentation would need to be properly include other traffic and weather variables, for configured in order effectively monitor and exceptionally reliable ME pollution removal characterize the effect of the NO. - nitrate efficiency predictability. exchange process under PCO. The priori under such a protocol would be: 110 Hassan M and Dylla HL et al., Durability and Titanium Dioxide, Journal of Separation Science, August Performance of Titanium Dioxide in Photocatalytic 2018. Pavements. 112 Japanese Industrial Standard (JIS) TR Z 0018 111 Wang L and Wang Q, Selective Determination of Photocatalytic Materials—Air Purification Test Procedure. Nitrite/Nitrate Based on Photo-induced Redox Activity of 3.9 The Road of the Future is Ready In short, human achievement, for all it is great benefits,is overwhelming Mother Nature's ability to self-clean our planet. This is not debatable. Photocatalysis is a natural solution, using the immense energy of the Sun, which helps accelerate inherent, organic mechanisms for managing rising GHG inventories effecting ground-level pollution and exaggerating the impacts of heat islands and climate change. The technology is available today and it is both scalable and economical. 36 Real Science. Real Results. TEC/I40, 4..4,, • MUNN 4Zr 37 ail 44t 142. CE 1 9 _ - www.SmogEatingRoads.com 1 SAFETY DATA SHEET 1. Identification Product identifler A.R.A.-1 Ti® Other means of identification Not available Recommended use Dust control emulsion Recommended restrictions Follow the manufacturer's instructions. Manufacturer/Importer/Supplier/Distributor information Manufacturer Manufacturer: D&D Emulsions,Inc. Address: 270 Park Avenue East P.O.Box 1706 Mansfield,OH 44901 24-Hour Telephone Number: CHEMTREC: 1-800-424-9300(USA and Canada) CCN794154 2. Hazard(s)identification Physical hazards Not classified Health hazards Carcinogenicity Category 1B Environmental hazards Not classified OSHA defined hazards Not classified Label elements 4 Signal word Danger Hazard statement May cause cancer. Prevention Obtain special instructions before use.Wear protective gloves/protective clothing/eye protection/face protection. Do not handle until all safety precautions have been read and understood. Response IF SWALLOWED;Immediately call a POISON CENTER or doctor/physician.Do NOT induce vomiting.IF exposed or concerned:Get medical advice/attention. Storage Store in accordance with international regulations.Store locked up. Disposal Dispose of contents/container in accordance with local/regional/national/international regulations. Hazard(s)not otherwise None known classified(HNOC) Supplemental Information Not applicable 3. Composition/information on ingredients Mixtures Chemical name Common name and synonyms CAS number 40 EXTRACTS(PETROLEUM),HEAVY 64742-11-6 60-65 NAPHTHENIC DISTILLATE SOLVENT WATER 7732-18-5 35-40 PROPRIETARY INGREDIENTS N/A <5 • 4. First-aid measures Inhalation Move to fresh air.Call a physician if symptoms develop or persist. Skin contact Wash off with soap and water.Get medical attention if irritation develops and persists. Eye contact Rinse with water.Get medical attention if Irritation develops and persists. Ingestion Rinse mouth.Do not induce vomiting without advise from poison control center.If vomiting occurs,keep head low so that stomach content doesn't get into the lungs. Material name:A.R.A.-1 Ti® SDS US 5516 Version U:01 Issue date:09/01/2017 1/6 Most important Direct contact with eyes may cause temporary irritation. symptoms/effects,acute and delayed Indication of immediate Treat symptomatically. medical attention and special treatment needed General information Ensure that medical personnel are aware of the material(s)involved,and take precautions to protect themselves. 5. Fire-fighting measures Suitable extinguishing media Water fog.Foam,Dry chemical powder.Dry chemicals.Carbon dioxide(CO2). Unsuitable extinguishing media Do not use water jet as an extinguisher,as this will spread the fire. Specific hazards arising from During fire,gases hazardous to health may be formed. the chemical Special protective equipment Self-contained breathing apparatus and full protective clothing must be worn in case of fire. and precautions for firefighters Fire-fighting Cool containers exposed to heat with water spray and remove container,If no risk is involved. equipment/Instructions Specific methods Use standard firefighting procedures and consider the hazards of other involved materials. 6. Accidental release measures Personal precautions, Keep unnecessary personnel away.For personal protection,see section 8 of the SDS. protective equipment and emergency procedures Methods and materials for Large Spills:Stop the flow of material,if this is without risk.Dike the spilled material,where this is possible.Cover containment and cleaning up with plastic sheet to prevent spreading.Absorb In vermiculite,dry sand or earth and place into containers.Following product recovery,flush area with water. Small Spills:Wipe up with absorbent material(e.g.cloth,fleece).Clean surface thoroughly to remove residual contamination. Never return spills to original containers for re-use.For waste disposal,see section 13 of the SDS. Environmental precautions Avoid discharge into drains,water sources or onto the ground. 7. Handling and storage Precautions for safe handling Avoid prolonged or repeated contact with skin.Avoid prolonged exposure.Use only in well-ventilated areas. Conditions for safe storage, Keep away from heat and sources of ignition.Store in original tightly closed container. Store away from incompatible including any incompatibilities materials(see section 10 of the SDS). 8. Exposure controls/personal protection Occupational exposure limits US.OSHA Table Z-1 Limits for Air Contaminants(29 CRF 1910.1000) Components Type Value Form EXTRACTS(PETROLEUM), PEL 5 mg/m3 Mist. HEAVY NAPHTHENIC DISTILLATE SOLVENT(CAS 64742-11-6) US.NIOSH:Pocket Guide to Chemical Hazards Components Type Value Form EXTRACTS(PETROLEUM), STEL 10 mg/m3 . Mist. HEAVY NAPHTHENIC DISTILLATE SOLVENT(CAS 64742-11-6) TWA 5 mg/m3 Mist. Biological limit values No biological exposure limits noted for the ingredient(s). Material name:A.R.A.-1 Ti' SDS US 5516 Version N:01 Issue date:09/01/2017 2/6 Appropriate engineering Good general ventilation(typically 10 air changes per hour)should be used.Ventilation rates should be matched to conditions. controls If applicable,use process enclosures,local exhaust ventilation,or other engineering controls to maintain airborne levels below recommended exposure limits.If exposure limits have not been established,maintain airborne levels to an acceptable level. Individual protection measures,such as personal protective equipment Eye/face protection Wear safety glasses with side shields(or goggles). Hand protection Wear protective gloves. Skin protection Other Wear appropriate chemical resistant clothing. Respiratory protection Not available Thermal hazards Wear appropriate thermal protective clothing,when necessary. General hygiene Always observe good personal hygiene measures,such as washing after handling the material and before eating,drinking, considerations and/or smoking.Routinely wash work clothing and protective equipment to remove contaminants. 9.Physical and chemical properties Appearance Opaque Liquid Physical state Liquid Form Liquid Color Yellow Odor Mild Odor Odor threshold Not available • pH 4.5—7.2 Melting point/freezing point Not available Initial boiling point and >212°F(>100°C)estimated boiling range Flash point Not available Evaporation rate <1 Flammability(solid,gas) Not available Upper/lower flammability or explosive limits Flammability limit—lower Not available (%) Flammability limit- Not available upper(%) Explosive limit—lower Not available (%) Explosive limit—upper Not available (%) Vapor pressure Not available Vapor density Not available Relative density 1 g/cm3 Solubility(les) Solubility(water) Readily Dispersible Partition coefficient Not available (n-octanol/water) Auto-ignition temperature 500'F(260°C)estimated Decomposition temperature Not available Viscosity Not available Other information Percent volatile 37.5%estimated <2% VOC(Weight%) 2.5%estimated 10.Stability and reactivity Reactivity The product is stable and non-reactive under normal conditions of use,storage and transport. Chemical stability Material is stable under normal conditions. Material name:A.R.A.-1 Tie SOS US 5516 Version 1$:01 Issue date:09/01/2017 3/6 Possibility of hazardous reactions No dangerous reaction known under conditions of normal use. Conditions to avoid Avoid temperatures exceeding the flash point.Contact with incompatible materials. Incompatible materials Strong oxidizing agents. Hazardous decomposition products No hazardous decomposition products are known. 11.Toxicological information Information on likely routes of exposure Ingestion Expected to be a low ingestion hazard. Inhalation Prolonged inhalation may be harmful. Skin contact No adverse effects due to skin contact are expected. Eye contact Direct contact with eyes may cause temporary irritation. Symptoms related to the physical, Direct contact with eyes may cause temporary irritation. chemical and toxicological characteristics Information on toxicological effects Acute toxicity Not available Skin corrosion/irritation Prolonged skin contact may cause temporary irritation. fI Serious eye damage/eye irritation Direct contact with eyes may cause temporary irritation.. Respiratory or skin sensitization Respiratory sensitization Not available Skin sensitization This product is not expected to cause skin sensitization. Germ cell mutagenicity No data available to indicate product or any components present at greater than 0.1%are mutagenic or genotoxic. Carcinogenicity Contains a substance/a group of substances which may cause cancer.Contains polycyclic aromatic compounds(EACs).Prolonged and/or repeated skin contact with certain PACs has been shown to cause skin cancer.Prolonged and/or repeated exposures by Inhalation of certain PACs may also cause cancer of the lung and of other sites of the body. US.OSHA Specifically Regulated Substances(29 CRF 1910.1001-1050) Not Listed Reproductive toxicity This product is not expected to cause reproductive or developmental effects. Specific target organ toxicity Not classified - single exposure Specific target organ toxicity Not classified - repeated exposure Aspiration hazard Not available Chronic effects Prolonged inhalation may be harmful. 12. Ecological information Ecotoxicity The product is not classified as environmentally hazardous.However,this does not exclude the possibility that large or frequent spills can have a harmful or damaging effect on the environment. Persistence and degradability No data is available on the degradability of this product. Bloaccumulative potential No data available Mobility in soil No data available Other adverse effects No other adverse environmental effects(e.g,ozone depletion,photochemical ozone creation potential,endocrine disruption,global warming potential)are expected from this component. 13.Disposal considerations Disposal instructions Collect and reclaim or dispose in sealed containers at licensed waste disposal site. Local disposal regulations Dispose in accordance with all applicable regulations. Hazardous waste code The waste code should be assigned in discussion between the user,the producer and the waste disposal company, Waste from residues/unused products Dispose of in accordance with local regulations.Empty containers or liners may retain some product residues.This material and its container must be disposed of in a safe manner(see:Disposal instructions) Material name:A.R.A.-1 Tim SDS US 5516 Version tt:01 Issue date:09/01/2017 4/6 Contaminated packaging Empty containers should be taken to an approved waste handling site for recycling or disposal.Since emptied containers may retain product residue,follow label warnings even after container is emptied, 14.Transport information DOT Not regulated as dangerous goods. IATA Not regulated as dangerous goods. IMDG Not regulated as dangerous goods. Transport in bulk according to Not available Annex II of MARPOL 73/78 and the IBC Code 15. Regulatory information US federal regulations All components are on the U.S.EPA TSCA Inventory list. TSCA Section 12(b)Export Notification(40 CRF 707,Subpt.D) Not regulated CERCLA Hazardous Substance List(40 CRF 302.4) Not listed US.OSHA Specifically Regulated Substances(29 CRF 1910.1001-1050) Not listed Superfund Amendments and Reauthorization Act of 1986(SARA) Hazard categories Immediate Hazard—No Delayed Hazard—Yes. Fire Hazard—No Pressure Hazard—No Reactivity Hazard—No SARA 302 Extremely hazardous substance Not listed SARA 311/312 No Hazardous chemical SARA 313(TRI reporting) Not regulated Other federal regulations Clean Air Act(CAA)Section 112 Hazardous Air Pollutants(HAPS)list Not regulated Clean Air Act(CAA)Section 112(r)Accidental Release Prevention(40 CRF 68.130) Not regulated Safe Drinking Water Act Not regulated (SDWA) US state regulations WARNING:This product contains a chemical known to the State of California to cause cancer, US.Massachusetts RTK—Substance List EXTRACTS(PETROLEUM),HEAVY NAPHTHENIC DISTILLATE SOLVENT(CAS 64742-11-6) US.New Jersey Worker and Community Right-to-Know Act Not regulated US.Pennsylvania RTK—Hazardous Substances EXTRACTS(PETROLEUM),HEAVY NAPHTHENIC DISTILLATE SOLVENT(CAS 64742-11-6) US.Rhode Island RTK • Not regulated US.California Proposition 65 WARNING:This product contains a chemical known to the State of California to cause cancer. Material name:A.R.A.-1 Ti° SDS US 5516 Version#:01 Issue date:09/01/2017 5/6 International Inventories Country(s)or region Inventory name On inventory(yes/no)'' Australia Australian Inventory of Chemical Substances(AICS) Yes Canada Domestic Substances List(DSL) Yes Canada Non-Domestic Substances List(NDSL) No China Inventory of Existing Chemical Substances In China(IECSC) Yes Europe European Inventory of Existing Commercial Chemical Substances Yes (EINECS) Europe European List of Notified Chemical Substances(ELINCS) No Japan Inventory of Existing and New Chemical Substances(ENCS) No Korea Existing Chemicals List(ECL) Yes New Zealand New Zealand Inventory Yes Philippines Philippine Inventory of Chemicals and Chemical Substances(PICCS) Yes United States&Puerto Rico Toxic Substances Control Act(TSCA)Inventory Yes 'A"Yes"indicates that all components of this product comply with the Inventory requirements administered by the governing country(s) A"No"indicates that one or more components of the product are not listed or exempt from this listing on the inventory administered by the governing country(s). 16.Other information,including date of preparation or last revision Issue date 10-31-2014 Version if 01 Disclaimer The information provided in this Safety Data Sheet is correct to the best of our knowledge, information and belief at the date of its publication.The information given is designed only as a guidance for safe handling,use,processing,storage,transportation,disposal and release and is not to be considered a warranty or quality specification.The information relates only to the specific material designated and may not be valid for such material used in combination with any other materials or in any process,unless specified in the text. Material name:A.R.A.-1 Ti" SDS US 5516 Version q:01 Issue date:09/01/2017 6/6 Florida State Ce ctt c'ate State of Florida Department of, State I certify from the records of this office that PAVEMENT TECHNOLOGY, INC. is an Ohio corporation authorized to transact business in the State of Florida, qualified on November 26, 1986. The document number of this corporation is P12308. I further certify that said corporation has paid all fees due this office through December 31, 2019, that its most recent annual report/uniform business report was filed on February 21, 2019, and that its status is active. I further certify that said corporation has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the State of Florida at Tallahassee,the Capital,this the Twenty-first day of February, 2019 )14400,4. Secretin gfState Tracking Number: 1924710495CC "To authenticate this certfficate,visit the following site,enter this number,and d then follow the instructions displayed. https://services,sunb iz,org/Filings/CertificateofStatus/CertJcateAuthentication • • \ • • • • la • • • I 1 0; • • 1 • . • • • . • 0 . • • • • • • • • Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 CORPORATE. RESOLUTION Pavement Technology, Inc. I hereby certify that I am the Founder and President of PavementTechnology, Inc., a corporation duly organized and existing under the laws of the State of Ohio; that on this 2nd day of January, 2007, the board of directors of said Corporation authorized and approved the Secretary/Treasurer of said corporation to execute any proposals and contracts for and in behalf of said corporation;that said authority is not ' contrary to any provision in the articles of incorporation or code of regulations or code of bylaws of said corporation;that said authority has not been rescinded or modified and that Susan J. Durante is the duly elected and acting Secretary/Treasurer of said corporation. IN WITNESS WHEREOF, I have hereunto subscribed my name on this 2nd day of January, 2007. Iir . Dura 0 ntesident • 7 EXHIBIT "C" (Front-End Documents/Instructions to Bidders) INSTRUCTIONS TO BIDDERS INVITATION TO BID # 072-22 1. Defined Terms: The following terms have the meanings indicated which are applicable to both the singular and plural thereof. 1.1 BIDDER: One who submits a Bid directly to CITY, as distinct from a sub-Bidder, who submits a bid to a BIDDER 1.2 CITY REP: City of Plantation,Procurement Agent 1.3 CITY: The City of Plantation, a Florida municipal corporation 1.4 CONTRACTOR: The BIDDER with whom CITY enters into a Contract for the Work. 1.5 The words `proposal" and"bid"for this proposal are considered interchangeable. 2. Copies of Bidding Documents: 2.1 Complete sets of the Solicitation Documents shall be obtained electronically from the Demand Star website https://www.demandstar.com/app/agencies/florida/city- of-plantation-procurement-division/procurement-opportunities/9b 6d13 fb-3 874- 4291-9605-81cf63387a40/ 2.2 Complete sets of Bid Documents shall be used in preparing Bids,neither CITY nor the CITY REP that prepared or assisted in the preparation of the Bid Documents assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bid Documents. 3. Qualifications of Bidders: No bid will be accepted from, nor will any Contract be awarded to, any person or firm who is in arrears to CITY,upon any debt or contract, or who is a defaulter, as surety or otherwise,upon any obligation to said CITY, or who is deemed irresponsible or unreliable by CITY. The CITY shall have no liability to any Successful BIDDER unless and until the CITY executes a contract with such Successful BIDDER. CITY shall also have the right,unless prohibited by law,to meet with one or more BIDDER after bids are opened to ensure that all CITY's expectations with respect to performance can be met and that the requirements and scope of the Contract Work are clearly understood. ITB No.072-22;Asphalt Rejuvenation Project—Term Contract Page 15 INSTRUCTIONS TO BIDDERS INVITATION TO BID #072-22 4.Examination of Bid Documents and Site: 4.1 Before submitting a Bid, each BIDDER(s) must (a) examine the Bid Documents thoroughly; (b) visit the site to familiarize themselves with local conditions that may in any manner affect performance, cost,progress or furnishing of the Work as required by the solicitation;(c)familiarize themselves with Federal,State,and local laws, ordinances, Florida Building Code or other applicable construction codes, rules and regulations affecting the performance, cost,progress, or furnishing of the Work; (d) study and carefully correlate their observations with the requirements of Contract Documents, and (e) notify CITY REP of all conflicts, errors or discrepancies in the Contract Documents. 4.2 BIDDERS should also note any references made to the Specifications for identification of those surveys and investigation reports of subsurface and latent physical conditions at the site or otherwise affecting performance, cost,progress or furnishing of the Work which have been relied upon by CITY REP in preparing the Drawings and Specifications, if any. CITY will make copies of such surveys and reports, which are not bound into these documents, available to any BIDDER requesting them. These reports are not guaranteed as to accuracy or completeness, nor are they part of the Bid Documents. 4.3 The submission of a Bid will constitute an incontrovertible representation by the BIDDER that they have complied with every requirement of this Article 4 and that the Bid Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work. 4.4 Any information and data reflected in the Contract Documents with respect to Underground Facilities at or contiguous to the site is based upon information and data furnished to CITY and CITY REP by owners of such Underground Facilities or others,and neither CITY nor CITY REP assumes responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in SUPPLEMENTARY CONDITIONS. 4.5 SUPPLEMENTARY CONDITIONS, if any, may identify for limited reliance by the CONTRACTOR certain specified technical data. These (as well as other documents) should be reviewed. 4.6 Before submitting a Bid, each BIDDER will, at its own expense, make or obtain any additional examinations,investigations,explorations, surveys,tests and studies and obtain any additional information or data which pertains to the physical conditions(surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost,progress,performance or furnishing of the Work and which BIDDER deems necessary to determine their Bid price for performance and furnishing of the Work in accordance with the time, price and other terms and conditions of the Bid Documents. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 16 INSTRUCTIONS TO BIDDERS INVITATION TO BID #072-22 4.7 On request in advance, CITY will provide each BIDDER access to the site to conduct explorations and tests as each BIDDER deems necessary for submission of a Bid. Bidder shall fill all holes, clean up and restore the site to its former condition upon completion of such explorations. 4.8 The lands upon which the Work is to be performed, and the right-of-ways and easements for access thereto and other lands designated for use in performing the Work are identified in the Bid Documents. All additional lands and access thereto required for temporary construction facilities or storage of materials and equipment or construction operations are to be provided by the CONTRACTOR. 5. Interpretations and Addenda: All questions about the meaning or intent of the Bid Documents shall be submitted to CITY REP in writing.Interpretations or clarifications considered necessary by CITY REP in response to such questions will be issued by Addenda and posted to the Demand Star website by CITY'S Procurement Department. Questions received less than ten(10) days prior to the date for opening of Bids will be answered at the option of the CITY. Only questions answered by formal written addenda will be binding.Oral and other interpretations or clarifications will be without legal effect. In the event of conflict between the Notice to Bidders and the terms written within the Scope of Services and/or Specifications contained within Bid documents, the terms within the Scope of Services and/or Specifications shall control. 6. Subcontractors, Suppliers and Others: 6.1 CITY requires the identity of major Subcontractors working on the project and Suppliers of unique material or products to be submitted to CITY in advance of the Notice of Award the apparent Successful BIDDER. Any other BIDDER requested by City in writing will,within seven(7) calendar days, submit to CITY a list of all Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) proposed for portions of this Project. An experience statement shall accompany such list with pertinent information as to similar projects and other evidence of qualifications for each identified Subcontractor, Supplier,person and organization. 6.2 If CITY or CITY REP after due investigation has reasonable objection any proposed Subcontractor, Supplier or other person or organization, may before giving the Notice of Award request the apparent Successful BIDDER to submit an acceptable substitute without an increase in Bid price. If the apparent Successful BIDDER declines to make any such substitution, CITY may award the contract to the next lowest BIDDER whose bid is determined to be the most advantageous to the CITY taking into consideration the evaluation factors and criteria set forth in the INVITATION TO BID or the code if none are provided in the INVITATION ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 17 INSTRUCTIONS TO BIDDERS INVITATION TO BID #072-22 TO BID that proposes to use acceptable Subcontractors, Suppliers and other persons and organizations.The BIDDER declining to make requested substitutions would not constitute grounds for sacrificing the Bid Security of any BIDDER. 6.3 No BIDDER shall be required to employ any Subcontractor, other person or organization against whom BIDDER has reasonable objection. 7. Bid Form: 7.1 The Bid Form is included with the Solicitation Documents. 7.2 All blanks on the Bid Forms must be completed in ink or be typed. The bid price of each item on the form must be stated in words and numerals: in case of conflict, words will take precedence.Whiteout of prices or words and numerals on Bid Form is not permitted. 7.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate office accompanied by evidence of authority to sign).The corporate seal must be affixed and attested by the secretary or an assistant secretary or notarized by a licensed Notary together with a corporate Resolution authorizing the submittal of the bid. The corporate address and state of incorporation must be shown below the signature. 7.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature. 7.5 All names must be typed or printed below the signature. The signer shall date all signatures. 7.6 The Bid shall contain an acknowledgement of receipt of all Addenda(the numbers of which must be filled in on the Bid Form). 7.7 The address and telephone number for communications regarding the Bid must be shown. 8. SUBMISSION OF BIDS: 8.1 Bids shall be submitted before the time and at the place indicated in the Notice to Bidders. 8.2 All Bids will be received electronically via the Demand Star website. Bid Documents may be obtained electronically at: ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 18 INSTRUCTIONS TO BIDDERS INVITATION TO BID #072-22 https://www.demandstar.com/app/agencies/florida/city-of-plantation- procurement-division/procurement-opportunities/9b6d 13 fb-3 874-4291-9605- 81cf63387a40/. Bids will not be considered and cannot be entered online after the above referenced date. 8.3 More than one Bid received for the same work from an individual, firm or partnership, a Corporation or Association under the same or different names will not be considered. Reasonable grounds for believing that any BIDDERS is interested in more than one Bid for the same work will cause the rejection of all such Bids in which the Bidders is interested. If there are reasonable grounds for believing that collusion exists among the BIDDER,the Bids of participants in such collusion will not be considered. 9.Modification and Withdrawal of Bids: 9.1 Bids may be modified or withdrawn by an appropriate document duly executed(in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. 9.2 If within twenty-four (24) hours after Bids are opened, any BIDDER files a duly signed, written notice with CITY and promptly thereafter demonstrates to the reasonable satisfaction of CITY that there was a material and substantial mistake in the preparation of its Bid, that BIDDER may withdraw its Bid and the Bid security will be returned.Thereafter,that BIDDER will be disqualified from further bidding on the Work to be provided under the Bid Documents. 10. Opening of Bids: Bids will be opened, read and recorded pursuant to State of Florida Law and City of Plantation code. 11. Bids to Remain Subject to Acceptance: 11.1 All bids MAY remain subject to acceptance for ninety (90) days after the day of the Bid opening, but CITY may, in its sole discretion, release any Bid and return any Bid security prior to that date. 11.2 Extension of time when Bids shall remain open beyond the original period may be made only by mutual agreement between CITY, the Successful BIDDER, and the surety,if any, for the Successful BIDDER. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 19 INSTRUCTIONS TO BIDDERS INVITATION TO BID #072-22 12.Award of Contract: 12.1 CITY reserves the right to reject any and all Bids, to waive any and all informalities, incompleteness, or irregularities not involving price, time or material changes in the Work, and to negotiate contract terms with the Successful BIDDER, and the right to disregard all nonconforming, nonresponsive, unbalanced, incomplete, irregular, or conditional Bids. Also, CITY reserves the right to reject the Bid of any BIDDER if CITY believes that it would not be in the best interest of the Project to make an award to that BIDDER,whether because the Bid is not responsible or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by CITY. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 12.2 CITY may conduct such investigations as CITY deems necessary to assist in the evaluation of any BIDDER and to establish the responsibility, reputation, work load, qualifications and financial ability of BIDDER, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to CITY's satisfaction within the prescribed time. 12.3 The CITY shall not be obligated to any BIDDER to enter into a contract with the BIDDER despite the CITY governing body prospectively awarding the contract to a successful BIDDER. The CITY shall be obligated to any Bidder for the project if and only if the CITY enters into a contract for the project with the Bidder, and further, no action will lie against the CITY to compel CITY to execute any such contract, or to recover from the CITY any damages, costs, lost profits, expenses, etc., that BIDDER may incur if the CITY chooses not to sign such contract. By bidding on this project, all BIDDERS acknowledge and agree that no enforceable contractual relationship arises until the CITY signs the contract, and that no action shall lie to require CITY to sign such contract at any time, and that Bidder waives all claims to damages, lost profits, costs, expenses, etc., as a result of the CITY not signing such contract. 12.4 If the contract is to be awarded, CITY will give the Successful BIDDER a Notice of Award. 12.5 Bid prices will be compared after adjusting for differences in the time designated in the Bid for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents for liquidated damages indicated for Substantial Completion for each day after the desired date appearing in Article 19 of this Document. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 1 10 INSTRUCTIONS TO BIDDERS INVITATION TO BID #072-22 13. Taxes: The CONTRACTOR shall pay all applicable sales,consumer,use and other similar taxes required by law.The CONTRACTOR is responsible for reviewing the pertinent state statutes involving the sales tax and complying with all requirements. 14. Insurance Requirements: All Bond and Insurance requirements are described in a separate document included with this solicitation(if applicable). 15.Equal Employment Opportunity Clause City of Plantation, Florida, in accordance with the provisions of Title VII of the Civil Rights Act of 1964(78 Stat.252)and the Regulations of the Department of Commerce(15 CFR,Part 8)issued pursuant to such Act,hereby notifies all BIDDERS that it will ensure that in any contract entered into pursuant to this advertisement,minority business enterprises will be afforded full opportunity to submit proposals in response to this advertisement and will not be discriminated against on the ground of race, color or national origin in consideration for an award. 16.Regulations Violation of any local, state or federal law in the performance of this Contract shall constitute a material breach of this Contract. 17.Fiscal Non-Funding Clause In the event sufficient funds are not budgeted for a new fiscal period, the CITY shall notify the successful BIDDER of such occurrence and the contract shall terminate on the last day of the current fiscal year without penalty or expense to the CITY. 18.Amendment The awarded BIDDER understands and agrees the contract constitutes the sole and complete understanding between the parties and supersedes all agreements between them, whether oral or written with respect to the subject matter. No amendment, change, or addendum to this Contract is enforceable unless agreed to in writing by both parties and incorporated into the Contract. 19. Assignment The awarded BIDDER shall not assign any interest in this Contract and shall not transfer any interest in same (whether by assignment or novation) without prior written consent of the CITY except that claims for the money due or to become due the awarded BIDDER from the.CITY under this Contract may be assigned to a financial institution or to a trustee in Bankruptcy without such ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 111 INSTRUCTIONS TO BIDDERS INVITATION TO BID #072-22 approval from the CITY. Notice of such transfer or assignment due to Bankruptcy shall be promptly given to the CITY. 20. Cone of Silence: Once the Solicitation has been issued, a Cone of Silence will be implemented. At that time communication with the CITY is limited to Deidre Bain, Procurement Agent (email address: DBain@plantation.org). During the solicitation advertising, review and evaluation process no person shall make any private or separate delivery of marketing information concerning any BIDDER to any elected officers of the CITY, members of the CITY staff or members of the Evaluation Committee. Cone of Silence shall terminate at the time the CITY makes an award to a BIDDERS(S) that becomes final as a result of no procurement protest being filed or takes other action that ends this solicitation. Any action of a BIDDER in violation of this may be cause for disqualification of the BIDDER. 21. Alternative Products: When bidding on an Alternative Product"or equal,"Bids must be accompanied with all descriptive information necessary for an evaluation of the proposed material or equipment such as the detailed drawings and specifications, certified operation and test data, and experience records. Failure of any bidder to furnish the data necessary to determine whether the product is equivalent, may be cause for rejection of the specific items(s) to which it pertains. All deviations from the specifications must be noted in detail by the BIDDER. Any deviation from the specifications as written and accepted by the CITY may be grounds for rejection of the material and/or equipment when delivered. 22. Equal Product: Manufacturer's brand name and model number are used in these specifications for the purpose of establishing minimum requirement level of quality and standards of performance and design required. This is in no way intended to prohibit the proposing of other manufacturer's items of equal material and function,unless otherwise indicated.Equal(substitution)may be bid,providing the product bid is found to be equal in quality, standards of performance, design, etc. to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by complete factory information sheets (specifications, brochures, etc.) documenting the equipment bid as equal. The CITY, after evaluation of the documentation submitted, will determine if products is approved as equal to the specified request. END OF DOCUMENT ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page 12 EXHIBIT "D" (Insurance Requirements) INSURANCE REQUIREMENTS Statement Contractors shall not commence any work until they have obtained and satisfied the city's insurance requirements under written contract with the city and such insurance has been approved by the City of Plantation Risk Management Department. Contractors shall not allow any subcontractor to commence work until all insurance requirements have been so obtained and approved. All insurance policies shall be with insurers qualified and doing business in the State of Florida.All insurance companies shall have a Financial Rating of no less than"A-"and Class X respectively, in the latest edition of A.M.Best Rating Guide.The types and amounts of insurance shall not be less than the amounts specified in this agreement. Insurance The required insurance coverage's shall be written in accordance with the hazards and magnitude of the project, but in no circumstances a lesser coverage amount, nor more restrictive than the limits of liability and schedule of hazards described herein. Contractors shall be responsible to purchase and maintain required insurance policies during the term of the contract agreement. If the Contractor fails to procure and maintain such insurance,the City of Plantation shall have the right, but not the obligation, to purchase and maintain said insurance for and in the name of the Contractor, and the Contractor will pay the premium cost thereof and shall furnish all necessary information to the city in order to make effective and maintain such insurance. Additional Insured Certificates of Insurance and insurance policies shall also be endorsed to name the City of Plantation"Additional Insured" on the Commercial General Liability with the following or similar endorsements providing equal or broader Additional Insured coverage, such as the basic CG2026 07 04 Additional Insured--Designated Person or Organization endorsement, or the CG2010 10 01 Additional Insured-Owners Lessees, or Contractors endorsement, or the CG2010 07 04 Owners, Lessees or Contractors endorsement, including the additional endorsement of CG2037 10 01-Additional Insured-Owners,Leases have Contractors Operations endorsement. Endorsements shall be required to provide back coverage for the contractors "Your Work" as defined in the insurance policy and liability arising out of the products&completed operations hazard. Commercial General Liability Contractor will agree to maintain Commercial General Liability at a minimum limit of liability not less than $1,000,000 Each Occurrence,and$2,000,000 Annual Aggregate unless the particular contract calls for specific limits of insurance. Coverage shall not contain any endorsement(s)excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. When a self-insured retention(SIR)or deductible exceeds $25,000, the City reserves the right, but not the obligation,to review and request a copy of Contractor's most recent annual report or audited financial statement. Business Automobile Liability Contractor will agree to maintain Business Automobile Liability at a limit of liability not less than$1,000,000 Each Occurrence. Coverage shall include liability for Owned,Non-Owned& Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired &Non-Owned Auto Liability,which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. Workers Compensation.& Employers Liability The Workers Compensation and Employers' Liability insurance shall be in accordance with Florida State Statutes 440. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page I 34 INSURANCE REQUIREMENTS -...161111111911. Umbrella Excess Liability If required by contract will be no more restricted than the underlying insurance policies. City of Plantation must be added and endorsed separately as additional insured on umbrella policies. Professional Liability; If required by contract will be a minimum of 1,000,000. Waiver of Subrogation The Contractor will agree that each required policy will contain Waivers of Subrogation in favor the City of Plantation. Should an insurance policy condition not permit Contractor to enter into a pre-loss agreement to waive subrogation without an endorsement,then the Contractor will agree to notify the insurer and request the policy be endorsed with a waiver of Transfer of Rights of Recovery against others,or its equivalent.This waiver of subrogation shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement,or voids coverage should contractor enter into such an agreement on a pre-loss basis. Certificate(s)'of Insurance The Contractor will agree to provide City a Certificate of Insurance evidencing that all coverage's, limits and endorsements required herein are maintained and in full force and effect, and certificates of insurance shall provide a minimum thirty(30)days to notify,when available by Contractors insurer.If the Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein,Contractor agrees to notify the City by fax within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. Certificates of Insurance shall be in the form as approved by Insurance Standards Office (ISO) and such certificates shall clearly state all of the coverage's required in this section. INSURANCE Commercial General Liability insurance will cover liability bodily injury and property damage.Exposures to be covered are premises,operations,products/completed operations,and contracts.Coverage must be written on an occurrence basis,with the following examples of insurance. Schedule Limits Commercial General Liability $1,000,000 Each Occurrence Blanket Contractual Liability $2,000,000 Each Occurrence Independent Contractors Premises-Operations Products&Completed Operations Personal/Advertising Injury Blanket Contractual Liability Independent Contractors Automobile Liability Any auto including Hired&Non-owned $1,000,000 Combined Single Limit Broad Form Property Damage $1,000,000 Each Occurrence Blanket X,C,U Hazards If required(Included) Workers' Compensation Florida 440 Statutory Coverage Employers Liability $1,000,000 Each Accident Disease Policy Limit $1,000,000 ITB No. 072-22; Asphalt Rejuvenation Project—Term Contract Page I35 INSURANCE REQUIREMENTS Bonds: A surety bond maybe required equal to the value of the job to guarantee the work will be done per the specifications on a timely basis. insurance Summary: • A. Violation of the terms of this agreement and its subparts shall constitute a breach of the written contract and so the city at its sole discretion,may cancel the contract and all rights,title and interest of the contractor shall thereupon cease and terminate. B. The City reserves the right to require or adjust any of the insurance coverage's it deems necessary depending upon the company,the project and the potential hazard exposures. C. The city requires being named"Additional Insured" on all certificates of insurance.Certificates of Insurance can only be endorsed by an insurance agency or insurance company. D. No work is to be performed pursuant to a mutually agreed upon written contract between the City of Plantation and the Contractor.The city will have the right to amend such contract to conform to City of Plantation guidelines for contract work. E. The City requires a"thirty(30)day notice of cancellation"on all certificates of insurance. The City requires a"wavier of subrogation"for all Workers Compensation Coverages TIN UNDERSIGN ) ;ONrRACTOR'F AS READ All THE FOREGOING REQUIREMENTS AND AGREES T lit TERMS. ESS'Su ruran e,: ecretaryfireasurer CONTRACTOR Colin Durante, President January 9, 2023 _„ _ DATE CITY OF PLANTATION ITB No.072-22;Asphalt Rejuvenation Project—Term Contract Page 136 ACo CERTIFICATE OF LIABILITY INSURANCE DATE`MMID°""rr' 4!11/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER CONTACT McGowan&Company,Inc. P PHONE Frances Lyons FAX 20595 Lorain Rd Km Ne Eel):440.895.4359 (A/C,No):440-333-3214 Fairview Park OH 44126 anp$Ess: fIyons me owaninsurance.com • INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Travelers Property Casually Co OfAmerica 36161. INSURED PAVETEC-01 Pavement Technology, Inc INSURER e:Phoenix Insurance Company 25623 24144 Detroit Rd INSURER C: Westlake OH 44145 INSURER D ' INSURER E: INSURER F: 'COVERAGES CERTIFICATE NUMBER:1758485299 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS., ILS TYPE OF INSURANCE VD ADDLI SUBRPOLICY EFF POLICY EXP 11450_WPOLICY NUMBER IIMM/DDJYYY'rLJMMIDOIYYYYI LIMITS , A X COMMERCIAL GENERAL LIABILITY Y Y DTC0324N6425 3/1/2023 3/1/2024 EACH OCCURRENCE 151,000,000 I CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea commence),- I$500,000 MED EXP(Any one person) I$10,000 PERSONAL8ADVINJURY $1,000,000 _ GE 'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE ($2,000,000 POLICY X JEC I J LOC _PRODUCTS-COMP/OP AGG I$2,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y Y 8108L578293 3/1/2023 3/1/2024 COMBINED SINGLE LIMIT 81.000,000 (Ea eo©den9 X ANY AUTO BODILY INJURY(Per person) —5. OWNED 1 SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per ecUdenl) $ X HIRED Y-7 NON-OWNED PROPERTY DAMAGE AUTOS ONLY — IAUTOS ONLY (Per acddenj $ I $ 1 A X UMBRELLA MAR X I OCCUR Y I Y CUP2J391570 3/1/2023 3/1/2024 EACH OCCURRENCE $5,000,000 I EXCESS LIAB CLAIMS-MADE AGGREGATE _ 55,000,000 i DED X I RETENTION$1n non- _ $ A WORKERS COMPENSATION Y UBOK349145311/2023 3/1/2024 AND EMPLOYERS'LIABILITY Y 1 N -I STATUTE I -1 OTH- ER ANYPROPRIErOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE.$1,000,000 It yes,describe under — .DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS f LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Project:Asphalt Rejuvenation Project—Term Contract Agreement No,072-22 The City of Plantation is included as an additional insured with respects to the General Liability and Automobile Liability when required by written contract. Waiver of Subrogation is included In favor of the additional insured where permissIble by state law when required by written contract. 10 day notice of cancellation for non-payment of premium,30 day notice for all other reasons applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Plantation 400 NW 73 Avenue AUTHORIZED REPRESENTATIVE Plantation FL 33317 .------. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD --01141 EXHIBIT "E" (Unit prices identified and agreed to under this Agreement) BID FORM (REVISED) Bidding Company's Name: Pavement Technology, Inc. Address: 24144 Detroit Road, Westlake, OH 44145 Phone: 440-892-1895 Email: dcancelliere@pavetechinc.com To furnish and deliver all materials and to do and perform all work in accordance with the Contract Documents for the Project entitled: SOLICITATION NAME: Asphalt Rejuvenation Project—Term Contract ITB No. 072-22 City of Plantation TO: City of Plantation 400 NW 73rd Avenue Plantation,FL 33317 The Undersigned BIDDER proposes and agrees if this bid is accepted,to enter an agreement with the CITY to complete all work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the Contract Documents. BIDDER accepts all of the terms and conditions of the Instructions to Bidders,including without limitation. This bid will remain open for ninety(90)days after the day of Bid Opening. A. BIDDER has examined copies of all the Contract Documents and of the following Addenda: (if any addenda have been issued) DATE: ADDENDA NUMBER: [ ]11/18/22 [1 l [ ]12/14/22 [2 l [ ]12/21/22 [3 ] (receipt of all of which is hereby acknowledged) and also copies of the Advertisement or Notice to Contractors and the Instruction to Bidder. B. This bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreements or rules of any group,association, organization or corporation. BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham bid; BIDDER has not solicited or induced any person, firm, or a corporation to refrain from bidding;and BIDDER has not sought by collusion to obtain for himself any advantage over any other BIDDER or over CITY. C. BIDDER shall complete/furnish the work/equipment for the following price. It is the CITY'S intent to award a contract to the lowest,responsive,and responsible BIDDER for Base Bid A or Base Bid B. ITB No.072-22; Asphalt Rejuvenation Project—Term Contract Page 140 BID FORM (REVISED) TOTAL BASE BID AMOUNT: BASE BID A Description Per SQ YD Cost Total Cost Standard Specification—Reclamite $744,150.00 Approximately 615,000 square yards annually construction sealing with $ 1.21 SY asphalt-rejuvenating agent furnished and applied. One dollar&twenty-one cents per sq.yd. BASE BID B Description Per SQ YD Cost Total Cost _ Bid Alternate#1 $1,531,350.00 Approximately 615,000 square yards annually construction sealing with $ 2.49 SY asphalt-rejuvenating agent furnished and applied. Two dollars&forty-nine cents per sq.yd. *The City reserves the right to award either Base Bid A or Base Bid B *Prices shall remain firm for ninety(90)days. Safety Data Sheets enclosed? Yes ✓ No Specification Sheets/Brochures? Yes V No Communications concerning this Bid shall be addressed to the address of BIDDER indicated below. The undersigned also agrees as follows: To do any extra work not covered by the foregoing Schedule of Price which may be ordered by the CITY, and to accept as full compensation therefore,such prices may be agreed upon in writing by the CITY and the BIDDER SUBMITTED ON 1/920 23. -- SIGNATURE OF BIDDER PRINT NAME: Colin Durante TITLE(if any): President ADDRESS: 24144 Detroit Road, Westlake, OH 44145 Incorporated under the laws of the State of Florida. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract Page I 41 EXHIBIT "F" (General Terms and Conditions) GENERAL TERMS AND CONDITIONS A. Warranty The Contractor warrants to the City that materials and equipment furnished under the Agreement will be of good quality and new unless otherwise required or permitted by the City;that the Work will be free from defects not inherent in the quality required or permitted; and that the Work will conform with the applicable standard construction details and requirements.Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty shall be for a period of one (1) year from acceptance by the City and excludes remedy for damage or defect caused by abuse,modifications not executed by the Contractor, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage.The Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. All manufacturers' product warranties shall be registered in the City's name and for its sole benefit. B. Safety Precautions and Programs 1. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Agreement. 2. In the event the Contractor encounters on the Project site any material reasonably believed to be asbestos or polychlorinated biphenyl (PCB) that has not been rendered harmless, the Contractor shall immediately stop Work in the area affected and report the condition to the City in writing. The Work in the affected area shall not thereafter be resumed except by written agreement of the City and Contractor if in fact the material is asbestos or polychlorinated biphenyl (PCB) and has not been rendered harmless. The Work in the affected area shall be resumed in the absence of asbestos or polychlorinated biphenyl (PCB), or when it has been rendered harmless,by written agreement of the City and Contractor. 3. The Contractor shall not be required to work in an area on the Project site that contains asbestos or polychlorinated biphenyl(PCB). C. Safety of Persons and Property 1. The Contractor shall take responsible precautions for safety of, and shall provide reasonable protection to prevent damage,injury or loss to: a. employees at the Project site and other persons who may be affected thereby; b. the Work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care, custody or control of the Contractor or the Contractor's Subcontractors or Subsubcontractors; and c. other property at the Project site or adjacent thereto,such as trees,shrubs,lawns,walks, relocation or replacement in the course of construction ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. GENERAL TERMS AND CONDITIONS 2. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of public authorities bearing on safety of persons or property for their protection from damage,injury or loss. 3. The Contractor shall erect and maintain,as required by existing conditions and performance of the Contract, reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent sites and utilities. 4. When use or storage of explosives or other hazardous materials or equipment or unusual methods are necessary for execution of the Work,the Contractor shall exercise utmost care and carry on such activities under supervision of properly qualified personnel. 5. The Contractor shall promptly remedy damage and loss (other than damage or loss insured under property insurance required by the Contract Documents)to property referred to in this Section caused in whole or in part by the Contractor, a Subcontractor, a Sub-subcontractor, or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Contractor is responsible except damage or loss attributable to acts or omissions of the City or Consultant or anyone directly or indirectly employed by either of them,or by anyone for whose acts either of them may be liable,and not attributable to the fault or negligence of the Contractor. 6. When applicable, the Contractor shall designate a responsible member of the Contractor's organization at the Project site whose duty shall be the prevention of accidents. This person shall be the Contractor's Superintendent unless otherwise designated by the Contractor in writing to the City and Consultant. 7. The Contractor shall not load or permit any part of the construction site to be loaded so as to endanger its safety. D. Uncovering of Work 1. If a portion of the Work is covered contrary to the City's request,it must,if required in writing by the City,be uncovered for the City's inspection and be replaced at the Contractor's expense. E. Correction of Work 1. The Contactor shall promptly, in a technically appropriate time period, correct Work rejected by the City or failing to conform to the applicable standard detail requirements.The Contactor shall bear costs of correcting such rejected work, including additional testing and inspections and compensation for the City services and expenses made necessary thereby. 2. If,within one year after the date of completion of the Work,any of the Work is found to be not in accordance with the standard detail requirements or to have failed, the Contractor shall ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. -'14■111,‘ GENERAL TERMS AND CONDITIONS correct it promptly,in a technically appropriate time period,after receipt of written notice from the City unless the City has previously given the Contractor a written acceptance of such condition. The City shall give such notice after discovery of the condition. 3. The Contractor shall remove from the work/project site portions of the Work that are not in accordance with the Work requirements and are neither corrected by the Contractor nor accepted by the City. 4. If the Contractor fails to correct nonconforming Work within a reasonable time,the City may correct it at the Contractor's expense. If the Contractor does not proceed with correction of such nonconforming Work within a reasonable time fixed by written notice from the City,the City may remove it and store the salvable materials or equipment at the Contractor's expense. If the Contractor does not pay costs of such removal and storage within ten days after written notice,the City may upon ten additional days'written notice sell such materials and equipment at auction or at private sale and shall account for the proceeds thereof,after deducting costs and damages that should have been borne by the Contractor,including compensation for the City's services and expenses made necessary thereby. If such proceeds of sale do not cover costs, which the Contractor should have borne,the Contract Sum shall be reduced by the deficiency. If payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the City. 5. The Contractor shall bear the cost of correcting destroyed or damaged construction, whether completed or partially completed,of the City or separate contractors caused by the Contractor's correction or removal of Work that is not in accordance with the Work requirements. F. Cleaning Up 1. The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by Work operations. At completion of the Work the Contractor shall remove from and around the Project site waste materials,rubbish,the Contractor's tools, construction equipment,machinery and surplus materials. 2. If the Contractor fails to clean up as directed,the City may do so and the cost thereof shall be charged to the Contractor. 3. The Contractor shall be responsible for the safe,neat and secure on-site retention of solid waste generated during the course of construction. 4. The Work Site includes the immediate area of the Site,ingress and egress routes through City's property(City Limits).Proper care shall be taken to avoid debris,trash,soil,gravel,rock,liquid or other materials from being deposited on roads or common areas of the City's adjacent property. The Contractor is responsible for providing a method of cleaning and or removing such debris or spillage as part of its Site responsibilities. In the event the City provides the means to clean or remove such debris or spillage from ingress or egress routes,the Contractor will be responsible for reasonable reimbursement to the City. ITB No. 072-22;Asphalt Rejuvenation Project–Term Contract. — �_ -4411, GENERAL TERMS AND CONDITIONS 5. IF requested by the City, temporary restoration of asphalt pavement and other surfaces disturbed by the work shall occur within 24 hours that work has been completed within the disturbed area. 6. Permanent restoration of paved areas shall not occur prior to repairs being completed, tested for leaks, the construction within the disturbed pavement area has been completed, and inspections approved;but not later than 10 working days after completion of these items. For a project with multiple sites throughout the City, the requirement for permanent restoration work within 10 working days shall apply to each site independently unless otherwise directed. 7. If directed by the City, all other areas disturbed by the Work shall be restored, within 10 working days of completion of construction at the Contractor's expense, to a condition equal to or better than that of the surrounding adjacent areas,with materials matching the surrounding adjacent materials. For a project with multiple sites throughout the City, the requirement for permanent restoration work within 10 working days shall apply to each site independently unless otherwise directed. G. Project Closeout 1. When Contractor considers the Work to be completed at the end of each Work assignment, Contractor shall submit written certification to the City that the Work is completed and ready for final inspection.Include the following: a. Submit the final payment request with releases and supporting documentation not previously submitted and accepted. Include certificates of insurance for products and completed operations where required. b. Submit an updated final statement, accounting for final additional changes to the amount approved for the completed Work assignment. H. Final Cleaning 1. Remove any temporary protection and facilities installed for protection of the work area or equipment during general electrical repair work. 2. Comply with regulations of authorities having jurisdiction and safety standards for cleaning. 3. Where extra materials of value remaining after completion of associated Work have become the City's property,arrange for disposition of these materials as directed. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. -4111111111 GENERAL TERMS AND CONDITIONS I. Changes in Quantities 1. The City reserves the right to increase or decrease the amount of any class of unit price work that may be deemed necessary. J. Permits,Fees and Notices(If Applicable) 1. Permit fees required by the Work shall be eligible for reimbursement by the City to the Contractor upon presentation of receipts by the Contractor. 2. It is the Contractor's responsibility to have and maintain appropriate Certificate(s) of Competency and submit state registration(if required)for the work to be performed and valid for the jurisdiction in which the work is to be performed for all persons (including subcontractors)working on the project for whom a Certificate of Competency is required. K. Public Construction Bond(s) 1. Contractor may be required to ensure a Public Construction Bond equal to one hundred(100) percent of the authorized work. The unit pricing provided by the Contractor in the bid form shall include the bonding cost. The Bond must be written through a company licensed to do business in the State of Florida and be rated at least"A",Class X,in the latest edition of"Best's Key Rating Guide",published by A.M.Best Company. L. Completion of Work: 1. The Work shall be performed on an as needed basis and completed within the time frames established by the City and the Contractor over the life of the Agreement. M. Contractor Services and Responsibilities 1. The Contractor shall assist the City or City's Representative in filing documents required to obtain necessary approvals of governmental authorities having jurisdiction over the project. 2. Materials: Unless otherwise specified herein,Contractor shall furnish,pay for and assume full responsibility for all materials,equipment,transportation,machinery,tools,appliances,water, heat, utilities and all other facilities and services necessary for the furnishing, performance, testing,startup and proper completion of the Work. Contractor warrants that all materials and equipment shall be of good quality and new,unless otherwise provided in the Bid Documents and that the Work will be free from defects whether patent or latent in nature. All materials and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions of the applicable supplier except as otherwise provided in the Bid Documents. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. GENERAL TERMS AND CONDITIONS 3. The Contractor shall be responsible for and shall coordinate all construction means,methods, techniques,sequences,and procedures. 4. The Contractor shall keep the City and City's Representative (if applicable) informed of the progress and quality of the Work. 5. If requested in writing by the City, the Contractor, with reasonable promptness and in accordance with time limits agreed upon,shall interpret the requirements of the Bid Documents and shall decide, subject to determination by the Architect or Engineer(if applicable), subject to demand for arbitration,claims,disputes and other matters in question relating to performance thereunder by both City and Contractor. Such interpretations and decisions shall be in writing, shall not be presumed to be correct, and shall be given such weight as the arbitrator(s) or the court shall determine. 6. The Contractor shall correct Work which does not conform to the Bid Documents. 7. Contractor shall comply with and give all notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to the performance of the Work. City shall not be responsible for monitoring Contractor's compliance with any laws and regulations. Contractor shall promptly notify City if the Bid Documents are observed by Contractor to be at variance therewith. 8. The Contractor shall pay royalties and license fees.The Contractor shall defend suits or claims for infringement of patent rights and shall hold the City harmless from loss on account thereof, except that the City shall be responsible for such loss when a particular design, process or product of a particular manufacturer is required by the City. However, if the Contractor has reason to believe the use of a required design process or product is an infringement of a patent, the Contractor shall be responsible for such loss unless such information is promptly given to the City. 9. The Contractor shall be responsible to the City for acts and omissions of the Contractor's employees and parties in privity of Contract with the Contractor to perform a portion of the Work,including their agents and employees. 10. The Contractor shall keep the premises free from accumulation of waste materials or rubbish caused by the Contractor's operation. At the completion of the Work, the Contractor shall remove from the project site the Contractor's tools,construction equipment,machinery,surplus materials,waste materials, and rubbish. 11. The Contractor shall prepare Change Orders for the City or City Representative's approval and execution in accordance with this Agreement and shall have authority to make minor changes in the design and construction consistent with the intent of this Agreement not involving an adjustment in the contract sum or an extension of the contract time. The Contractor shall promptly inform the City or City's Representative in writing, of minor changes in the design and construction. ITB No. 072-22;Asphalt Rejuvenation Project–Term Contract. —— GENERAL TERMS AND CONDITIONS 12. The Contractor shall notify the City or City's Representative when the Work or an agreed upon portion thereof is substantially completed by issuing a Certificate of Substantial Completion which shall establish the Date of Substantial Completion; shall state the responsibility of each party for security,maintenance,heat,utilities,damage to the Work and insurance;shall include a list of items to be completed or corrected; and shall fix the time within which the Contractor shall complete items listed therein. 13. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying Contractor's best skill, attention and expertise. Contractor shall be solely responsible for and have control over the means,methods,techniques,sequences and procedures of construction. Contractor shall be responsible to see that the finished Work complies accurately with the Bid Documents. 14. Contractor shall be fully responsible to City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors,suppliers and of persons for whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect Contract with Contractor. Nothing in the Bid Documents shall create any Contractual relationship between City and any such subcontractor,supplier or other person or organization, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Bid Documents for the benefit of City. 15. Contractor shall obtain and pay for all permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary. 16. Within seven (7) calendar days after execution of the Contract and in any event prior to the commencement of any Work hereunder,Contractor shall furnish,in writing to City,the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design)proposed for each principal portion of the Work.City shall advise Contractor, in writing, of any proposed person or entity to which City has a reasonable objection. Failure of City to reply promptly shall constitute notice of no reasonable objection. Contractor shall not contract with a proposed person or entity to whom City has made a reasonable and timely objection. If City has reasonable objection to a person or entity proposed by Contractor, Contractor shall propose another to whom City has no reasonable objection. Contractor shall not change a subcontractor, person or entity previously selected if City makes reasonable objection to such change. 17. Contractor shall be fully responsible to City for all acts and omissions of the Contractor's employees, subcontractors, suppliers and other persons directly or indirectly employed by his subcontractors,suppliers and of persons for whose acts any of them may be liable and any other ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. GENERAL TERMS AND CONDITIONS persons and organizations performing or furnishing of the Work under a direct or indirect contract with Contractor. Nothing in the Contract Documents shall create any contractual relationship between City and any such subcontractor,supplier or other person or organization, nor shall it create any obligation on the part of City to pay or to see to the payment of any moneys due any such subcontractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 18. All Work performed for Contractor by a subcontractor will be pursuant to an appropriate agreement between Contractor and the subcontractor which specifically binds the subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of City. N. Risk of Loss; Title: The risk of loss,injury,or destruction shall be on Contractor until acceptance of the Work by City.Title to the Work shall pass to City upon acceptance of the Work by City. O. Use of Premises: Contractor shall confine equipment,the storage of materials and equipment and the operations of Workers to the project site and areas identified in and permitted by the Bid Documents and shall not unreasonably encumber the premises with equipment or other materials. Contractor shall assume full responsibility for any damage to any such land or area, or to the City or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work.Should any claim be made against City by any such occupant because of the performance of the Work, Contractor shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim. The general indemnification provided elsewhere in this document specifically applies to claims arising out of Contractor's use of the premises. During the progress of the Work,Contractor shall keep the premises free from accumulation of waste materials,rubbish, and other debris resulting from the Work.At the completion of the Work,Contractor shall remove all waste materials,rubbish and debris from and about the premises,as well as all tools,appliances, equipment and machinery, and surplus materials, and shall leave the site clean and ready for occupancy by City. Contractor shall restore to original condition all property not designated for alteration by the Bid Documents. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. P. Access to Work: Contractor shall provide City, City's consultants,representatives and personnel, independent testing laboratories and governmental agencies with jurisdictional interests with access to the Work at reasonable times for their observation, inspection and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's site safety procedures and programs so that they may comply therewith. Q Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in the Bid Documents, shall survive final payment, completion and acceptance of the Work and termination or completion of the Agreement. ITB No. 072-22;Asphalt Rejuvenation Project—Term Contract. -4411111119 GENERAL TERMS AND CONDITIONS R. Work by City or City's Contractors 1. The City reserves the right to perform Work related to, but not part of, the Project and to award separate contracts in connection with other Work at the site. If the Contractor claims that delay or additional cost is involved because of such action by the City,the Contractor shall make such claims to the City or City's Representative in writing. 2. The Contractor shall afford the City's separate contractors'reasonable opportunity for introduction and storage of their materials and equipment for execution of their Work. The Contractor shall incorporate and coordinate the Contractor's Work with the Work of the City's separate contractors as required by the Bid Documents. 3. Costs caused by defective or ill-timed Work shall be borne by the party responsible. END OF SECTION ITB No.072-22;Asphalt Rejuvenation Project—Term Contract. OFFICE OF THE MAYOR CITY COUNCIL Lynn Stoner Erik Anderson, President Mayor Jennifer Andreu, President Pro Tern I Timothy J. Fadgen PROCUREMENT DEPARTMENT Denise Horland Charles Spencer, NIGP-CPP Plantation Nick Sortal Director the grass is greener ADDENDUM NO. 1 ITB No.072-22 Asphalt Rejuvenation Project—Term Contract DATE OF ADDENDUM:November 18,2022 TO ALL PROSPECTIVE BIDDERS: The following clarification, changes, additions and/or deletions are hereby made part of the Contract Documents for ITB No. 072-22. :Ouestions.and Answers_ Question No. 1 -On page 14, paragraph 2, it states that the initial contract term is two years,with three optional one-year renewal terms, but on page 64, it states that the initial term is for one year, with four optional one-year renewal periods. Can you please tell me which is correct? Response No. 1—A two-year initial contract term with renewal options for an additional three one-year terms. 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—Please disregard that paragraph and refer to the scope beginning on page 14 for a description of work to be performed under this project. 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. hitpsilwww.demandstar.com/app/agencies/florida/city-of=plantation-procurementAivision/procurement- opportunities/9b6d 13 fb-3 874-4291-9605-81 a 163387a40/ All other terms,conditions and specifications remain unchanged for ITB No. 072-22. Please acknowledge receipt of this Addendum No. 1 by returning it and/or acknowledging it in your bid. BIDDER'S NAME: Pavement Technology, Inc. 400 NW 73rd Avenue • Plantation,Florida 33317 954.414.7842 •' www.plantation.org 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 ti Asphalt Rejuvenation Project—Term Contract DATE OF ADDENDUM:December 14,2022 TO ALL PROSPECTIVE BIDDERS: The following clarification, changes, additions and/or deletions are hereby made part of the Contract Documents for ITB No.072-22. .Questions.and Answers. Question No. 1 - The previous contract used by the City was on the South Florida Purchasing Cooperative, will this contract similarly allow for other agencies to piggyback by adding language to that end? Response No. 1—The City will allow for other agencies to piggyback by excluding language in the contract that may prohibit it. Question No.2-With the extreme volatility of petroleum-based materials, longer term contracts around the state have added escalation clauses(such as the Producer Price Index or the FDOT Fuel and Bituminous Average Price Index).Would the City of Plantation consider adding such a clause to this contract? Response No.2—Please make the appropriate assumptions for the initial term of the contract.After the initial term,the City will consider the aforementioned escalation clauses. 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. Iittps://WwW.deiiiandstar:coni/app/agendies[floridakity=of plantatioii-prodiirement-division/procurement- opportunities/9b6d 13fb-3874-4291-9605-81 cf63387a40/ 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 o www.plantation.org OFFICE OF THE MAYOR CITY COUNCIL Nick Sortal Jennifer Andreu, President Mayor Timothy 3. Fadgen, President Pro Tern 1 Erik Anderson PROCUREMENT DEPARTMENT Denise Horland Charles Spencer, NIGP-CPP Plantation Louis Reinstien Director the 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 form. `Questions and Answers Question No. 1 - On page 53, the checklist lists "Federal Funding Requirements" as a submitted form, but that won't apply, correct? Response No. 1-Please disregard this checklist item as it does not apply: Question No.2 -If we are submitting a price for the standard spec product,Reclamite®,and we are also providing pricing for an alternate product,then would the Grand Total be those two totals added together,or would the Grand Total be the total amount for the standard spec product? Response No.2-Please see the attached revised bid form. 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-Please provide two different totals and make a clear distinction between the standard and alternate bid price. Bids must be submitted on or before January 10,2023 11:00 A.M. Bids must be submitted electronically ONLY via the Demand Star website. htttis://www:deinandstar.coin/app/agencies/florida/city-o"f-plantation-proctireinent-division/procurement- opportunities/9b6d 13 fb-3874-.4291-96054 I cf63387a40/ All other terms, conditions and specifications remain unchanged for ITB No. 072-22. Please acknowledge receipt of this Addendum No. 3 by returning it and/or acknowledging it in your bid. BIDDER'S NAME: Pavement Technology, Inc. 400 NW 73rd Avenue • Plantation,Florida 33317 954.414.7842 • www.plantation.org