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Item 11 Approval to Piggyback on City of Orlando’s Contract for Application of Asphalt Rejuvenating Agent with Pavement Technology, Inc. 4\9/ ocoee florida AGENDA ITEM COVER SHEET Meeting Date: May 7, 2019 Item # 1/ Reviewed By: Contact Name: Stephen C. Krug Department Director: Contact Number: 6002 City Manager: i,./ f.- Subject: Approval to Piggyback on City of Orlando's Contract for City Wide Application of Asphalt Rejuvenating Agent with Pavement Technology, Inc. Background Summary: The City resurfacing budget included treating certain recently paved roads with asphalt rejuvenating agent as a method to extend the service life of the pavement. The City of Orlando has been utilizing this process for several years with published results showing an extension of the pavement life. Public Works has been working with representatives from Pavement Technology, Inc. (PTI) and other municipalities throughout Florida to determine which streets in Ocoee can benefit from this treatment. Based on the established budget, Public Works selected the following streets for rejuvenation; Meadow Sweet Ct., Fort Collins Ct., Little Aspen Ct., New Meadows Ct., Bay St., Floral St., W. Ohio St., Olympus Dr., Adriatic Dr., Acropolis Dr., Ocoee Hills Rd., Ridgefield Ave. and Wurst Rd. Public Works recommends approval to piggy back on the City of Orlando Contract IFB15-0224 for Application of Asphalt Rejuvenating Agent on Various Streets with Pavement Technology, Inc. Issue: Request the City Commission to approve utilizing the City of Orlando Contract IFB15-0224 for Application of Asphalt Rejuvenating Agent on various City streets. Recommendations: Recommend the City Commission approve utilizing the City of Orlando Contract IFB15-0224 for Application of Asphalt Rejuvenating Agent on Various Streets with Pavement Technology, Inc., Westlake, Ohio, doing business locally from Vero Beach, Florida for up to $50,000.00. Also recommend the City Manager be authorized to approve change orders to this contract up to the limit of his purchasing authority for each change order, and up to the budgeted amount for this project for all change orders. Attachments: City of Orlando Contract IFB15-0224, Pavement Technology, Inc. City of Orlando Contract IFB15-0224, Executed Contract Renewal Letters. Pavement Technology, Inc., Proposal. Financial Impact: The cost for the asphalt rejuvenating work is adequately funded from 2017/2018 carry forward funds designated in Paving Improvements. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading X Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion& Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. x. N/A Review ed by ( ) N/A 2 Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 April 11, 2019 Mr. Stephen Krug Public Works Director City of Ocoee 301 Maguire Road Ocoee, FL 34761 RE: IFB15-0224, Application of Asphalt Rejuvenating Agent on Various Street Locations in Orlando, Florida. Mr. Krug: We are pleased to offer our proposal to apply Reclamite®Asphalt Rejuvenator to streets located in the City of Ocoee. The roads you selected for potential treatment are excellent candidates. Square Street From To Yards Amount Meadow Sweet Ct Little Spring Hill Dr Cul-de-sac 1,212 $ 981.72 Fort Collins Little Spring Hill Dr Cul-de-sac 1,212 $ 981.72 Little Aspen Little Spring Hill Dr Cul-de-sac 1,212 $ 981.72 New Meadows Little Spring Hill Dr Cul-de-sac 1,212 $ 981.72 Bay St W Mc Kay End 2,083 $ 1,687.23 Floral St Bay St S Bluford Ave 1,903 $ 1,541.43 W Ohio St S Bluford Ave End 2,228 $ 1,804.68 Olympus Drive Silver Star Rd Cul-de-sac 9,041 $ 7,323.21 Adriatic Dr Olympus Dr Clarke Rd 2,458 $ 1,990.98 Acropolis Dr Olympus Dr Olympus Dr 2,907 $ 2,354.67 Ocoee Hills Rd Flewelling Ave Silver Star Rd 6,817 $ 5,521.77 Ridgefield Ave Flewelling Ave Silver Star Rd 7,120 $ 5,767.20 Wurst Rd A D Mims Rd N Lakewood Ave 12,235 $ 9,910.35 Total 51,640 $41,828.40 Mobilization Charge $ 1,500.00 Grand Total $ 43,328.40 Page 2 We will forward verification of our contract with the City of Orlando, Florida for the application of Reclamite®Asphalt Rejuvenating Agent. Pavement Technology, Inc. can offer to the City of Ocoee the contract price of$0.81 per square yard, as per the attached documents. We look forward to the opportunity to be of service to you and the City of Ocoee. Sincerely, Chris Evers cevers@pavetechinc.com i Mayor Chief Procurement Officer Buddy Dyer ,,„,1��i;,, , ,;. David Billingsley,CPSM,C.P.M. CITY OF ORLANDO INVITATON FOR BIDS(IFB) DATE OF ISSUE: MARCH 16, 2015 IFB DUE DATE: APRIL 15,2015 IFB DUE TIME: 2:00 p.m.,Local Time, City of Orlando, FL BID DELIVERY LOCATION: City of Orlando Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 Bid opening held at same location. IFB TITLE: APPLICATION OF ASPHALT REJUVENATING AGENT ON VARIOUS STREET LOCATIONS IN ORLANDO,FLORIDA IFB NO: IFB15-0224 (IFB NUMBER MUST BE PLACED ON FRONT OF ENVELOPE) THIS IS NOT AN ORDER DIRECT ALL INQUIRIES TO: Teddi McCorkle,Senior Contract Administrator Phone: (407)246-2332 Email: TeamC@cityoforlando.net BUSINESS NAME & ADDRESS Pavement Technology, Inc. Business Name 24144 Detroit Road Address Westlake, Ohio 44145 City, State, Zip John J. Schlegel ( 440) 892-1895 Contact Person/Telephone Number It is the intent and purpose of the City of Orlando that this Invitation for Bids promotes competitive bidding. It shall be the bidder's responsibility to advise the City's Procurement and Contracts Division at the address noted herein, if any language, requirements, etc. or any combination thereof, inadvertently restricts or limits the requirements stated in this Invitation for Bids to a single source. Such notification must be submitted in writing and must be received by the Procurement and Contracts Division not later than ten (10) days prior to the bid closing date. Rev:Services-01/13/15 -01 • ikl • ',%1)‘1* • s. .:.._...sem. ' TABLE OF CONTENTS: PAGE INSTRUCTIONS FOR SUBMITTING BID 3 SUBMITTAL REQUIREMENT CHECK LIST 6 SEALED BID ENVELOPE LABEL 7 INVITATON FOR BIDS AWARD INFORMATION 8 NON-MANDATORY PRE-BID CONFERENCE 9 NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE NOTIFICATION 10 SPECIFICATIONS 11 SPECIAL CONDITION CLAUSES 18 GENERAL CONDITIONS 21 STANDARD TERMS AND CONDITIONS 24 FORMS AND SUBMITTAL DOCUMENTS: SOLICITATION COVER PAGE 1 BID PRICE FORM(S) 44 BIDDER'S CERTIFICATION 45 CONTRACT AND ACCEPTANCE FORM 46 BIDDERS QUESTIONNAIRE 47 WRITTEN QUESTION(S) FORM 49 MINORITY/WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION FORM 50 VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM 51 ADDENDUM ACKNOWLEDGMENT FORM 52 NO-BID RESPONSE FORM 53 EXHIBITS DAVIS BACON WAGE TABLE 54 Procurement and Contracts Division Page: 2 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida INVITATION FOR BIDS The City of Orlando, Florida,will receive sealed bids through the Procurement and Contracts Division,4th Floor, City Hall, 400 S. Orange Avenue, Orlando, Florida 32801, for IFB15-0224 Application of Asphalt Rejuvenating Agent on Various Street Locations in Orlando, Florida, until 2:00 p.m., local time, on April 15, 2015, at which time bids will be opened and publicly read in the Procurement and Contracts Division. The term contract resulting from this solicitation will provide for the demolition of residential and commercial structures. Plans, Specifications& Contract Documents will be open to public inspection after 2:00 p.m. on Monday, March 16,2015, at the Procurement and Contracts Division, 4th Floor,City Hall (phone#407-246-2291). Plans, Specifications & Contract Documents may be obtained from the City's eSupplier website at the following web link: https://esupplier.cityoforlando.net/vendor/common/default.aspx. Bids must be accompanied by a bid bond, certified check or cashier's check made out to the City of Orlando,or other security as provided by law,in an amount not less than 10%of the total base bid. A Pre-Bid Conference will be held on March 26, 2015, at 9:00 a.m., local time, in the Procurement and Contracts Division on the 4th Floor of City Hall. Refer to the solicitation for more information on the bidding process. All questions about this solicitation must be submitted and in writing and received by the Procurement and Contracts Division before 12:00 p.m., local time, on Monday, April 6, 2015. Answers will be issued in the form of an Addendum to the solicitation. Living Wage CONTRACTOR is required to pay its workers, as well as its subcontractors providing services pursuant to a contract with the CITY, a living wage for the time spent providing services to the CITY. (This provision does not include general administrative personnel unless they are assigned to a CITY project.) "Living wage" means compensation for employment of not less than $8.50 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. This provision shall apply to all bid and proposal awards for services which involve CITY expenditures that exceed $100,000.00 per year. Responsible Contractor's Policy For contracts with an estimated value of at least $100,000, the CONTRACTOR will be required to comply with the City of Orlando's Responsible Contractor's Policy, which requires that CONTRACTOR pay its workers and require its Subcontractors to pay their workers on this Project an hourly wage, based on classification for the Orlando region established by the Davis-Bacon Act (hereinafter "hourly wage"). The Wage Determination for this Project can be found at www.wdol.gov/. The applicable county is Orange County, and the construction type is Building - General Decision Number: FL150030 02/06/2015 FL30. Procurement and Contracts Division Page: 3 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida Performance and Payment Bond A performance and payment bond is not required for the total contract amount of this Bid. A performance and payment bond will be required if any specific job is estimated to cost more than Two Hundred Thousand Dollars($200,000.00), in accordance with Florida Statues Section 255.05. The City reserves the right to waive the bond requirement at any time for any specific job of$200,000.00 or less. However, at the City's discretion, there may be times that a bond will be required for jobs of $200,000.00 or less. When a Payment and Performance Bond is required for a specific job, such bond shall be acquired and delivered to the City within fifteen(15) days of notice from the City that a bond is required. Upon notice from the City that a bond is required no further work under the contract shall be undertaken until such time as a bond in conformance with this Section has been delivered to the City. If required, all bonds shall be in accordance with statutory bond provisions in Florida Statutes and all other applicable laws. All bonds shall be executed by such sureties as are licensed to conduct business in the state of Florida and, except as otherwise provided by applicable laws and regulations, are named in the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of its authority to act. Procurement and Contracts Division Page: 4 tApplication of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida INSTRUCTIONS FOR SUBMITTING BID IN RESPONSE TO INVITATON FOR BIDS FOR THE IFB15-0224,APPLICATION OF ASPHALT REJUVENATING AGENT ON VARIOUS STREET LOCATIONS IN ORLANDO,FLORIDA PREPARATION OF BIDS: 1. Bidders are expected to examine this bid form, attached drawings, specifications, if any, and all instructions. Failure to do so will be at the bidder's risk. 2. All prices and notations must be in ink or typewritten. No erasure permitted. Mistakes may be crossed out and corrections typed adjacent and must be initialed and dated in ink by the person signing the bid. All bids must be signed by the bidder and by a responsible officer or employee. Obligations assumed by such signature must be fulfilled. 3. Each bidder shall furnish the information required on the bid form and each accompanying sheet thereof on which he/she makes an entry. 4. Unit prices for each unit bid shall be shown. A total shall be entered in the amount column for each item bid. In case of discrepancy between a unit price and extended price, the unit prices will be presumed to be correct. 5. Although the City generally awards bids based on a "lump sum" basis to the responsive and responsible bidder submitting the lowest total bid, the City may choose to award on a "per group" or"per item" basis. Therefore, bidders must submit with their bids, all pricing pages on the forms provided clearly indicating which items are bid and which are not. Failure to submit these pages will render such bid non-responsive. Procurement and Contracts Division Page: 5 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida SUBMITTAL CHECK LIST: V' Bidders should use the following bid check list of standard forms which are to be completed and returned as part of your bid submittal. Failure to complete and return required forms may result in your bid being non-responsive and not considered for award. Return one(1) original and one (1)copy of bid submittal. Additional forms/items may be required to be submitted under the terms of this Invitation for Bids which are not listed below;therefore, it is the bidder's responsibility to read and understand the provisions of this Invitation for Bids. ✓ Solicitation Cover Page. Invitation for Bids Price Form(s) (Unit Price and Total Price Columns completed). ✓ Bidder's Certification, signed and notarized. ✓ Bidder's Questionnaire. Contract and Acceptance Form. Minority/Women Owned Business Enterprise Participation Form. ✓ Veteran Business Enterprise Participation Form ✓ Addendum Acknowledgment Form: It is the bidder's responsibility to contact the City's Procurement and Contracts Division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the bid. If you have downloaded this bid from the Internet,please ensure that you also download all such addenda. (If applicable) Special Items: ✓ 1. Bid Security(10%) 2. 3. NOTE: Certificate of Insurance: Within seven (7) days of a notification of intended award, the Contractor shall provide the City with the required Certificate(s) of Insurance in a form(s) acceptable to the City. Written Question(s) Form: Written questions must be received at least ten (10) days prior to the solicitation due date. Procurement and Contracts Division Page: 6 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando, Florida SEALED BID ENVELOPE LABEL: Complete the label below with all appropriate information and affix it to the outside of the envelope containing your submittal. This will assist in the proper processing of the submittal and avoid revealing the contents of that envelope until the official solicitation opening time and date. SEALED BID ENCLOSED ' (To be opened by Procurement official noted below) Respondent's Name: Pavement TEchnology. Respondent's Address: 24144 Detroit Road Westlake, Ohio 44145 Respondent's Telephone Number: ( 440 ) 892-1895 City of Orlando Procurement and Contracts Division Attention: David Billingsley, CPSM, C.P.M. Chief Procurement Officer C/O Purchasing Agent: Teddi McCorkle, C.P.M, CPPB 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 Solicitation No.: IFB15-0224 Solicitation Title: Application of Asphalt Rejuvenating Agent on Various Street Locations in Orlando, Florida LSolicitation Due Date & Time:April 15, 2015, 2:00 P.M.,Local Time,City of Orlando,FL • Procurement and Contracts Division Page:7 INVITATON FOR BIDS AWARD INFORMATION: The City's Procurement and Contracts Division is the official source to obtain information relating to City of Orlando solicitations. It is incumbent on the Bidder to obtain current bid and award information prior to and after the scheduled opening date of a solicitation. Information is updated daily as it becomes available. An award, or recommendation of award, may be made at any time after the scheduled opening date of a solicitation. You may obtain award and other solicitation information in a variety of ways: 1. Bid documents are available for download from the eSupplier website: You may access solicitation information by visiting the City's eSupplier website by copying the following link in your web browser: https://esupplier.cityoforlando.net/vendor/common/default.aspx 2. You may also visit the Procurement and Contracts Division to obtain award information, solicitation packages, addendums,and other documents. Our office is located at: City of Orlando Procurement and Contracts Division 400 South Orange Avenue,Fourth Floor Orlando,Florida 32801 3. You may also call the Procurement and Contracts Division at (407) 246-2291, during normal business hours, to request a solicitation and other related information. Please remember, email notification is provided as a courtesy to our vendors, but it is the vendor's responsibility to check with the City of Orlando's website at: https://esupplier.cityoforlando.net/vendor/common/default.aspx for current bid, and other information. We appreciate your interest in doing business with the City Beautiful and wish you much success with your business ventures. Procurement and Contracts Division Page: 8 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando, Florida NON-MANDATORY PRE-BID CONFERENCE: All prospective bidders are invited to attend a Non-Mandatory Pre-Bid Conference at: City of Orlando Procurement and Contracts Division 400 South Orange Avenue,Fourth Floor Orlando, Florida 32801 On March 26,2015, at 9:00 a.m., Local Time, City of Orlando,FL The purpose of the Pre-Bid Conference is to provide and solicit information relative to the scope, purpose, nature and extent of the work, and any local conditions, which may affect the work and its performance. Submission of a bid shall constitute an acknowledgment by the bidder that it has thoroughly examined and is familiar with the INVITATON FOR BIDS. The failure or neglect of a bidder to examine the INVITATON FOR BIDS shall in no way relieve the bidder of any obligations with respect to either its bid or the INVITATON FOR BIDS. No claim for additional compensation will be allowed which is based upon a lack of knowledge of the INVITATON FOR BIDS. Procurement and Contracts Division Page: 9 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida NON-MANDATORY PRE-BID CONFERENCE ATTENDANCE NOTIFICATION: A Non-Mandatory Pre-Bid Conference will be held City of Orlando, Procurement and Contracts Division, 400 S. Orange Avenue, 4th Floor, Orlando, FL 32802 on March 26, 2015, at 9:00 a.m., Local Time,City of Orlando,FL. Please return this form by: Monday,March 23, 2015. City of Orlando Procurement and Contracts Division 400 South Orange Avenue,Fourth Floor Orlando, Florida 32801 Telephone: (407)246-2291 Fax. (407)246-2869 PLEASE CHECK: We plan to attend Name of Representatives who will attend 1. 2. 3. A list of questions or statements for discussion at the Pre-Bid Conference is attached. (Please use "WRITTEN QUESTION(S) FORM" as indicated in the Table of Contents). We do not plan to attend,but will be submitting a response. We do not plan to attend and will not be submitting a response because: Signature Title Name of Company Date Procurement and Contracts Division Page: 10 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida SPECIFICATIONS FOR IFB15-0224,APPLICATION OF ASPHALT REJUVENATING AGENT AT VARIOUS STREET LOCATIONS IN ORLANDO,FLORIDA PART I GENERAL 1.0 Scope Of Work: The Contractor shall furnish all labor, material, and equipment necessary to perform all operations for the application of an asphalt-rejuvenating agent to asphaltic concrete surfaces at various locations throughout the City of Orlando. The list of street names and concrete surfaces selected for application will be provided by the City coordinator after the bid award. The rejuvenation of surface courses shall be by spray application of a 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 specifications conditions of this contract. 1.1 Qualifications: 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. Bidder must submit with their bid a list of five projects on which they applied said rejuvenator. Bidder shall indicate the project dates,number of square yards treated in each and the name and phone number of the person 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. 1.2 Submittals with Bid: The bidder must submit with their bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with their bid previous use documentation and test data conclusively demonstrating that; 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 the in asphalt binder viscosity and penetration number. Testing data shall be submitted indicating such product performance on a sufficient number of projects, each being tested for a minimum period of three years to insure reasonable longevity of the treatment, as well as product consistency. 1.3 Warranty: • The Contractor shall provide workmanship and labor warranty for a period of at least 12 month from the date of application. The material warranty shall be as offered by the manufacturer. Procurement and Contracts Division Page: 11 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida PART II PRODUCT 2.1 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 their bid a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt rejuvenating emulsion conforms to the required physical and chemical requirements. Tests Test Method AASHTO min. Requirements ASTM min. max Tests on Emulsion: Viscosity @ 25°C, SFS D-244 T-59 15 40 Residue, %W D-244 mod. T-59 mod 60 65 Miscibility Test D-244 mod. T-59 mod No coagulation Sieve Test, %W D-244 mod. T-59 mod - 0.1 Particle Charge Test D-244 T-59 Positive Percent Light D-244 mod. T-59 mod Transmittance GB GB - 30 Tests on Residue from Distillation: Flash Point, COC 0 deg 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/S Ratio D-2006-70 0.5 - Saturated Hydrocarbons D-2006-70 - 21 28 NOTES: 1) For Residue, 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) For Miscibility Test, the test procedure is identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solutions shall be used in place of distilled water. 3) For Sieve Test, the test procedure is identical with ASTM D-244 except that distilled water shall be used in place of two percent sodium oleate solution. Procurement and Contracts Division Page: 12 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 2.2 Material Performance: The rejuvenating agent shall have a record of at least five years of satisfactory service as asphalt rejuvenating agent and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity and increase the penetration value of the asphalt binder as follows. The viscosity shall be reduced by a minimum of 45 percent and the penetration value shall be increased by a minimum of 25 percent. Test data shall be performed on extracted asphalt cement from a pavement to a depth of three eighths of an inch (3/8"). In addition, the pavement shall be in-depth sealed to the intrusion of air and water. 2.3 Acceptable Material: RECLN4ITE®, manufactured by Golden Bear Oil Specialties, is a product of known quality and accepted performance. Contractor may use another product that has been proven to be functionally equivalent. The onus of this proof is on the Contractor; the City Engineer's decision in this regard is final. 2.4 Product Standards and Alternates: The product "Reclamite"® for the asphalt rejuvenating agent as manufactured by Golden Bear Oil Specialties 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 required information with their 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 city's requirements for the standard item for which the alternate is offered. (c) Submit a current Material Safety Data Sheet for the alternate materials. The alternate will be given consideration by the City. The Contractor may furnish only those alternate items included in his proposal and approved by the City prior to award of a contract. (d) If no ALTERNATE is indicated on the BID SHEET, the Contractor shall furnish the STANDARD (brand) specified in the attached specifications. (e) Should the ALTERNATE offered be found unacceptable by the City 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. Procurement and Contracts Division Page: 13 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 2.5 Applicating Equipment: A. 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 0.05 to 0.5 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5 percent of the specified rate. B. 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. C. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the Engineer. D. The truck used for sanding shall be equipped with a spreader that allows the sand to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of sand per square yard in a single pass. The spreader shall be adjustable so as not to broadcast sand onto driveways or tree lawns. E. The sand to be used shall be free flowing, without any leaves, dirt, stones, etc. Any wet sand shall be rejected from the job site. PART III EXECUTION 3.1 Application Temperature and 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. 3.2 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 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, which 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. Procurement and Contracts Division Page: 14 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 3.3 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. 3.4 Application of Rejuvenating Agent: A. 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. B. 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 of the pavement shall be treated in both application passes of the distributor truck. C. 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. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.05 to 0.10 gallons per square yard, or as approved by the Engineer following field-testing. D. 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 approval is granted for additional applications by the Engineer. E. 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. F. After the street has been treated, the area within one foot of the curb line on both sides of the road shall receive an additional treatment of the asphalt rejuvenating emulsion. Said treatment shall be uniformly applied by a method acceptable to the Engineer. G. After the rejuvenating emulsion has penetrated, a coating of dry sand shall be applied to the surface in sufficient amount to protect the traveling public as required by the Engineer. Procurement and Contracts Division Page: 15 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida H. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt rejuvenating agent. When 3.5 Street Sweeping: A. 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. B. All sand used during the treatment must be removed no later than 48 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. C. If, after sand is swept and in the opinion of the Engineer a hazardous condition exists on the roadway, the contractor must apply additional sand and sweep same no later than 24 hours following reapplication. No additional compensation will be allowed for re- applications and removal of sand. 3.6 Traffic Control: A. The Contractor shall schedule their 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. B. 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. C. 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. D. 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. 3.7 Method of Measurement: Asphalt rejuvenating agent will be measured by the square yard as provided for in the Contract Documents. Procurement and Contracts Division Page: 16 SIL. ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 3.8 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 Procurement and Contracts Division Page: 17 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida SPECIAL CONDITION CLAUSES Bid Security: Bid Security shall be made payable to City, in an amount equal to ten percent of the bidder's Total Base Bid in the form of a certified check, cashier's check, or a Bid Bond issued by a Surety that is licensed to conduct business in the State of Florida and has at least an "A-" rating in accordance with the most current A.M. Best Company financial strength rating. The Bid Security of the low bidder shall be retained until such time as the City has executed and provided the awarded bidder with the Contract and Acceptance Form, and the bidder has furnished the required contract security, any insurance certificates and endorsements, whereupon it will be returned. If the low bidder fails to comply with the solicitation requirements, or to furnish any required contract security or required insurance certificates and endorsements, within seven (7) days of the notification of intended award, the City may cancel the intended award and the Bid Security of that bidder may be forfeited up to the difference between the total bid of the forfeited bidder and the next lowest bidder. The Bid Security of all other bidders may be retained until the earlier of thirty (30) days after execution of the Contract and Acceptance Form or ninety (90)days after bid opening,whichever occurs first. Bid Specifications: Specifications referenced throughout this solicitation refer to the products listed on the Bid Price Form, page 44. See Standard Terms and Conditions, Specifications, Item 8, page 24, regarding the approval process for equivalent equipment or materials. Payment of Subcontractors Final and complete payment will be made on the basis of completion and acceptance by the City of the work performed under the contract and receipt of satisfactory evidence that all payrolls, bills for materials,have been paid in full. Payments of subcontractors shall be made in compliance with §218.735 (6) et sq. Florida Statutes. The existence of any unpaid bills or charges for labor, materials or other supplies used directly by the Contractor or any subcontractor under the contract, shall constitute cause for the City to withhold final payment until said bills or charges are paid. Periodic and Final Cleaning The Contractor shall: A. Schedule periodic cleaning to keep the worksite and adjacent properties free from accumulations of waste materials,rubbish, and windblown debris resulting from construction operations; B. Provide on-site container for the collection of waste materials, debris, and rubbish; C. Dispose of waste materials, debris, and rubbish from the Owner's property; D. Upon completion of work in each area, provide final cleaning and otherwise return space to a condition suitable for use by the City; E. Conduct cleaning and disposal operations to comply with City codes, ordinances, regulations, and environmental laws. Procurement and Contracts Division Page: 18 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida Performance Bond and Payment Bond In accordance with Florida Section 255.05(1)(a), Florida Statutes, a Performance and Payment Bond is required of anyone entering into a formal contract with the City for the construction or repair of a building or public works project. The City reserves the right to waive the requirement at any time for any contract of$200,000.00 or less. Accordingly, if the amount bid by the awarded bidder exceeds $200,000.00, a Payment and Performance Bond will be required in the amount of the awarded bidder's bid or in such other amount as may be directed by the City in writing within fifteen (15) days of the award of any contract resulting from this solicitation. No work shall be done prior to the delivery of a Payment and Performance Bond meeting the requirements of this Section to the City. In the event that the awarded bid amount is less than$200,000.00, a Payment and Performance Bond will be required thereafter in such amount as determined by the City if at any time, for any reason, including but not be limited to increased quantities or usage or extension or renewal, the value of the contract exceeds (or may reasonably be expected to exceed) $200,000.00 as determined by the City. Such bond shall be acquired and delivered to the City within fifteen (15) days of notice from the City that a bond is required. Upon notice from the City that a bond is required no further work under the contract shall be undertaken until such time as a bond in conformance with this Section has been delivered to the City. The Contractor shall include the cost of any bonds required hereunder in their bid. If bonds are required hereunder and the term of the contract between the City and the Contractor is extended or renewed, Contractor shall provide a new or amended bond to reflect the new or extended period and increased value of the contract within fifteen (15) days of extension or renewal. The failure by Contractor to submit any conforming bond when required by this Section shall constitute grounds for termination of the contract by the City. All Payment and Performance Bonds shall be recorded by the City with the Clerk of the Circuit Court of the county where the work is located. These bonds shall remain in effect at least until one (1) year after the date of substantial completion of the entire work assigned to Contractor under the contract, except as otherwise provided by applicable laws or regulations. All bonds shall be in accordance with statutory bond provisions in Florida Statutes and all other applicable laws. All bonds shall be executed by such sureties as are licensed to conduct business in the state of Florida and, except as otherwise provided by applicable laws and regulations, are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of its authority to act. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its license to do business in the state of Florida is terminated or it ceases to meet the requirements of this Section, Contractor shall within five (5) days thereafter substitute another bond and surety, both of which shall be in accordance with these requirements and acceptable to City. In addition to the other bonding requirements, the surety (ies) named on the Performance Bond and Payment Bond submitted by Contractor shall be subject to the approval of City. If City has a reasonable objection to the proposed Surety, City may require Contractor to submit an acceptable substitute. Procurement and Contracts Division Page: 19 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida Quantities The quantities for the items listed in this solicitation are estimated annual quantities for bid evaluation purposes only and should not be construed as representing actual quantities to be purchased. Moreover, it is understood by all bidders that the City is not obligated to purchase any minimum or maximum amount during the life of a contract resulting from this solicitation. Favored Customer Clause: Should the awarded bidder (also referred to hereinafter as "Contractor"), of a contract resulting from this solicitation sell the same or substantially the same products or services as listed in this solicitation to another Governmental Agency, within the State of Florida, at a lower price than the price listed in this solicitation,the awarded vendor agrees to extend that same discounted price to the City of Orlando. Procurement and Contracts Division Page: 20 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando, Florida GENERAL CONDITIONS Bidder should read and follow the following instructions. 1. EXECUTION OF BID: Bid must contain a manual_signature of an authorized representative in the space provided on the Bidder's Certification Form. 2. SEALED BIDS: All bids must be submitted in a sealed envelope. The face of the envelope shall contain the date and time of the bid opening and the bid number. Bids not submitted on the City's bid forms may be rejected. All bids are subject to the conditions specified herein and on any attached sheets,specifications,standard terms and conditions and special conditions. 3. NO BID FORM: In the event you elect not to bid this requirement,respond by returning this form,marking it"NO BID"and the reason therefor. NOTE: To qualify as a respondent,bidder must submit a"BID"or"NO BID"and it must be received no later than the stated bid opening date and time. 4. BID OPENING: Shall be public,on the date and at the time specified on the bid form,with the total bid amount being read aloud. It is the bidders responsibility to assure that their bid is delivered at the proper time and place of the bid opening. Bids which for any reason are not so delivered,will not be returned but will be retained in the"BID FILE"unopened. Telephone or telegraphic bids cannot be accepted. 5. PRICES,TERMS, and PAYMENT: All prices must be firm for the delivery schedule quoted herein. Bids stipulating "Price in effect at time of shipment"or other similar conditions will be considered not responsive to the bid invitation and will not be accepted. All prices shall be quoted F.O.B. delivered to any City of Orlando Department unless otherwise stipulated in the bid invitation. Bidder is requested to offer cash discount for prompt invoice payment. It is the policy of the City of Orlando to make payments of invoices in time to earn any offered cash discounts. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the Accounts Payable Office,whichever is later. a) TAXES: The City of Orlando does not pay Federal excise and State sales taxes. Our tax exemption number is 85-8015427957C-9 and is also stipulated on all our Purchase Orders. b) POLITICAL SUBDIVISIONS: Under Florida Law,prices contained in State Contracts shall be available to the City of Orlando,who might wish to purchase under a State Purchase Contract. The City of Orlando therefore reserves the right to purchase any commodities from a State Purchase Contract if in the best interest of the City. c) MISTAKES: Bidders are expected to examine the specifications,delivery schedules,bid prices,and all instructions pertaining to supplies and services. Failure to do so will be a bidder's risk. d) CONDITION and PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new(current production model at the time of this bid). All containers shall be suitable for storage or shipment,and all prices shall include standard commercial packaging. e) SAFETY STANDARDS: Unless otherwise stipulated in the bid,all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder. f) MARKING: Each individual container shall be marked with the brand name of the product, quantity and the name and address of the manufacturer. Each shipping container shall include the name of the vendor and must also clearly indicate the City of Orlando Purchase Order Number. g) INVOICING and PAYMENT: The supplier shall be paid in accordance with Florida Statutes,upon submission of invoices to: The Accounts Payable Section,City of Orlando,400 South Orange Avenue,Orlando,Florida 32801. Invoices are to be billed at the prices stipulated on the purchase order and as outlined in this bid. All invoices must show the City of Orlando Purchase Order Number. 6. CONFLICT OF INTEREST: The award hereunder is subject to Chapter 112,Florida Statutes. All bidders must disclose with their bid the name of any officer,director,or agent who is also an employee of the City of Orlando. Further,all bidders must disclose the name of any City of Orlando employee who owns,directly or indirectly,an interest of ten percent(10%)or more of the bidders firm or any of its branches. 7. AWARDS: As the best interest of the City of Orlando may require,the right is reserved to make award(s)by individual items,group of items,all or none,or a combination thereof,with one or more suppliers;to reject any all bids or waive any informality or technicality in bids received. 8. INSPECTION,ACCEPTANCE,and TITLE: Inspection and acceptance will be at destination unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the shipper(vendor) until accepted by the using department of the City of Orlando, unless loss of damage results from negligence by the City of Orlando or its Departments. 9. DISPUTES: In case of any doubt or differences of opinion as to the items to be furnished hereunder, the decision of the City of Orlando's Chief Procurement Officer shall be final and binding on both parties. All disputes between the parties shall be resolved in accordance with the City Procurement Code,(Chapter 7 of the City Code). 10. LEGAL REQUIREMENTS: Federal, State, County and local laws,ordinances,rules and regulations that in any manner affect the item(s)covered herein apply. Lack of knowledge by the bidder will in no way be cause for relief from responsibility. 11. LIABILITY: The vendor shall hold and save the City of Orlando, its officers, agents and employees harmless from liability of any kind in the performance of or fulfilling the requirements of the purchase order or contract which may result from this bid. NOTE: ANY AND ALL STANDARD OR SPECIAL CONDITIONS ATTACHED HERETO WHICH VARY FROM THESE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. Procurement and Contracts Division Page: 21 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida STANDARD TERMS AND CONDITIONS 1. RECEIPT OF BIDS: a. Sealed bids, one (1) original and one (1) copy, shall be submitted to the Procurement and Contracts Division prior to the date and time specified herein. Bids will not be accepted after the designated time and date. It is solely the responsibility of the bidder to ensure timely delivery of their bid submittal. b. Each bid shall be submitted in a sealed envelope and marked with the bid number, title of the bid,and bid opening date and time. c. If submitted by mail,the bid submittal shall be enclosed in a sealed envelope addressed to the City's Chief Procurement Officer (CPO), at the address listed below. Bids submitted by mail must be received in the office of the Procurement and Contracts Division by the time specified herein for the opening thereof. Please be advised that United States Postal Service (USPS) Express and Priority service classes, are delivered to the City once daily. Accordingly, in order for a submission to be received by the office of the Procurement and Contracts Division when the services of the USPS are used, a proposer or bidder is responsible for ensuring that their submittal is transmitted in such manner as necessary for the USPS to receive, sort, and deliver to the City by the submittal due date and time. The City only collects other USPS mail one (1) time per day upon opening of the local Post Office branch, which is then sorted by the City for delivery to the Procurement and Contracts Division and other City departments. Submissions arriving at the USPS after the initial pick- up by the City will be placed in the City's call-box for pick-up and will not be delivered to or received by the Procurement and Contracts Division until the next business day. When using the USPS or any other mail delivery services, it is the sole responsibility of the bidder to ensure that bids or proposals are received in the office of the Procurement and Contracts Division by the due date and time. The City shall not be responsible for delays caused by any occurrence. d. All bids shall be mailed or delivered to the office of the Procurement and Contracts Division at the address listed below. Sealed bids are to be addressed as follows: City of Orlando Procurement and Contracts Division Attention: David Billingsley, CPSM, C.P.M. Chief Procurement Officer C/O Purchasing Agent: Teddi McCorkle 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 Procurement and Contracts Division Page: 22 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 2. COMMUNICATIONS; QUESTIONS REGARDING SPECIFICATIONS OR BIDDING PROCESS: a. To protect the integrity of the solicitation process and ensure fair consideration of all respondents, a prohibited communication period is hereby established commencing as of the time of the issuance of this solicitation and terminating upon execution of a contract (or, if the solicitation is cancelled, upon cancellation of the solicitation). Except for communication with the City's designated point of contact set forth in this solicitation or as otherwise authorized by the City's Chief Procurement Officer, during the prohibited communication period, the City prohibits communication regarding the solicitation by a respondent or potential respondent (or on a respondent or potential respondent's behalf) to or with any officer, elected official (including the Mayor and City Council), department, division, office, or employee of the City, or any other person or entity providing advice to the City related to this solicitation. During the prohibited communication period, all contacts and communications regarding the solicitation by a respondent, or potential respondent, including their agents, representatives and others on their behalf, shall be directed to the City's Procurement and Contract Services Division in the manner provided below in this solicitation, unless otherwise authorized by the City's Chief Procurement Officer. Prohibited contact or communications during the prohibited communication period may result in disqualification from the solicitation process, rejection of the solicitation, or termination of any resulting contract as determined by the Chief Procurement Officer. In addition, prohibited contact or communications may also be grounds for suspension and debarment of a respondent or potential respondent under the City's Procurement Code. b. Any questions by a bidder relative to the interpretation of specifications or the bid process shall be addressed in writing as indicated below. In order to be answered prior to the submittal deadline, questions must be received by the Procurement and Contracts Division ten (10) days prior to the date set for the receipt of bids. Please see the "Written Question(s) Form" under Forms and Submittals Section of this solicitation. Any interpretation made to prospective bidders with respect to questions submitted prior to the cut-off date for questions to be answered prior to the submittal deadline will be expressed in the form of an Addendum to the specifications which, if issued, will be conveyed to all prospective bidders no later than five(5) days before the date set for receipt of bids. Oral answers will not be authoritative. c. It will be the responsibility of the bidder to contact the Procurement and Contracts Division prior to submitting a bid to ascertain if any addenda have been issued, to obtain all such addenda, and return executed addenda with the bid. d. All communication and contact regarding this solicitation shall be directed to the Purchasing Agent referenced on the cover page of this Invitation for Bids: Teddi McCorkle, Senior Contract Administrator City of Orlando Procurement and Contracts Division City Hall at One City Commons 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 (407)246-2291 Fax (407) 246-2869 Website: http://www.cityoforlando.net/procurement/ Procurement and Contracts Division Page:23 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 3. TERM OF THE CONTRACT: The term of the contract resulting from the solicitation, shall be for an initial twelve (12) month period. The contract may, by mutual assent of the parties, be extended for four (4) additional twelve (12)month periods or portions thereof, up to a cumulative total of sixty(60)months. 4. BIDDER'S CERTIFICATION FORM: Each bidder shall complete the "Bidder's Certification Form" included with this Invitation for Bids. The form must be acknowledged before a Notary Public with notary seal affixed on the document. The failure of a bidder to include this document with their bid submittal will be cause for rejection of the bid. 5. SUBMITTAL OF BIDS: Bids shall be submitted utilizing the bid form(s) provided herein. All bids shall be properly executed with all blank spaces filled in. The signatures of all persons signing shall be in longhand. Erasures, interlineations, or other corrections shall be authenticated by affixing in the margin immediately opposite the correction the initials of a person signing the bid. If the unit price and the total amount provided by a bidder for any item are not in agreement, the unit price alone shall be considered as representing the bidder's intention, and the totals shall be corrected to conform thereto. 6. BID INFORMATION: It is incumbent on the bidder to check the City of Orlando's website at https://esupplier.cityoforlando.net/vendor/common/default.aspx or contact the Procurement and Contracts Division for current bid and award information,prior to and after the scheduled opening date of a solicitation, in accordance with the instructions provided herein, in section entitled, "Invitation for Bids Award Information". 7. EXCEPTIONS TO TERMS AND CONDITIONS: When completing your bid, do not attach any forms which may contain terms and conditions that conflict with those listed in the City's bid document(s). Inclusion of additional terms and conditions, such as those which may be on your company's standard forms, may result in your bid being declared non-responsive. 8. SPECIFICATIONS: a. The Specifications shown in the Invitation for Bids are intended to represent items of a quality level known to meet City's requirements. While the City endeavors to promulgate written Specifications that are accurate and nonrestrictive for bidding purposes, they may also reference an item by manufacturer's name and model number. Bidders are cautioned that in the event of a discrepancy therein, such difference must be timely questioned in writing. Any written question must be received by the Procurement and Contracts Division at the address on the cover of this solicitation no later than ten(10) days prior to the bid opening. Procurement and Contracts Division Page: 24 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida b. If any proprietary, trade, brand, or manufacturers' name or part number is used herein in describing the required equipment or materials, it shall be understood to indicate the minimum standard of composition and quality desired, and shall not be construed to exclude equipment or goods that equals or exceeds the functional capability and quality of the named equipment. The City, in its sole discretion, shall determine whether equipment or goods are equivalent in capability and quality. Bidders are strongly encouraged to submit equivalent equipment or materials for consideration during the question and answer period. If equivalent equipment or materials is proposed, indicate the manufacturer's name and model number for the equipment and include any literature or other explanation of the equipment's quality or performance with your bid. c. The equipment bid herein shall be new and shall be of the current production model. If applicable, detailed equipment specifications for make and model offered shall be provided with bid. d. Bidders may be required, at no expense or liability to the City, to make available for test/demonstration, equipment equal in all aspects to the equipment bid, and/or equal equipment that may be seen under operating conditions in the Central Florida area. 9. SILENCE OF SPECIFICATIONS: The apparent silence of these specifications or any supplemental specifications as to details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size, and design are to be used. All workmanship shall be first quality. All interpretations of specifications shall be made upon the basis of this statement. 10. DISCOUNTS: Bidders may offer a cash discount for prompt payment; however, such discounts shall not be considered in determining the lowest net cost for bid evaluation purposes. Discounts will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. 11. ALTERATIONS/CHANGES TO BID PRICE FORM(S): Bidder shall not change or otherwise alter the quantity or unit designations on the Bid Price Form(s). The unit price bid and total extensions must correspond to these designations. Each line item will be extended as indicated(quantity x unit price). The unit price shall prevail. 12. ADDENDA: It is the bidder's responsibility to contact the Procurement and Contracts Division prior to submitting a Bid to ascertain if any Addenda have been issued, to obtain all such Addenda, and return executed Addenda with the Bid. If you have downloaded this Bid from the Internet, please ensure that you also download all such Addenda. The failure of a bidder to submit acknowledgment of any Addenda that affects the bid price(s), is considered a major irregularity and will be cause for rejection of the Bid. Procurement and Contracts Division Page:25 .Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 13. "NO BID" RESPONSE FORM: In the event you elect not to bid on this requirement,please complete and return the "No Bid" form included in this solicitation. 14. OPENING OF BIDS: Sealed bids will be received in the Procurement and Contracts Division until the due date and time as specified in this Invitation for Bids. Bids will be opened and the total bid amount shall be publicly read aloud immediately following the published due date and time. No responsibility will attach to the City for the premature opening of a bid not properly addressed and identified. Bidders or their authorized agents are invited to be present at the bid opening. 15. BIDDER QUALIFICATION: Bids will be considered from firms who have adequate personnel and equipment and who are so situated as to perform prompt service. The City reserves the right to request information or conduct an inspection of the bidder's facility and equipment prior to the award of the contract. Bids will be considered only from firms which are regularly engaged in the business as described in this bid package; with a record of performance for a reasonable period of time, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded a contract under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practice in the industry and as determined by the City. Failure to comply with the established deadline for submittal of required documents may be grounds for disqualification. 16. INSPECTION OF PUBLIC RECORDS: Bidders may request copies of the solicitation records in person or by written request to the City Records and Archive Management Services located at 400 South Orange Avenue, 2nd Floor, Orlando, Florida, 32801 or by calling (407) 246- 2148. You may also email your request to records@cityoforlando.net. Pursuant to Florida State Statute Chapter 119.07, sealed bids are exempt from public inspection until such time as the City provides Notice of Intended Action or until thirty(30) days after bid opening, whichever is earlier. 17. IRREGULAR BIDS: Bids made on other than the documents furnished by the Procurement and Contracts Division may not be considered. Changes in phraseology, additions, or limiting provisions made on the Invitation for Bids may render the bid irregular and may cause rejection. The City's Chief Procurement Officer, however shall have the authority to waive minor irregularities. Procurement and Contracts Division Page: 26 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 18. UNBALANCED BIDS: At determined by the City's Chief Procurement Officer in the CPO's discretion, the City may consider a solicitation response irregular and reject it if any of the prices are excessively unbalanced (either above or below the amount of a reasonable response) to the potential detriment of the City. The City further reserves the right to require backup documentation from the respondent if, in the Chief Procurement Officer's opinion, the prices are, or appear to be, excessively unbalanced. 19. WITHDRAWAL OF BIDS: After bid opening, no changes in bid prices or other provisions shall be permitted. Bidders may withdraw or correct a bid prior to the stipulated date and time for the opening of bids upon a written request to the City's Chief Procurement Officer. 20. EVALUATION OF BID AWARD: The City reserves the right to award the bid to the responsive and responsible bidder who submits the lowest bid meeting specifications. For purposes of this solicitation, the determination of the responsive and responsible bidder submitting the lowest bid shall be made after the application of all applicable programs and preferences established by the City, including but not limited to the City's MBE/WBE program and VBE preference. In determining whether a bidder is responsible, the City reserves the right to consider matters such as, but not be limited to, quality offered, delivery terms, and service reputation of the bidder. 21. AWARD OR REJECTION OF BIDS: The City's Chief Procurement Officer reserves the right to accept any, all or part of any bids, to waive minor irregularities, or to reject any, all or part of any bids, and to advertise for new bids, as the interest of the City may require. The City's Chief Procurement Officer also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a bidder who investigation shows is not in a position to perform the contract. In determining responsibility, the following other qualifications, in addition to price,may be considered by the City's Chief Procurement Officer: a. The ability,capacity and skill of the bidder to perform the service required. b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. c. The character, integrity, reputation,judgment, experience and efficiency of the bidder. d. The quality of performance of previous contracts or services. e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. Procurement and Contracts Division Page: 27 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida g. The quality, availability and adaptability of the supplies, or services, to the particular use required. h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. i. Whether the bidder is in arrears to the City on a debt or contract or is a defaulter on surety to the City, or whether the bidder's taxes or assessments are delinquent. j. Such other information as may be relevent or secured. 22. SELECTION/REJECTION OF OPTIONS: The City of Orlando reserves the right to select/reject options which are bid, based on price and other considerations as deemed to be in the best interests of the City. 23. MULTIPLE AWARDS: The City reserves the right in its sole discretion after evaluation of all responsive bids, to award the work described herein to more than one responsive and responsible bidder. In such cases where an award is made to more than one responsive and responsible bidder, the City shall apportion the work among the various primary, secondary and alternate providers in such manner and at such time as it deems appropriate under the circumstances in its sole discretion and no minimum amount or proportion of work is guaranteed to any single provider or class of providers irrespective of such provider's designation as primary, secondary or alternate. 24. CONTINGENT FEES: The bidder warrants that no City official or employee was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and/or supplies specified herein. 25. IRREVOCABLE OFFER: The submission of a bid shall constitute an irrevocable offer to the City by the bidder for a period of ninety (90) days from the date of bid opening to provide the goods and services set forth in this solicitation upon the terms, conditions, and provisions of this solicitation,at the pricing set forth in the bid. 26. PRICING AND ORDERING: The City will issue purchase orders directly to the awarded bidder for the purchase of supplies and materials. The awarded bidder shall honor these orders in accordance with the terms and conditions of the solicitation and their pricing and discounts terms as listed in their bid submittal. Unless otherwise specified, the awarded bidder shall stock sufficient quantities of supplies to meet the requirements of the City on an "as-needed" basis within seventy-two (72) hours after being notified of such requirements by the City. Procurement and Contracts Division Page: 28 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 27. RETURN OF MERCHANDISE: All items delivered must meet the Specifications herein. Items delivered not as specified will be returned at no expense by the City of Orlando. The City may return, for full credit, any unused items received which fail to meet the city's performance standards. Replacement items meeting Specifications must be submitted within a reasonable time after rejection of the non-conforming items. The supplier is to accept for full credit, any merchandise returned by the City within ninety (90) days from the delivery or pick up date. All merchandise to be acceptable for full credit is to be returned in a condition to allow for resale by the vendor and include reference to an applicable Vendor Invoice or Packing List. Full credit is to include all costs paid by the City related to the subject merchandise as determined by the appropriate Vendor Invoice or Packing List. 28. CONTRACT SALES REPORT The Contractor shall report sales and usage data to the City on an annual basis in Excel spreadsheet format. The following data at a minimum must be reported for each item included on the Price Form that is procured during the reporting period: • Contract name and number • Contractor name • Reporting period • Department/Division/Location name • Order date • Item description • Manufacturer name • Manufacturer part number • Unit of measure • Quantity • Contractor's list price • Unit price • Extended price • Total purchase amount for the quarter Submission of Contract Sales Reports is the responsibility of the Contractor, without prompting or notification by the City. The Contractor will submit by email the completed Contract Sales Reports to the Purchasing Agent identified in the Contract. The City shall work with the Contractor to develop the approved electronic format and content of the Contract Sales Reports to be used by the Contractor. Failure to provide Contract Sales Reports, including no sales status, may be grounds for default and/or cancellation of the Contract. 29. FAMILIARITY WITH SITE WORK AND CONDITIONS: The responsibility for the determination of accurate measurements, the extent of work to be performed, and the conditions surrounding the performance thereof shall be the bidder's. Submission of a bid shall constitute acknowledgment by the bidder that it is familiar with all such conditions. The failure or neglect of a bidder to familiarize itself with the site of the proposed work, shall in no way relieve it from any obligations with respect to its bid. Procurement and Contracts Division Page: 29 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 30. RIGHT TO AUDIT RECORDS: The City shall be entitled to audit the books and records of a Contractor or any subcontractor to the extent that such books and records relate to the performance of the contract or any subcontract. The Contractor and its subcontractors shall retain and maintain financial records and other records relating to the contract for a period of five (5) years from the date of final payment under the contract and by the subcontractor for a period of five (5) years from the date of final payment under the subcontract unless a shorter period is otherwise authorized in writing by the City. If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the 5-year period, the records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the regular 5-year period, whichever is later. 31. ASSIGNMENT: The Contractor shall not sell, assign, or transfer any of its rights, duties, or obligations under the contract or under any purchase order issued pursuant to the contract, without the prior written consent of the City. The Contractor shall give full attention to the contract, to the faithful execution of the contract,and shall keep the same under its control. 32. FISCAL YEAR FUNDING APPROPRIATION: a. Specified Period Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City provided funds are available for the first fiscal period at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation by City Council of funds therefor. b. Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the Contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not amortized in the price of the supplies or services delivered under the contract or otherwise recoverable. 33. APPLICABLE LAW AND APPEALS: This solicitation is issued in accordance with and shall be governed by the provisions and procedures of Chapter 7 of the City of Orlando's Code which can be accessed online at: https://www.municode.com/library/fl/orlando/codes/code of ordinances?nodeId=TITIICICO_CH 7PRCO or by contacting the Procurement and Contracts Division. Any appeal of matters relating to this solicitation must be filed in accordance with the requirements of Chapter 7 of the City Code. 34. WARRANTY: Bidder warrants that all equipment, materials and workmanship, whether furnished by bidder or its subcontractor(s), will comply with the City's specifications, drawings and other requirements. The Contractor warrants that the Work including equipment and materials provided shall conform to Procurement and Contracts Division Page:30 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida professional standards of care and practice in effect at the time the Work is performed, be of the highest quality, and be free from all faults, defects or errors. Whenever required by the specifications of the Invitation to Bid, the Contractor warrants that all equipment and materials provided shall be new. If the Contractor is notified in writing of a fault, deficiency or error in the Work provided within one(1) year from completion of the Work,the Contractor shall, at the City's option, either reperform such portions of the Work to correct such fault, defect or error, at no additional cost to the City, or refund to the City, the charge paid by the City, which is attributable to such portions of the faulty, defective or erroneous Work, including the costs for reperformance of the work provided by other Contractors. 35. CONTRACT AND ACCEPTANCE FORM: In order to expedite the contracting process after bid opening and preclude delays occasioned by subsequent contract execution, bidders are requested to sign the Contract and Acceptance Form included with this solicitation and return the form with their bid. In the event that a successful bidder fails to properly execute the Contract and Acceptance Form or return said form (or, if necessary, a letter of authorization) with their bid, the City shall notify the bidder of the City's intent to make an award and the bidder shall submit such form properly executed (together with a letter of authorization, if necessary, as set forth below) within fifteen (15) calendar days of receipt of notice from the City. Unless such time is extended by the City, the failure of a bidder to submit a properly executed form (and, where necessary, a letter of authorization) within said time period shall be cause for cancellation of the intended award by the City in its sole discretion. In the event that an intended award is cancelled, the award may then be made to the next lowest responsive and responsible bidder or the City's Chief Procurement Officer may decline to make an award. Successful bidders who default in properly executing the Contract and Acceptance Form after notification of the City's intent to make an award shall forfeit any bid security to the City and are subject to suspension and/or debarment by the City. Unless otherwise agreed by the City in its sole discretion,the Contract and Acceptance form shall be executed and notarized as follows: a. If the bidder is a corporation, the Contract and Acceptance Form shall be signed by an authorized corporate officer(i.e., President,Vice President, C.E.O, or C.O.O.). b. If bidder is a Partnership, the Contract and Acceptance Form shall be signed by a general or managing partner. c. If the bidder is a limited liability company, the Contract and Acceptance Form shall be signed by a Manager or Managing Member having authority to bind the company. d. If bidder is a sole proprietorship,the owner shall sign the Contract and Acceptance Form. If an aforementioned signatory is not available and a different authorized signatory executes the form, a letter of authorization reflecting the signatory's authority shall be submitted on the bidder's stationery stating that the person who signed the form is duly authorized to enter into such contract on behalf of the bidder. Such letter of authorization shall be signed by one of the designated signatories above or such other representative as may be acceptable to the City. If you have any questions regarding the execution of the Contract and Acceptance Form, please contact the Procurement and Contracts Division at(407)246-2291 for further clarification. If a bid is accepted by the City of Orlando, the Contract and Acceptance Form will be executed by the City with respect to the items awarded and returned to the bidder evidencing the City's Procurement and Contracts Division Page: 31 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida acceptance of the bid. No award shall be final, and no bidder shall have any entitlement to a contract or award, until such time as the City has executed the Contract and Acceptance Form. Upon execution by both parties, the Contract and Acceptance Form will constitute the formal written contract between the City of Orlando and the bidder. Any such resulting contract shall be non-exclusive, and the City may procure the goods and services listed in said contract from other sources. Within one (1) week of receipt of the fully executed Contract and Acceptance Form, an awarded bidder shall provide to the City with any required bonds, indemnities, and insurance certificate(s). 36. ACCEPTANCE OF MATERIALS/SERVICES: The City will be deemed to have accepted the Work after the City's Chief Procurement Officer is notified by the using Department of its satisfaction that the Work is completed, in accordance with solicitation specifications. The Work under this Agreement shall remain the property of the Contractor until the City accepts such work. In the event the Work furnished under this Agreement is found to be defective or does not conform to the specifications,the City reserves the right to cancel the Agreement upon written notice to the Contractor. 37. CONTRACT ALTERATIONS: No waiver, alterations, consent or modification of any of the provisions of the contract shall be binding unless in writing and signed by the City's Chief Procurement Officer or the CPO's designee. 38. INDEMNIFICATION: The awarded bidder agrees to indemnify and hold harmless the City, its elected officials, officers, agents, and employees, from and against any and all liability, claims, damages, demands, expenses, fees, fines, penalties, suits, proceedings, actions, and cost of actions, including attorneys' fees for trial and on appeal, and for the preparation of same arising out of the Contractor's, its officers', agents', and employees' acts,or omissions associated with the contract. 39. INSURANCE: a. General Insurance Requirements. Within seven(7) days of receipt of a notification of intended award from the City, the Contractor shall provide the City with the required Certificate(s) of Insurance in a form(s) acceptable to the City. The Certificate(s) of Insurance shall demonstrate that the awarded bidder has coverage in accordance with the requirements set forth herein. Insurance coverage must be in force throughout the contract term. Should a Contractor fail to maintain insurance as required or to provide acceptable evidence of insurance within seven(7) days prior to the expiration date of an insurance policy,the City shall have the absolute right to terminate the contract without any further obligation to the Contractor. In such event the Contractor shall be liable for the entire additional cost of procuring performance plus the cost of performing the incomplete portion of the contract at the time of termination. b. Subcontractors. Unless expressly specified otherwise in this solicitation, a Contractor and its subcontractors of any tier will be required at their own expense to maintain in effect at all times during the performance of the work insurance coverages with limits not less than those set forth below with insurers and under forms of policies satisfactory to the City. It shall be the responsibility of the Contractor to maintain the required insurance coverages and to assure Procurement and Contracts Division Page: 32 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida that subcontractors maintain required insurance coverages at all times. Failure of a Contractor to maintain adequate coverage shall not relieve it of any contractual responsibility or obligation. The requirements specified herein as to types, limits, and City's approval of insurance coverage to be maintained by a Contractor and its subcontractors are not intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor and its subcontractors under a contract. Any insurance carried by the City that may be applicable shall be deemed to be excess insurance and the Contractor's insurance primary for all purposes despite any conflicting provision in the Contractor's policies to the contrary. c. Certificates of Insurance. Prior to commencing work at the jobsite, and as a condition precedent to the Contractor's and his subcontractors' initiation of performance, the Contractor and its subcontractors shall furnish the City with certificates of insurance as evidence that policies providing the required coverage and limits of insurance are in full force and effect. The certificates shall provide that any company issuing an insurance policy for the work under a contract shall provide not less than 30 days advance notice in writing to the City prior to cancellation, termination, or material change of any policy of insurance (except for notice of non-payment of premium for which not less than 10 days advance notice in writing shall be required). In addition, the Contractor shall immediately provide written notice to the City upon receipt of notice of cancellation of an insurance policy or a decision to terminate an insurance policy. All certificates of insurance shall clearly state that all applicable requirements have been satisfied, including certification that the policies are of the "occurrence" type. Certificates of insurance for a Contractor and subcontractor-furnished insurance and notices of any cancellations, terminations, or alterations of such policies shall be mailed to the Procurement and Contracts Division at the address set forth for delivery of the bid. d. Additional Insureds. All insurance coverages furnished under a contract except Workers' Compensation and Employers' Liability shall include the City and its officers, elected officials, and employees as additional insureds with respect to the activities of the Contractor and its subcontractors. The City shall not by reason of their inclusion under these policies incur liabililty to the insurance carrier for payment of premium for these policies. e. Waiver of Subrogation. The Contractor and its subcontractors shall require their insurance carriers, with respect to all insurance policies, to waive all rights of subrogation against the City, its officers, elected officials, agents and employees and against other Contractors and subcontractors. f. Types of Coverage to be Provided. The awarded Contractor (and its subcontractors to the same extent and on the same terms as set forth below for Contractor) shall maintain the following coverages and furnish the certificate(s) of insurance on the policies and renewals thereof which indicate that insurance coverage has been obtained meeting the requirements of the contract. (i) Workers' Compensation and Employer's Liability. This insurance shall protect the Contractor against all claims under applicable state workmen's compensation laws. The Contractor shall also be protected against claims for injury, disease, or death of employees that, for any reason, may not fall within the provisions of a workmen's compensation law. This policy shall include an"all states" or"other states" endorsement. Exemption certificates shall be accepted if valid during the term of the contract, but only for those eligible corporate officers pursuant to Chapter 440 of the Florida Statutes. Proof of workers' compensation Procurement and Contracts Division Page:33 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida coverage must still be provided for all employees, sub-contractors not eligible for exemption. The liability limits shall not be less than: Workers' compensation Statutory Employer's Liability $100,000 each occurrence (ii) Comprehensive Automobile Liability. This insurance shall be written in comprehensive form and shall protect the Contractor and the additional insureds against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicle, and shall cover operation on or off the site of all motor vehicles licensed for highway use,whether they are owned, non-owned, or hired. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence (iii) Commercial General Liability. This insurance shall be an "occurrence" type policy (excluding automobile liability) written in comprehensive form and shall protect the Contractor and the additional insureds against all claims arising from bodily injury, sickness, disease, or death of any person or damage to property of the City or others arising out of any act or omission of the Contractor or its agents, employees, or subcontractors. This policy shall also include protection against claims insured by usual bodily injury liability coverage, a "contractual liability" endorsement to insure the contractual liability assumed by the Contractor under its contract with the City, and "completed Operations and Products Liability" coverage (to remain in force for 2 years after final payment and subsequent to project completion). If the Contractor's work, or work under its direction, requires blasting, explosive conditions,or underground operations,the comprehensive general liability coverage shall contain no exclusion relative to blasting, explosion, collapse of structures, or damage to underground property. The liability limits shall not be less than: Bodily injury and $1,000,000 combined single Property damage limit each occurrence 40. LICENSES: Unless otherwise extended by the City, the awarded bidder will be required within fifteen (15) calendar days of award date, to provide any and all local, state, and federal licenses, approvals, permits, authorizations and/or certifications which would be applicable for all services to be rendered during the term of the contract. 41. AUTHORITY: The City's Chief Procurement Officer or the CPO's written designee shall have authority to act on behalf of the City in matters related to the contract, including but not limited to the sending and receiving of any notices required hereunder. 42. PUBLIC ENTITY CRIMES: A person or affiliate, as defined in §287.133 of the Florida Statutes, who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid to provide any goods or services to a public entity, may not submit a bid with a public entity for the Procurement and Contracts Division Page: 34 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida construction or repair of a public building or a public work, may not submit a bid on leases of real property to a public entity, may not be awarded or perform work as a Contractor, supplier, subcontractor, or consultant under an agreement with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in §287.017 of the Florida Statutes for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 43. PROMPT PAYMENT ACT: Payment by the City shall be made in accordance with Sections 218.70. et sq. Florida Statutes, Local Government Prompt Payment Act. 1. Proper Invoice For purposes of billing submission and payment procedures, a "proper invoice" by a Contractor,vendor or other invoicing party shall consist of at least all of the following: a. a description (including quantity) of the goods and/or services provided to the City (or a party on behalf of the City) reasonably sufficient to identify it(or them); b. the amount due, applicable discount(s),and the terms thereof; c. the full name of the vendor, Contractor or other party who is supplying the goods and/or services including a mailing address in case of a dispute and a mailing address for payment purposes (if they are different) and a telephone number; d. the Purchase Order or contract number as supplied by the City; and e. an identification by Division, Office or Department of the party(ies) to whom the goods were delivered or services provided. All invoices, in order to be classified as a proper invoice, shall be delivered to Accounts Payable, Business and Financial Services Department, City of Orlando, 400 South Orange Avenue,P.O. Box 4990, Orlando, Florida, 32802-4990. Finally, in addition to all of the above, in order to be considered a proper invoice, it must be based on a proper delivery, installation, or provision of the goods and/or services to and acceptance by the City (or party on behalf of the City); the vendor, Contractor or other party who is supplying the goods and/or services has otherwise complied with all of the contract's terms and conditions and is not in default of any of them; and if the contract requires any subcontractors or other parties to be bound by similar other "flow-down" requirements that those requirements have been complied with. 2. Dispute Resolution In the event a dispute occurs between a Contractor, vendor or other invoicing party ("invoicing party") and the City concerning payment of an invoice, the City Department, Office or Division which has the dispute along with a representative of the City's Procurement and Contracts Division and the invoicing party shall meet to consider the disputed issues. The invoicing party shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence Procurement and Contracts Division Page:35 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida not later than forty-five (45) days, and be resolved not later than sixty (60) days, after the date on which the proper invoice was received by the City. Any decision by the City's Chief Procurement Officer shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision. If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued. 44. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the awarded vendor, the submission of any bid in response to this Invitation for Bid constitutes a bid made under the same terms and conditions, for the same contract price, to other governmental agencies including the State of Florida and its agencies, political subdivisions, counties and cities. Each governmental agency desiring to accept these bids, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials ordered and received by it and no agency assumes any liability by virtue of this bid. 45. EQUIPMENT: The Contractor is responsible for all damage or loss by fire, theft or otherwise, to materials, tools, equipment,and consumables, left on City property by the Contractor. 46. TERMINATION FOR CONVENIENCE: The City's Chief Procurement Officer may terminate any contract resulting from this solicitation for convenience with advance written notice to the Contractor. In the event of such a termination by the City, the City shall be liable for the payment of all work properly performed or materials provided prior to the effective date of termination and for all portions of materials, supplies, services, and facility orders which cannot be cancelled and were placed prior to the effective date of termination. 47. DRUG-FREE WORKPLACE CERTIFICATION: By submitting a bid in response to this Invitation for Bids, you are certifying that your company is a drug-free workplace in accordance with Florida Statute §287.087. 48. AMERICANS WITH DISABILITIES ACT: Persons with disabilities needing a special accommodation to participate in this proceeding should contact the Procurement and Contracts Division, City Hall at One City Commons, 400 South Orange Avenue, Orlando, Florida 32801 telephone (407) 246-2291, not later than seven (7) days prior to the date on which the accommodation is requested. 49. PURCHASING CARD PROGRAM: The City of Orlando uses the VISA Purchasing Card Program to streamline our procurement process. In order to expedite payments to suppliers, The Bank of America VISA Purchasing Card and ePayable solution has been implemented to more effectively control our procurement activities and to achieve a significant cost savings over the traditional paper, purchasing and payment system. As one of the City of Orlando's valued suppliers, your business may also Procurement and Contracts Division Page: 36 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida achieve cost savings results by accepting the ePayables solution. Identified supplier benefits of this Program may include: • Reduction of payment time • Direct electronic deposit to your primary banking account • Increase in working capital • Elimination of invoicing • Reduced collection efforts • Enhanced corporate relationships • Reduced billing costs • Enhanced reporting • Increased sales as a"Preferred Supplier" Additionally, you will be able to grow your customer base by accepting purchasing cards from other corporate customers as well as all major credit cards, therefore, The City encourages all vendors to accept the VISA ePayable solution. 50. RECIPROCAL LOCAL PREFERENCE: In the event the lowest responsive and responsible response to any Invitation for Bids or Request for Proposal is by a vendor whose principal place of business is in a city, county, or state which grants a preference for the procurement of such goods or services to a vendor whose principal place of business is in such area, then the City may award a preference to the (next) most responsive and responsible vendor having a principal place of business in the Metropolitan Statistical Area, (i.e., Orange, Seminole, Lake and Osceola Counties). Such preference shall be equal to the preference granted by the area in whidh the lowest responsive and responsible vendor has its principal place of business. 51. EMERGENCY SUPPORT: It is hereby made a part of this Invitation for Bids that before, during and after a public emergency, disaster, hurricane, flood, or other acts of God, that the City of Orlando shall be provided goods and services on a first priority basis. It is vital and imperative that the citizens of the City are protected from any emergency situation which threatens public health and safety, as determined by the City. Contractor agrees to provide, rent, sell, or lease all goods and services required by the City on a first priority basis. The City expects to pay a fair and reasonable price for all goods and services acquired before, during and after a disaster, emergency or hurricane. Contractor shall furnish a twenty-four(24)hour phone number in the event of such an emergency. 52. SUBCONTRACTORS: The Contractor shall perform all of its obligations and functions under the contract by means of its own employees, or by a duly qualified subcontractor, which is approved in advance by the City. In the event a subcontractor is employed, the Contractor shall continuously monitor the subcontractor's performance, shall remain fully responsible to insure that the subcontractor performs as required and itself perform or remedy any obligations or functions, which the subcontractor fails to perform properly. Procurement and Contracts Division Page:37 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 53. BID PRICES: Unless otherwise specified, Bid Prices must include all costs (labor, overhead, materials) and profit to perform the work specified in this Invitation for Bids. Bid prices shall remain firm for the entire contract period unless otherwise specified or changed by an Amendment. At each renewal period, price increases or decreases may be considered, provided they are reasonable and acceptable to the City. Any Amendment must be in writing and signed by both parties. 54. GOVERNING LAW/VENUE: The contract is deemed to be under and shall be governed by, and construed according to, the laws of the State of Florida. Contractor shall comply with all applicable federal, state, and local laws in the performance of work under the Contract. To the extent applicable, Contractor shall comply with Florida public records laws, including Sections 119.0701(2)(a) through (d) of the Florida Statues. Any litigation arising out of this contract shall be commenced in the State and Federal Courts of Orange County,Florida. 55. RECYCLED CONTENT: In support of the Florida Waste Management Law, bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The City is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); the percentage of recycled material contained in the product and the cost and product performance impact of increasing the percentage of recycled content. The City is requesting that bidders provide detailed information regarding any known or potential recycled material content in the product that may be extracted and recycled after the product has served its intended purpose, on the Bidder's Questionnaire as provided in this solicitation. 56. LIVING WAGE POLICY: As set forth in City Policy and Procedure 161.3 (for a copy, contact Procurement at 407.246.2291). Covered Service Contractors, as well as their subcontractors (first tier only), shall pay to all of their employees providing Covered Services pursuant to a contract with the City, a living wage for the time spent providing services to the City. (This provision does not include general administrative personnel unless they are assigned to a City project). "Living wage" means compensation for employment of not less than $8.50 per hour for straight time, exclusive of FICA, unemployment taxes, and workers compensation insurance and employee benefits. Necessary payroll documentation shall be provided to confirm compliance with this provision or the service Contractor shall allow the City to audit (at service Contractor's place of business) its payroll records to determine if compliance has been achieved. Failure to comply with the provision may result in termination of the contract and/or preclusion from future City contracts at the sole option of the City. This provision shall apply to all bid and Proposal awards for Covered Services, which involve City expenditures that exceed $100,000.00 per year. More particularly, this provision shall apply to single and multiple award agreements for Covered Services regardless of the initial value of the award whenever City expenditures exceed $100,000.00 in any one contract year. As for multiple award contracts (contract award which will be divided among several Contractors), at the point when the City has expended $100,000.00 on that contract in any one-contract year, regardless of whether such expenditure was to one Contractor or several Contractors, then the living wage provision shall apply to all Contractors who are a party to that award. For those contracts whose initial value was less than Procurement and Contracts Division Page: 38 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida $100,000.00 but exceeded $100,000.00 prior to the end of the contract term, this provision will be applicable to that contract in the next quarter. To further clarify,the Living Wage policy does not apply to part time employees, or the part time employees of all subcontractors. Furthermore, the workers of temporary employment agencies are not covered by the City's Living Wage Policy. A hard copy of the City's Living Wage Policy is also available at the Procurement and Contracts Division. 57. ORDER OF PRECEDENCE: This solicitation shall be included and incorporated in the purchase order or contract resulting from this solicitation. The purchase order or contract, including any exhibits attached thereto, contains all the terms and conditions agreed upon by the parties. No other contract, oral or otherwise, regarding the subject matter of the contract, shall be deemed to exist or to bind either party hereto. Unless otherwise expressly provided in the purchase order or contract, in the event of any conflict between the terms of the contract or purchase order, the City's solicitation, and the vendor's response, the order of precedence shall be the contract or purchase order, followed by the solicitation, and then the response to the solicitation. 58. PATENTS AND COPYRIGHTS: The Contractor shall pay all royalties and assume all costs arising from the use of any invention, design, process, materials, equipment, product or device in performance of the Work, which is the subject of patent rights or copyrights. Contractor shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the Work, or any part thereof, furnished under the contract, constitutes an infringement of any patent or copyright of the United States. The Contractor shall pay all damages and costs awarded against the City. 59. TERMINATION FOR DEFAULT: The performance of Work under the contract may be terminated by the City's Chief Procurement Officer, in whole or in part, in writing, whenever the Chief Procurement Officer shall determine that the Contractor has failed to meet the performance requirements of the contract. The Chief Procurement Officer has a right to terminate for default if the Contractor fails to make delivery of the supplies or perform the Work, or if the Contractor fails to perform the Work within the time specified in the contract, or if the Contractor fails to perform any other provisions of the contract. Notwithstanding the preceding, nothing herein shall be deemed to preclude the Chief Procurement Officer in the CPO's sole discretion on a case by case basis from providing the Contractor with written notice and a reasonable opportunity to cure the default prior to termination. Failure of a Contractor to deliver or perform the required Work within the time specified, or within a reasonable time as determined by the Chief Procurement Officer or failure to make replacements of rejected articles or Work when so requested, immediately or as directed by the Chief Procurement Officer, shall constitute authority for the Chief Procurement Officer to purchase in the open market articles or Work of comparable grade to replace the articles or Work rejected, not delivered, or not completed. On all such purchases, the Contractor or his surety, shall reimburse the City, within a reasonable time specified by the Chief Procurement Officer, for any expense incurred in excess of the contract prices. Procurement and Contracts Division Page:39 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida Such purchases shall be deducted from contract quantities or work. Should public necessity demand it, the City reserves the right to utilize services or use and/or consume articles delivered which are substandard in quality, subject to an adjustment in price to be determined by the Chief Procurement Officer. The Contractor shall not be liable for any excess costs if acceptable evidence has been submitted to the Chief Procurement Officer that failure to perform the Work was due to causes beyond the control and without the fault or negligence of the Contractor. Nothing herein shall be deemed to preclude the City's exercise of any other rights or the City's pursuit of any other remedies that it may have herein or under law or in equity, including but not limited to any right of the City to terminate the contract for convenience. 60. TIME OF COMPLETION: The parties understand and agree that time is of the essence in the performance of the contract.The Contractor or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Contractor's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Contractor's or City's contractual obligations, respectively. Any such causes of delay, even though existing on the date of the Agreement or on the date of the start of Work, shall extend the time of the Contractor's or City's performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules. However, under such circumstances as described herein, the City's Chief Procurement Officer may at the CPO's discretion, cancel the contract for the convenience of the City. The Contractor agrees that all Work shall be executed regularly, diligently, and uninterrupted at such a rate of progress as will ensure full completion thereof within the time specified. 61. CORRECTION OF WORK: The Contractor shall promptly correct all Work rejected by the City as faulty, defective, or failing to conform to the contract whether observed before or after substantial completion of the Work, and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work. 62. INFORMATION: All information, data, designs, plans, drawings, and specifications furnished to or developed for the City by the Contractor or its employees, pursuant to the contract, shall be the sole property of the City and all rights therein are reserved by the City, except that the Contractor may disclose any such information to its corporate affiliates and their agents as necessary to perform the Work. 63. SAFETY MEASURES: The Contractor shall take all necessary precautions for the safety of the City's and Contractor's employees and the general public and shall erect and properly maintain at all times all necessary vehicular and facility safeguards for the protection of the workmen and public. If necessary, the Contractor shall post signs warning against hazards in and around the work site. Procurement and Contracts Division Page: 40 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 64. EXTRA WORK: The City, without invalidating the contract, may order changes in the Work within the general scope of the contract consisting of additions, deletions, or other revisions,the Agreement price and time being adjusted accordingly. All such changes in the Work shall be authorized by a written amendment to the contract, and shall be executed under the applicable conditions of the contract. If the Contractor plans to make a claim for an increase in the contract price or an extension in the contract schedule/term, it shall first give the City written notice within ten(10) calendar days after the occurrence of the event giving rise to such a claim. This written notice shall be given by the Contractor to the City, and a written approval secured from the using Department and the City's Chief Procurement Officer, before proceeding to execute the Work, except in an emergency endangering life or property, in which case the Contractor shall immediately proceed. No claim for extra work will be considered valid by the City unless first submitted in writing. 65. FAMILIARITY WITH THE WORK: The.Contractor acknowledges full understanding of the extent and character of the Work required and the conditions surrounding the performance thereof. The City will not be responsible for any alleged misunderstanding of the Work to be furnished or completed, or any misunderstanding of conditions surrounding the performance thereof. It is understood that the execution of the contract by the Contractor serves as his stated commitment to fulfill all the conditions referred to in the contract. 66. TITLE AND RISK OF LOSS: The title and risk of loss to the Work shall pass from the Contractor to the City upon the City's final acceptance of the Work. 67. TRADE NAMES: In cases where an item is identified by a manufacturer's name, trade name, catalog number, or reference, it is understood that the bidder proposes to furnish the item so identified and does not propose to furnish an "EQUAL" unless the proposed "EQUAL" is definitely indicated therein by the bidder. The reference to a name brand is intended to be descriptive but not restrictive and only to indicate to the prospective bidder articles that will be satisfactory. Bids on other makes and catalogs will be considered provided each bidder clearly states in his bid or proposal exactly what he proposes to furnish and forwards with his bid a cut illustration or other descriptive matter which will clearly indicate the character of the article covered by his bid. The City hereby reserves the right to approve as an equal, or to reject as not being equal, any article the bidder proposes to furnish which contains major or minor variations from the specification requirements but may comply substantially therewith. If no particular brand, model, or make is specified and if no data is required to be submitted with the bid, the successful contractor after award and before manufacturer or shipment may be required to submit working drawings or detailed descriptive data sufficient to enable the City to judge if such requirement of the specification is being complied with. 68. FEDERAL,STATE,AND LOCAL RULES/APPROVALS: Procurement and Contracts Division Page: 41 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida f The Contractor shall comply with all applicable federal, state and local laws, ordinances, rules and regulations pertaining to the performance of Work under this Agreement. The Contractor is to procure all permits, licenses, and certificates, or any such approvals of plans or specifications as may be required by federal, state and local laws, ordinances, rules, and regulations, for the proper execution and completion of the Work under this Agreement. 69. CLEAN WORK AREA: The Contractor shall at all times, keep the Work area free from accumulation of waste materials or rubbish caused by his operations, and promptly remove any such materials to an approved disposal location. 70. MISCELLANEOUS PROVISIONS: By submitting a bid, the bidder shall be deemed to have certified that the contract is made without prior understanding, agreement or connection with any corporation, firm or person who submitted bids for the work covered by the contract and is in all respects fairand without collusion or fraud. Bidder further warrants and certifies that they are authorized to enter into the contract and to execute same on behalf of the Contractor as the act of the said Contractor. The contract, including any Exhibits thereto, contains all the terms and conditions agreed upon by the parties. No other agreements, oral or otherwise, regarding the subject matter of the contract shall be deemed to exist or to bind either party thereto. If any section, sentence, clause, phrase, provision, or other portion of the contract is, for any reason, held invalid or unconstitutional by a court or other body of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of the contract. The contract is solely for the benefit of the parties to the contract and no causes of action shall accrue upon or by reason thereof to or for the benefit of any third parties. The City's Chief Procurement Officer or written designee shall have authority to act on behalf of the City in matters related to the contract, including but not limited to the sending and receiving of any notices required hereunder. ah9c*dc*dc*******x***ic***9ricdcxo+*******************4c*ico'cr'c*x9c9enY*9c***********dc*****3e********* Procurement and Contracts Division Page:42 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida i j i. \ FORMS AND SUBMIT-T-AL DOCUMENTS Procurement and Contracts Division Page: 43 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida Bidder's Name: Pavement Technology, Inc. BID PRICE FORM You are invited to Bid on the following: The bidder, having carefully examined the specifications and Terms and Conditions herein, proposes to furnish proposes to furnish all labor, materials, equipment and other items without exception for the proper execution and completion of the work, and if awarded the contract, to complete the said work within time limits as specified for the following bid prices. Item Estimated Unit Unit Price Total Estimated No. Quantity Description Application of Asphalt Rejuvenating Square Agent in Accordance with the Attached 1. 600,000 Yards Specifications. $ 0.81 $ 486,000.00 Total Bid $ 486,000.00 Bidder Initials j.c?J 1. FOB Point Destination 2. Discount Payment Terms (if any): N/A %, if paid within days after receipt of invoice. 3. Is your company willing to accept the VISA ePayable solution for payment of all invoices? Yes X No 4. Is your company willing to serve as a secondary supplier in the event your company is not selected for primary award? X Yes No Recheck your quotations prior to submission. Bids may not be changed after being opened. Procurement and Contracts Division Page: 44 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida BIDDER'S CERTIFICATION FORM: I have carefully examined the Invitation for Bids, Instructions to bidders, General, Standard and Special Conditions, Specifications,Contract and Acceptance Form and any other documents accompanying or made a part of this Invitation for Bids. I hereby propose to furnish the goods or services specified in the Invitation for Bids at the prices or rates quoted in my bid. I agree that my bid will remain firm for a period of up to ninety(90)days in order to allow the City adequate time to evaluate the bids. I agree to abide by all conditions of this bid and understand that a background investigation may be conducted by the Orlando Police Department prior to award. I certify that all information contained in this bid is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this bid on behalf of the bidder as its act and deed and that the vendor/contractor is ready,willing and able to perform if awarded the bid. I certify, under oath,that this bid is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a bid for the same product or service. I further certify that no officer, employee or agent of the City of Orlando or of any other Proposer has a financial interest in this bid. I further certify that the undersigned executed this Bidder's Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so. State of Ohio Pavement Technology, Inc. County of Cuyahoga NAME OF BUSINESS Sworn to(or affirmed)an subscribed before me BY: this/j day of , 2015, by 7oh,� She7e) , SIGN/RE John J. Schlegel, Vice President NAME&TITLE, TYPED OR PRINTED S' ature of Not 24144 Detroit Road Notary Public, State of Oi)ID MAILING ADDRESS LISA A.TRIFILETTI-PALOS Personally Known Notary Public,State of.Ohio Westlake, Ohio 44145 -. '- My Commission Expires Jen.r1,201? CITY,STATE,ZIP CODE Produced Identification I 44O 892-1895 Type: TELEPHONE NUMBER (440 ) 892-0953 Company Tax ID# 34-1108308 FAX NUMBER (The City only requires Company Tax ID numbers. The City is not requesting individual social security numbers.) j schlegel@pavetechinc.corn E-MAIL ADDRESS Procurement and Contracts Division Page:45 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida CONTRACT AND ACCEPTANCE FORM FOR SOLICITATION NO. IFB15-0224 APPLICATION OF ASPHALT REJUVENATING AGENT ON VARIOUS STREETS: Upon execution of this contract below by the City of Orlando ("City"), the undersigned hereby agrees to provide all goods and services set forth in its bid in response to the above referenced solicitation ("Solicitation") in accordance with, and subject to, all terms, conditions, and provisions of the Solicitation at the prices set forth in the undersigned's bid for the items and work awarded to it by the City. This Contract and Acceptance Form together with the (i) Solicitation, including all addenda, and (ii) the undersigned's bid in response to the Solicitation, including all schedules and forms submitted with the bid, all of which are hereby ' c• s orated herein by this reference, shall constitute the formal written contract betwe- •- e City . d : undersigned. �_ __.No State of Ohio SIG TU'4 County of Cuyahoga John J. Schlegel, Vice President Sworn to(or affirmed)and subscribed before me NAME&TITLE,TYPED OR PRINTED this ab day of Ae,/ ,20J, by TAA.. :T / ta) , Pavement Technology, Inc. i,- ,io NAME OF BUSINESS Sit ature of Nota- // 24144 Detroit Road Notary Public, State of t:4w) MAILING ADDRESS rsonally Knowy� (circLeISfA A.TIRIF LErn-PALOS Westlake, Ohio 44145 LL CITY,STATE,ZIP CODE -OR- Notary Publk,State:ofobia My Commission Expires Jan::t7 20 PHONE: ( 440 ) 892-1895 Produced Identification : FAX: ( 440 ) 892-0953 Type of Identification: E-MAIL: 1schlegel@pavetechinc.corn , FOR USE BY THE CITY OF ORLANDO ONL This contract is awarded to the party listed above as a: Primary Supplier: ' Secondary Supplier: This contract is for: All Item Numbers: Vor Item Numbers: INITIAL CONTRACT TERM: 'js/�5"to 6/'� ,C ACCEPTANCE: APPROVED AS TO FORM AND LEGALITY CITY OF ORLANDO, FLORIDA for the use and reliance of the City of Or ndo, Florida,only. th A By: — •f�` e-". . Chief Procurement Officer — Assis ant City Attorney ORLANDO, FLORIDA DAVID BILLINGSLEY,CPSM,C.P.M. Date: .-- .•'-.14")- ,2015 Date: b"iv( 5 , 2015 Procurement and Contracts Division Page:46 • Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida BIDDER'S QUESTIONNAIRE: The following questionnaire is to be completed by the bidder and provided with its bid submittal. If a question is not applicable, so indicate by writing"N/A". 1. COMPANY NAME: Pavement Technology, Inc. Address of Principal Place of Business: 24144 Detroit Road City/State/Zip: Westlake, Ohio 44145 Phone: 440-892-1895 Fax: 440-892-0953 Name of primary Contact : John J. Schlegel Email: j Schlegel@pavetechinc.com 2. TYPE OF ORGANIZATION: Sole Proprietorship Partnership Non-Profit Joint Venture X Corporation Other: State of Formation: Ohio Federal ID# 34-1108308 DUNS# 059063693 (The City only requires a Federal Tax ID Number, not a Social Security number. 3. EMERGENCY CONTACT PERSON: John J. Schlegel Phone: 440-892-1895 Fax: 440-892-0953 Cell: 216-780-4316 4. INSURANCE COMPANY NAME: Travelers Casualty & Surety Co. (McGowan Insurance) Agent Contact: Caren Campanalie Phone: 440-333-6300 X4301 5. EXPERIENCE: A. Years in business: 43 B. Years in business under this name: 43 C. Years performing this type of work: 43 6. SUBCONTRACTORS- for informational purposes only: If bidder intends to use subcontractors, please provide the information below. All subcontractors listed remain subject to approval by the City. Name of subcontractors to be utilized and type of work: Name Type of Work M/WBE VBE Certified? City Certified? (Y or N) N/A (Y or N) Procurement and Contracts Division Page:47 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida 7. LOCAL SERVICE FACILITY, IF APPLICABLE: A.Name of local service center: N/A B. Address of local service center: C. County local service center is located in: D. Contact: Telephone number:_ 8. RECYCLED CONTENT: A. Percentage of recycled material contained in the product: 0 % B. Is your product packaged/shipped in material containing recycled content? Yes _ No X C. Is your product recyclable after it has reached its intended end use? Yes No x 9. REFERENCES: Bidder shall submit as a part of their Bid submittal, a minimum of three (3) customer references for similar products which your firm has provided within the last three (3) years. Reference #1: Name: City of Tampa Address: 315 E Kennedy Blvd., Tampa, FL 33602 Telephone No.:: 813-622-1949 Fax No.: 813-622-1956 Contact: GilbertPerez E-mail: gilbert.perez@tampagov.net Reference#2: Name: City of Orlando Address: 400 S. Orange Avenue, Orlando, FL 32802 Telephone No.:: 407-246-4049 Fax No.: 407-246-2241 Contact: Rick Davis E-mail: richard.davis@cityoforlando.net Reference#3: Name: City of St. Petersburg Address: One 4th Street, N St. Petersburg, FL 33731 Telephone No.:: 727-892-5206 Fax No.: 727-892-5243 Contact: Tom Gibson E-mail: tan.gibson@stpete.orq Reference#4: Name: City of Punta Gorda Address: 3130 Cooper Street, Punta Gorda, FL 33950 Telephone No.:: 941-575-5050 x6056 Fax No.: 941-575-5044 Contact: Rick Keeney E-mail: rkeeney@ci.punta-gorda.fl.us Procurement and Contracts Division Page: 48 ,Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida WRITTEN QUESTIONS) FORM: 460 Any questions relative to interpretation of specifications or the solicitation process must be O• addressed to the City in writing. For uniformity, the City requests that you use the ri'rit following format. No verbal inquiries will be accepted. Written questions must be received at least ten (10) days prior to the solicitation due date. Written questions received within ten (10) days of the solicitation due date will not be responded to. Please submit all questions to the Purchasing Agent as identified in this Invitation for Bids. This form is provided for your convenience, however, emails to the Purchasing Agent are acceptable. Only written answers and clarifications in the form of a written Addendum to the solicitation will be binding. Oral answers will not be authoritative. SOLICITATION NUMBER: N/A DATE SUBMITTED: SOLICITATION TITLE: COMPANY NAME: ADDRESS: CITY: STATE: ZIP: CONTACT NAME: PHONE: 1. 2. 3. 4. 5. Procurement and Contracts Division Page: 49 Application of Asphalt Rejuvenating Agent IFB15-0224 ,on Various Street Locations in Orlando,Florida MINORITY/WOMEN OWNED BUSINESS ENTERPRISE PARTICIPATION FORM: Chapter 57, Article II, Minority Business Enterprise (MBE), and Article III, Women-Owned Business Enterprise (WBE) of the Orlando City Code, establishes goals of 18% (MBE) and 6% (WBE), respectively, of the City's annual monetary value of contracts and subcontracts for supplies, services and construction to be awarded to Minority and Women-Owned Business Enterprises(MWBE). For further information regarding this program, please refer to Chapter 57 of the Code of the City of Orlando or contact: Minority Business Enterprise City Hall at One City Commons 400 South Orange Avenue - 5th Floor Orlando,Florida 32801 (407)246-2623 If your company is currently certified, please enter the certification number and the expiration date in spaces provided below or submit a copy of the certificate received from the City stating that your company is certified by the City as a Minority/Women-owned Business Enterprise: Business Name: N/A Certification Number: Expiration Date: There shall be no third party beneficiaries of the Minority Business Enterprise or Women-Owned Business Enterprise provisions of this contract. The City of Orlando shall have the exclusive means of enforcement of the MBE/WBE Ordinance and contract terms. No right of action for non-signatories of the contract is intended or implied. The City of Orlando is the sole judge of compliance. All solicitations and submittals awarded will be evaluated in accordance with Chapter 7 and Chapter 57, Articles II and III. In order for a bidder to receive credit for MBE/WBE certification,the firm must be certified with the City of Orlando MBE/WBE Office on or before the date set for submittal of bids. Procurement and Contracts Division Page: 50 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida VETERAN BUSINESS ENTERPRISE PARTICIPATION FORM In order to foster economic development and business opportunities, promote the growth and development of local businesses, and rectify the economic disadvantages of service-disabled veterans and wartime veterans who have made extraordinary sacrifices on behalf of the nation, the City of Orlando has adopted a Veteran Business Enterprise ("VBE") Preference. For further information regarding this program,please refer to Chapter 7 of the Code of the City of Orlando. In order for a bidder to receive credit for VBE certification for this solicitation, the bidder must have its principal place of business in the Metropolitan Statistical Area (i.e. Orange, Lake, Seminole or Osceola Counties) and be a certified veteran business enterprise by the State of Florida Department of Management Services as set forth in Section 295.187 of the Florida Statutes as of the date set for submittal of bids. If your company is currently certified, please enter the certification number and the expiration date in spaces provided below or submit a copy of the certificate received from the State of Florida Department Business Name: N/A Certification Number: Expiration Date: There shall be no third party beneficiaries of the Veteran Business Enterprise Preference provisions of this solicitation or resulting contract. The City of Orlando shall have the exclusive means of enforcement of the Veteran Business Enterprise Preference Ordinance and any contract terms. No right of action for non-signatories of the contract is intended or implied. The City of Orlando is the sole judge of compliance. All solicitations and submittals awarded will be evaluated in accordance with Chapter 7 of the Code of the City of Orlando. Procurement and Contracts Division Page: 51 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida ADDENDUM ACKNOWLEDGMENT FORM: The undersigned acknowledges receipt of the following addenda to the Documents(Give number and date of each): Addendum No. 1 Dated 4/9/2015 Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated Failure to submit acknowledgment of any Addendum that affects the Bid prices is considered a major irregularity and will be cause for rejection of the bid. Pavement Technology, Inc. Company Signa John . Schlegel Vice President Title Procurement and Contracts Division Page:52 Application of Asphalt Rejuvenating Agent IFB15-0224 on Various Street Locations in Orlando,Florida "NO BID" RESPONSE TO INVITATON FOR BIDS Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando, Florida 32801 If your firm is unable to submit a bid at this time,would you please provide the information requested in the space provided below and return to: City of Orlando Procurement and Contracts Division 400 South Orange Avenue, Fourth Floor Orlando,Florida 32801 We have received Invitation for Bids No. IFB15-0224, opening at 2:00 p.m., Local Time, City of Orlando,FL,on April 15,2015. Reason for not bidding: BY: N/A Signature Name&Title, Typed or Printed Company Name Procurement and Contracts Division Page: 53 , Application of Asphalt Rejuvenating Agent IFB 15-0224 on Various Street Locations in Orlando, Florida Addendum One(1) Exhibit "A" ref^. I ti FM :tea Revised Davis-Bacon Wage Table Procurement and Contracts Division Page: 3 Application of Asphalt Rejuventing Agent IFB15-0224 Page 1 of 6 on Various City Streets in Orlando,Florida Addendum One(1) General Decision Number: FL150030 03/20/2015 FL30 Superseded General Decision Number: FL20140030 State: Florida Construction Type: Building County: Orange County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Executive Order (EO) 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Davis-Bacon Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.10 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/02/2015 1 02/06/2015 2 03/20/2015 BRFL0008-003 04/01/2014 Rates Fringes TILE SETTER $ 20.70 7 .25 ELEC0606-001 09/01/2014 Rates Fringes ELECTRICIAN $ 23.15 9.47 ENGI0673-006 05/01/2013 Rates Fringes OPERATOR: Crane Oiler $ 20.36 10.85 OPERATOR: Mechanic $ 26.30 10.85 OPERATOR: Oiler $ 20.36 10.85 OPERATOR: Boom Truck $ 24.14 10.85 * IR0N0808-004 02/01/2015 Rates Fringes IRONWORKER, ORNAMENTAL, file:///C:/Users/cos30480/AppData/Local/Temp/K2K2JPOV.htm 3/30/2015 Application of Asphalt Rejuventing Agent IFB15-0224 Page 2 of 6 on Various City Streets in Orlando,Florida Addendum One(1) REINFORCING AND STRUCTURAL $ 23.50 11.95 PAIN1010-009 08/01/2014 Rates Fringes PAINTER: Roller, Steel and Spray Only. . . $ 17.50 8.83 SFFLO821-001 01/01/2015 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) $ 26.33 17.37 SUFL2009-026 05/22/2009 Rates Fringes AC:• . • ' 14 .84 0.13 BRICKLAYER $ 20.00 0.00 CARPENTER, Includes Form Work (Excludes Acoustical Ceiling Installation, and Drywall Hanging) $ 14 .56 3.31 CEMENT MASON/CONCRETE FINISHER $ 13.00 0.00 DRYWALL FINISHER/TAPER $ 16.00 0.00 DRYWALL HANGER $ 16.04 0.98 FENCE ERECTOR $ 14.00 0.00 GLAZIER $ 16.07 6.24 HVAC MECHANIC (Installation of HVAC Duct) $ 15.65 0.00 INSTALLER - CARPORT METAL COVERING $ 12.17 0.77 INSTALLER - DRAPERY BLINDS $ 17.50 0.00 INSULATOR - BATT $ 15.79 0.00 INSULATOR - PIPE & PIPEWRAPPER $ 13.13 3.03 LABORER: Asphalt Shoveler $ 7.88 0.00 LABORER: Common or General $ 10.51 1.71 LABORER: Concrete Saw (Hand Held/Walk Behind) $ 12.63 0.00 LABORER: Mason Tender - Brick $ 10.00 0.00 file:///C:/Users/cos30480/AppData/Local/Temp/K2K2JPOV.htm 3/30/2015 Application of Asphalt Rejuventing Agent IFB15-0224 Page 3 of 6 on Various City Streets in Orlando,Florida Addendum One(1) 4 LABORER: Mason Tender - Cement/Concrete .$ 12.83 1. 90 LABORER: Pipe layer $ 11.53 0.00 LABORER: Roof Tearoff $ 9.00 0.00 LABORER: Landscape and Irrigation $ 9.60 0.00 LATHER $ 13.41 0.00 OPERATOR: Asphalt Spreader $ 11.41 0.00 OPERATOR: Backhoe/Excavator $ 15.00 0.47 OPERATOR: Bulldozer $ 15,00 0.00 OPERATOR: Crane $ 17.75 0.00 OPERATOR: Distributor $ 12.37 0.00 OPERATOR: Forklift $ 14.00 0.00 OPERATOR: Grader/Blade $ 11.00 0. 63 OPERATOR: Loader $ 11.00 0.63 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 12.83 0.00 OPERATOR: Pump $ 17.12 0.00 OPERATOR: Roller $ 10.68 0.00 OPERATOR: Screed $ 11.34 0.00 OPERATOR: Tractor $ 9.91 0.00 OPERATOR: Trencher $ 11.75 0.00 PAINTER: Brush Only $ 12.00 0.00 PIPEFITTER, Excludes HVAC Pipe Installation $ 16.02 0.52 PLASTERER $ 16.00 0. 67 PLUMBER, Includes HVAC Pipe Installation $ 16.00 0.00 ROOFER (Installation of Metal Roofs Only) $ 14.26 0.59 ROOFER, Includes Built Up, Hot Tar, Modified Bitumen, Shake & Shingle, Single Ply, Slate, & Tile Roofs (Excludes Installation of Metal Roofs) $ 14.65 1.53 file:///C:/Users/cos30480/AppData/Local/Temp/K2K2JPOV.htm 3/30/2015 Application of Asphalt Rejuventing Agent IFB15-0224 Page 4 of 6 on Various City Streets in Orlando,Florida Addendum One(1) SCAFFOLD BUILDER $ 12.00 0. 00 SHEET METAL WORKER, Excludes HVAC Duct Installation $ 14 .10 1.53 TRUCK DRIVER: Dump Truck $ 10.00 0.00 TRUCK DRIVER: Lowboy Truck $ 12.09 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that file:///C:fUsers/cos30480/AppData/Local/Temp/K2K2JPOV.htm 3/30/2015 Application of Asphalt Rejuventing Agent IFB15-0224 Page 5 of 6 on Various City Streets in Orlando,Florida Addendum One(1) classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana, 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a.weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1. ) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3. ) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division file:///C:/Users/cos30480/AppData/Local/Temp/K2K2JPOV.htm 3/30/2015 Application of Asphalt Rejuventing Agent IFB15-0224 Page 6 of 6 on Various City Streets in Orlando, Florida Addendum One(1) U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2. ) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3. ) If the decision of the Administrator is not favorable, an interestcd party may app al dircctly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4. ) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION file:///C:/Users/cos30480/AppData/Local/Temp/K2K2JPOV.htm 3/30/2015 ITY OF WAND() April 9,2015 MEMORANDUM TO: All Bidders FROM: Maureen S. Bowman, Purchasing Agent II Procurement and Contracts Division SUBJECT: Addendum No. One (1), IFB15-0224 Application of Asphalt Rejuvenating Agent on Various Street Locations in Orlando, Florida. Please be advised of the following changes/clarifications to subject solicitation. The solicitation is hereby changed accordingly. A. REVISION TO SOLICITATION: 1. Replace Davis Bacon Wage Table, with the attached Exhibit "A" "REVISED" Davis Bacon Wage Table. B. QUESTIONS RECEIVED: Question No. One(1): I'm working on the solicitation documents for asphalt rejuvenation services for the City. Would you please tell me what the City of Orlando has for minimum requirements? What I'm looking for specifically, is what certification or licenses is your City requiring. Answer No. One(1): The Contractor must comply with all federal, state and local applicable laws,reference Standard Terms and Conditions, Section 40, Licenses; and Section 68, Federal, State and Local Rules/Approvals in the original solicitation. The Contractor must be licensed in the State of Florida. C. FINAL COMMENT: Only written questions answered in writing by formal Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Questions received after the specified date referenced in the solicitation will not be given any consideration. Please remember that you are to base your bid on the original solicitation package plus any(and all)subsequent addendum (or addenda) issued. THE ATTACHED SIGNATURE PAGE MUST BE COMPLETED AND RETURNED WITH YOUR BID. In other respects, except as specifically stated above, the subject Invitation to Bid remains unchanged. PROCUREMENT AND CONTRACTS DIVISION CITY HALL•400 SOUTH ORANGE AVENUE•P.O.Box 4990.ORLANDO,FLORIDA 32802-4990 PHONE 407.246.2291 • FAx 407.246.2869•CityofOrlando.net•esupplier.cityoforlando.net Application of Asphalt Rejuvenating Agent IF1315-0224 on Various Street Locations in Orlando, Florida Addendum One(1) SIGNATURE PAGE Bidders are asked to acknowledge receipt of this Addendum Number One (1), by completing the information requested below and submitting this information with their bid. Failure to do so may subject the bidder to disqualification. ALL OTHER SPECIFICATIONS AND CONDITIONS REMAIN UNCHANGED. RECEIPT OF THIS ADDENDUM IS HEREBY ACKNOWLEDGED Pavement Technology, Inc. AME OF BUSINESS BY: 4/13 0 SIGNATURE/DATE John J. Schlegel, Vice President NAME& TITLE, TYPED OR PRINTED 24144 Detroit Road MAILING ADDRESS Westlake, Ohio 44145 CITIES, STATE, ZIP CODE ( 440 ) 892-1895 (440) 892-0953 AREA CODE WITH TELEPHONE and FAX NUMBERS Procurement and Contracts Division Page:2 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, 2015, that its most recent annual report/uniform business report was filed on January 15, 2015, and 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 Fifteenth day of January,2015 =► keD4 Secretary of State Authentication ID:CC5156601997 To authenticate this certificate,visit the following site,enter this ID,and then follow the instructions displayed. https://efile.sunbiz.orgicertauthver.html 6 270 PARK AVENUE EAST P.O. BOX 1706 P MANSFIELD,OH 44901 16 • r 1‘-ri �`Sti2` www.ddernulsionsinc.com Phone:419-522-9440 Fax: 419-522-8606 Licensed Manufacturer Tricor Refining, LLC Producers of Golden Bear°Preservation Products CERTIFICATE OF COMPLIANCE TO WHOM IT MAY CONCERN PRODUCT: RECtAMITE4 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. y t Date: July 01, 2012 Approved by: Y- ti /JO) Title: President .. inkTRIC n \1REFINING, LLC tProducers of GOLDEN BEAR PRESERVATION PRODUCTS 1134 Manor St. •Oildale,CA 93308/P.O. Box 5877•Bakersfield,CA 93388 Phone 661.393.7110—Fax 661.393.1601 RECLAM ITE® Asphalt Rejuvenating Agent Specifications: Test Method Requirements Tests ASTM AASHTO Min. Max. Tests on Emulsion: . Viscosity @ 25°C,SFS D-244 T-59 15 40 Residue, %wt'l D-244(mod) T-59(mod) 60 65 Miscibility Test(�) D-244(mod) T-59(mod) No Coagulation Sieve Test,%w(3) D-244(Mod) T-59(mod) --- 0.1 Particle Charge Test D-244 T-59 Positive Percent Light Transmittance14l GB GB --- 30 Cement Mixing D-244 2.0 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 --- 0.75 Maltene Distribution Ratio D-2006-70 --- 0.3 0.6 PC+A1(5) S+A2 PC/S Ratio(5) D-2006-70 --- 0.5 --- Saturate hydrocarbons,S(5) D-2006-70 --- 21 28 'ASTM D-244 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. 2Test procedure identical with ASTM D-244 60 except that.02 Normal Calcium Chloride solution shall be used in place of distilled water.. 3Test procedure identical with ASTM D-244 60 except that distilled water shall be used in place of two percent sodium oleate solution. °Test procedure is attached. 5Chemical composition by ASTM Method D-2006-70: PC=Polar Compounds, Al=First Acidaffins. A2=Second Acidaffins, S=Saturated Hydrocarbons. Note: For gal/ton conversion use 242 Balton. Note: Data presented are typical. Slight variation may occur from lot to lot. 4 • Evaluation of Seal Coat • Runway 16--,34 • Lajes Field, Azores by 3.E.Pickett Gootechnical Laboratory U.S. Army Engineer Waterways Experiment Station P.O.Box 631 Vicksburg,Mirsissigi March 1%3 t Pavement Technology, Inc. Preventive Malatettance Specialist 24144 Mtn*Fid. • 11. Westlake,OH 44145 -qp 1800 $36O • • done so the runway could remain open to The samples were processed by sawing 3/8 in. traffic during treatment. Before treatment, one of material from the upper surface. The set of three 6-in. cores were taken at each of asphalt was extracted from this 3/8-in-_tie eight locations, selected at random throughout • sample and recovered; untreated samples were the runway, two sets from Phase I and three processed at the field laboratory at Lajes, The sets each from Phases II and III. Core lora- recovered asphalt and treated samples were tions are Shown on Ind 1. After treatment, returned to WES for processing and penetra- three additional cores were taken at each lova- ton and viscosity testing. Results of these tion within 2 to 4 ft of the original core laboratory tests are summarized in Table I, locations and in the same construction lane. Test results indicate the rejuvenation of T r c 2 I t i —W00 - > 1 1 1L O. I • t) L. 5 I m y ro 6 t a t 0 e 7 a 9 i Construction seal. Penetration values of asphalt extracted from cores(New Mexico Highway Department). } ,dReclamite treated(2 years) "'"�-' ' Core Depth Value tea-',, � '�'w`; � �� '`�s�+:. • ' ' 1 Top 1z" 52 e'r -1 : —k�1 �'` :l :4'-* 2 Top'/2' 48 `4t4 3 Top Yz" 40 Untreated 4 Top 1/2" 17 — 5 Top 1/2" 23 t 6 Top 1/2" 22 Y Reclamite was used as a construction seal.Foreomparison, the lower left area was not treated. Penetration values of asphalt extracted from `„ ;,- _ cores(Douglas Street,Kern County,Calif.) -fpReclamite treated -' „�� -'`"- Depth 6 mos. 30 mos. • -: Top 1/2" 37 25 `s., Untreated• `` • Top 1/2" 18 I 13 Reclamite was used as a construction seal on the dry areas of this pavement.Untreated areas are still wet from water penetrating the surface. Penetration values of asphalt on cores taken at intervals over period of time(Day Street, At _ Kern County,Calif.). ' `" Reclamite treated •y- :.-., ` Depth 2 mos. 18 mos. 36 mos. Top 1/2" 82 j 48 1 40 _ Untreated Top 1/2" 23 19 16 Reclamite was used as a construction seal on the dry areas of the pavement. 5 P - VEMENT TECLLNQLQGY 2WESTLAKE,4144 DETROIT TH O 44p45 (440)892-1895 (800)333-6309 INCFAX(440)892-0953 b Asphalt Recycling & Preventive Maintenance Specialists Experience Outline General Superintendent / Vice President — John J. Schlegel 1977 -- 1983 General laborer/driver on rejuvenating and recycling projects for Pavement Technology, Inc. 1983 -- 1988 General foreman in charge of rejuvenating agent application, crack filling, and other miscellaneous construction work. 1988 -- 1991 Construction Manager in charge of all crew scheduling, equipment maintenance, and general construction projects. 1991 -- Present General Superintendent/ Vice President in charge of all construction operations. AN EQUAL OPPORTUNITY EMPLOYER S PAVEMENT TECHNOLOGY 24144 DETROIT ROAD WESTLAKE,OHIO 44145 (440) 892-1895 (800) 333-6309 UNICFAX(440)892-0953 Asphalt Recycling & Preventive Maintenance Specialists EXPERIENCE RECORD - RECLAMITE® APPLICATION PROJECT NAME CONTACT SQUARE TOTAL YEARS YARDS USED Charleston County Richard Turner 499,000 s.y. 2 4045 Bridge View Dr. Project Engineer N. Charleston, SC 29405 843-202-6155 Aug 2014—Oct 2014 843-744-8348 FAX Lucas County Jeff Lohse 28,000 s.y. 9 One Government Center Pavements Engineer Toledo, OH 43604 419-213-4541 June 2013 419-213-2829 FAX jiohse @co.lucas_oh.us Charlotte County Jeff Keyser 1,559,700 s.y. 11 7000 Florida Street Engineering Punta Gorda, FL 33950 941-575-3644 Jan 2014—June 2014 941-637-9265 FAX jell.keyser @ charlottefl.corn Manatee County Brian Martineau 49,000 s.y. 12 Collier Service 25010 Project Manager PO Box 1000 941-708-7450 Bradenton, FL 34206 941-708-7549 FAX Dec 2014— Feb 2015 brian.martineau @ mymanatee.orq City of Punta Gorda Rick Keeney 50,900s.y. 12 3130 Cooper Street Public Works Director Punta Gorda, FL 33950 941-575-5050 X6056 August 2014 941-575-5044 FAX rkeeney@ci.punta-gorda.fl.us AN EQUAL OPPORTUNITY EMPLOYER • i, �C--}�j�r' CITY OF Amo May 11,2016 Mr. John Schlegel Pavement Technology, Inc. Via Email: jschlegel(apavetechinc.com 24144 Detroit Road Westlake, Ohio 44145 SUBJECT: Renewal of Term Contract for Application of Asphalt Rejuvenating Agent on Various Street Locations in Orlando,FL IFB15-0224 Dear Mr. Schlegel: . The subject Contract will expire on June 4,2016. In accordance with the terms and conditions of subject Contract, the Contract may, by mutual assent of the parties,be extended for an additional twelve(12)month period. The City would like to exercise the right for the renewal of this Contract for an additional year effective June 5, 2016, at the existing pricing,terms and conditions. Please indicate your approval of this offer by having an officer of your firm execute the acceptance portion below and return the original of this letter to Maureen S. Bowman at the address noted below by Wednesday, May 18, 2016. Upon execution below by your firm's authorized representative, this letter will be your official notice that the Contract has been extended for one (1) year and no additional documentation will be required. Please be sure any required Insurance Certificates are up-to-date and attached to your response. Also, send us a copy of the most current W-9 form for your business. Thank you for your immediate attention to this matter. Sincerely, ic. ...41 /dtgt. David Billingsley, CP " .P.M. ACCE ' C Chief Procurement Off r �� By: • Icial+ignature • 41 ;11 , . Print Name Vi re free,aott Title 5/12 /« Date PROCUREMENT AND CONTRACTS DIVISION CITY HALL•400 SOUTH ORANGE AVENUE•P.O.Box 4990.ORLANDO,FLORIDA 32802-4990 PHONE 407.246.2291 •FAX 407.246.2869•CityofOrlando.net•esupplier.cityoforlando.net Rev: 07/26/12 64"-N ITY OF ORLANDO January 23, 2017. Mr. John Schlegel Pavement Technology, Inc. Via Email: jschlegel@pavetechinc.com 24144 Detroit Road Westlake, Ohio 44145 SUBJECT: Renewal of Term Contract for Application of Asphalt Rejuvenating Agent on Various Street Locations in Orlando,FL — IFB15-0224 Dear Mr. Schlegel: The subject Contract will expire on June 4,2017. In accordance with the terms and conditions of subject Contract, the Contract may, by mutual assent of the parties,be extended for an additional twelve(12)month period. The City would like to exercise the right for the renewal of this Contract for an additional year effective June 5,2017, at the existing pricing, terms and conditions. Please indicate your approval of this offer by having an officer of your firm execute the acceptance portion below and return the original of this letter to Maureen S. Bowman at the address noted below by Tuesday,February 28,2017. Upon execution below by your firm's authorized representative, this letter will be your official notice that the Contract has been extended for one (1) year and no additional documentation will be required. Please be sure any required Insurance Certificates are up-to-date and attached to your response. Also,send us a copy of the most current W-9 form for your business. Thank you for your immediate attention to this matter. Sincerely, ACCEPTANCE By: David Billingsley, CPSM, C.P.M. Officia Signature Chief Procurement Officer VOH-AJ Print Name Vi eE Pke-suuEET" Title ("47,10/7 Date PROCUREMENT AND CONTRACTS DIVISION CITY HALL•400 SOUTH ORANGE AVENUE•P.O.Box 4990•ORLANDO,FLORIDA 32802-4990 PHONE 407.246.2291 •FAx 407.246.2869•CityofOrlando.net•esupplier.cityoforlando.net Rev: 07/26/12 =7w.:;./.;:tr ITY OF ORLANDO December 13,2017 John Schlegel Via email: ischle.czel@pavetechinc.com Pavement Technology, Inc. 24144 Detroit Road Westlake, Ohio 44145 SUBJECT: Renewal of Term Contract for Application of Asphalt Rejuvenating Agent on Various Street Locations in Orlando,FL,IFB15-0224(Amendment 3) Dear John: The subject Contract will expire on June 4,2018. In accordance with the terms and conditions of subject Contract, the Contract may, by mutual assent of the parties, be extended for an additional twelve(12)month period. The City would like to exercise the right for the renewal of this Contract for an additional year effective June 5,2018,at the same terms and conditions. Please indicate your approval of this offer by having an officer of your firm execute the acceptance portion below and return the original of this letter to: . City of Orlando Attention: Fabio Henao 400 S. Orange Avenue,4th Floor Orlando,FL 32801 Upon execution below by your firm's authorized representative, this letter will be your official notice that the Contract has been extended for one (1) year and no additional documentation will be required. The subject Contract new expiration date will be June 4,2019. Please be sure any required Insurance Certificates are up-to-date and attached to your response. Also,send us a copy of the most current W-9 form for your business. Thank you for your immediate attention to this matter. Sincerely, ACCEP j. E/ Jdedez B .�_ Y David Billingsley,CPSM,C.P.M. 0 icia ign.ture Chief Procurement Officer nt Name /qiitle //7 Date PROCUREMENT AND CONTRACTS DIVISION CITY HALL•400 SOUTH ORANGE AVENUE•P.O.Box 4990.ORLANDO,FLORIDA 32802-4990 PHONE 407.246.2291 •FAx 407.246.2869•CityofOrlando.net•esupplier.cityoforlando.net Rev: 07/26/12 ITY OF Oi1JDo February 13, 2019 John Schlegel Via email:jschlegel@pavetechinc.com Pavement Technology, Inc. 24144 Detroit Road Westlake,Ohio 44145 SUBJECT: Renewal of Term Contract for Application of Asphalt Rejuvenating Agent on Various Street Locations in Orlando,FL,IFB15-0224 (Amendment 4) Dear John: The subject Contract will expire on June 4,2019. In accordance with the terms and conditions of subject Contract, the Contract may, by mutual assent of the parties, be extended for an additional twelve(12)month period. The City would like to exercise the right for the renewal of this Contract for an additional year effective June 5,2019,at the same terms and conditions. Please indicate your approval of this offer by having an officer of your firm execute the acceptance portion below and return the original of this letter to: City of Orlando Attention: Fabio Henao 400 S. Orange Avenue,4th Floor Orlando,FL 32801 Upon execution below by your firm's authorized representative, this letter will be your official notice that the Contract has been extended for one (1) year and no additional documentation will be required. The subject Contract new expiration date will be June 4,2020. Please be sure any required Insurance Certificates are up-to-date and attached to your response. Also,send us a copy of the most current W-9 form for your business. Thank you for your immediate attention to this matter. Sincerely, ACCEPTAN Si By .✓/ ` j 4 David Billingsley,CPSM,C.P.M. Officia atm - Chief Procurement Officer S(d SCI n ►U if-01m {' Print Name Secre-€a r -rrea s u rer 2 ' 2)6 'T 19 Date PROCUREMENT AND CONTRACTS DIVISION CITY HALL•400 SOUTH ORANGE AVENUE•P.O.Box 4990.ORLANDO,FLORIDA 32802-4990 PHONE 407.246.2291 •FAX 407.246.2869•CityofOrlando.net•esupplier.cityoforlando.net Rev: 07/26/12 1