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Contract 2025-025ADocusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 AGREEMENT No. 2025-025 PAVEMENT MANAGEMENT THIS AGREEMENT is made and entered into this 18th day of March 2025, by and between the CITY OF CLERMONT, FLORIDA, a municipal corporation under the laws of the State of Florida whose address is: 685 W. Montrose Street, Clermont, Florida (hereinafter referred to as "CITY"), and PAVEMENT TECHNOLOGY, INC., whose address is: 24144 Detroit Road, Westlake, OH 44145, (hereinafter referred to as "CONTRACTOR"). WHEREAS, City of Gainesville, through the public procurement process, awarded an Agreement for Pavement Management Contract No. PWDA-230027-DH; WHEREAS, CITY desires to utilize the above -referenced awarded bid, CONTRACTOR's response thereto, and Agreement in accordance with CITY's procurement policy; and WHEREAS, CONTRACTOR desires to enter into a contract with CITY based on the terms and conditions of the City of Gainesville Contract Number PWDA-230027-DH; WITNESSETH: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK The CONTRACTOR shall furnish pavement management, preservation and surfacing as described in the City of Gainesville Contract Number PWDA-230027-DH, which is attached hereto and incorporated herein as Exhibit "A" and shall perform everything required by this Agreement and the other exhibits attached hereto. Provided, however, that nothing herein shall require CITY to purchase or acquire any items or services from CONTRACTOR that is not specified in CITY's purchase order. To the extent of a conflict between this Agreement and Exhibit "A", the terms and conditions of this Agreement shall prevail and govern. In all instances, the CITY purchasing policy, resolutions, and ordinances shall apply. 2. THE CONTRACT SUM CITY shall pay CONTRACTOR for the faithful performance of the Agreement as set forth in the Agreement documents and the Price Schedule as set forth in Exhibit "B", attached hereto and incorporated herein. 3. TERM AND TERMINATION A. This Agreement is to become effective upon execution by both parties, and shall remain in effect until September 30, 2025 unless terminated or renewed by City of Gainesville. B. Notwithstanding any other provision of this Agreement, CITY may, upon written notice to CONTRACTOR, terminate this Agreement: a) without cause and for CITY's Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 convenience upon thirty (30) days written notice to CONTRACTOR b) if CONTRACTOR is adjudged to be bankrupt; c) if CONTRACTOR makes a general assignment for the benefit of its creditors; d) CONTRACTOR fails to comply with any of the conditions of provisions of this Agreement; or e) CONTRACTOR is experiencing a labor dispute, which threatens to have a substantial, adverse impact upon the performance of this Agreement, without prejudice to any other right or remedy CITY may have under this Agreement. In the event of such termination, CITY shall be liable only for the payment of all unpaid charges, determined in accordance with the provisions of this Agreement, for work properly performed and accepted prior to the effective date of termination. C. Upon mutual Agreement of the parties, this Agreement may be renewed for one (1) additional (2) year terms.. 4. PROVISION OF SERVICES AND COMPLETION OF WORK A. The CONTRACTOR shall only provide to CITY the services contained under the Scope of Work upon receipt of an authorized order from CITY and shall provide the requested items in the timeframe and as set forth in City of Gainesville Contract Number PWDA- 230027-DH or in the specific purchase order or authorized order submitted by CITY. Nothing herein shall obligate CITY to purchase any specific amount of product from CONTRACTOR or create an exclusive purchase agreement between CITY and CONTRACTOR. CITY shall not be obligated or required to pay for any items received until such time as CITY has accepted the items in accordance with the order provided to CONTRACTOR. B. CONTRACTOR, upon receipt of an order hereunder, shall immediately notify CITY if there is an issue or question related to the fulfillment of the order or whether there will be any delay in providing the items requested. Failure of CONTRACTOR to so notify CITY will preclude CONTRACTOR from seeking payment of any kind for any items that were delayed in delivery. Upon receipt of notification of the delay, CITY may, at its sole option, cancel the order and seek the items from any available source. C. It is expressly understood and agreed that the passing, approval, and/or acceptance of any gasoline, diesel, kerosene, LP gas, and bio-diesel herein by CITY or by any agent or representative as in compliance with the terms of this Contract shall not operate as a waiver by the CITY of strict compliance with the terms of this Contract and the CITY may require the CONTRACTOR replace the accepted gasoline, diesel, kerosene, LP gas, and bio-diesel so as to comply with the warranties and specifications hereof. D. COMPANY specifically acknowledges that this Contract does not bind or obligate CITY to purchase any minimum quantity of product during the term hereof. 2 Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 5. PAYMENTS In accordance with the provisions fully set forth in the Contract Documents, the CONTRACTOR shall submit an invoice to the CITY upon completion of the services and delivery of products as set forth in the applicable purchase order. The CITY shall make payment to the CONTRACTOR for all accepted deliveries and undisputed products delivered and services provided within thirty (30) calendar days of receipt of the invoice. 6. DISPUTE RESOLUTION - MEDIATION A. Any claim, dispute, or other matter arising out of or related to this Agreement shall be subject to mediation as a condition precedent to voluntary arbitration or the institution of legal or equitable proceedings by either party. B. The CITY and CONTRACTOR shall endeavor to resolve claims, disputes, and other matters in question between them by mediation. C. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Clermont, Lake County, Florida unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement Agreements in any court having jurisdiction thereof. 7. INSURANCE AND INDEMNIFICATION RIDER 7.1. Worker's Compensation Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance for all its employees connected with the work of this Project and, in case any work is sublet, the CONTRACTOR shall require the subCONTRACTOR similarly to provide Worker's Compensation Insurance for all of the subCONTRACTOR employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such insurance shall comply with the Florida Worker's Compensation Law. In case any class of employees engaged in hazardous work under this Agreement at the site of the Project is not protected under the Worker's Compensation statute, the CONTRACTOR shall provide adequate insurance, satisfactory to the CITY, for the protection of employees not otherwise protected. 7.2. CONTRACTOR's Commercial General Liability Insurance The CONTRACTOR shall take out and maintain during the life of this Agreement, Commercial General Liability and Business Automobile Liability Insurance as shall protect it from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operating under this Agreement whether such operations are by itself or by anyone directly or indirectly employed by it, and the amount of such insurance shall be as follows: A. CONTRACTOR's Commercial General Liability, $1,000,000 Each ($2,000,000 aggregate). Liability Coverages, Bodily Injury Occurrence, & Property Damage Combined Single Limit 3 Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 B. Automobile Liability Coverages, $1,000,000 Each, Bodily Injury & Property Damage Occurrence, Combined Single Limit The insurance clause for both BODILY INJURY AND PROPERTY DAMAGE shall be amended to provide coverage on an occurrence basis. 7.3. Indemnification Rider A. To the fullest extent permitted by law, the CONTRACTOR shall indemnify and hold harmless the CITY and its employees from and against all claims, damages, losses, and expenses, including but not limited to reasonable attorney's fees, arising out of or resulting from its performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), and (2) is caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not such acts are caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right to obligation of indemnity which would otherwise exist as to any party or person described in this Article; however, this indemnification does not include the sole acts of negligence, damage or losses caused by the CITY and its other contractors. B. In any and all claims against the CITY or any of its agents or employees by any employee of the CONTRACTOR, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligations under this Paragraph shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the CONTRACTOR or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. C. The CONTRACTOR hereby acknowledges receipt of ten dollars and other good and valuable consideration from the CITY for the indemnification provided herein. 8. NOTICES All notices shall be in writing and sent by United States mail, certified or registered, with return receipt requested and postage prepaid, or by nationally recognized overnight courier service to the address of the party set forth below. Any such notice shall be deemed given when received by the party to whom it is intended. CONTRACTOR: 4 Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 Pavement Management 24144 Detroit Road, Westlake, OH 44145 Attn: Susan Durante, Secretary/Treasurer OWNER: City of Clermont 685 W. Montrose Street, Clermont, FL 34711 Attn: Rick Van Wagner, Interim City Manager Either party may change the name of the person receiving notices and the address at which notices are received by so advising the other party in writing. 9. MISCELLANEOUS 9.1. Attorneys' Fees In the event a suit or action is instituted to enforce or interpret any provision of this Agreement, the prevailing party shall be entitled to recover such sum as the Court may adjudge reasonable as attorneys' fees at trial or on any appeal, in addition to all other sums provided by law. 9.2. Waiver The waiver by CITY of breach of any provision of this Agreement shall not be construed or operate as a waiver of any subsequent breach of such provision or of such provision itself and shall in no way affect the enforcement of any other provisions of this Agreement. 9.3. Severability If any provision of this Agreement or the application thereof to any person or circumstance is to any extent invalid or unenforceable, such provision, or part thereof, shall be deleted or modified in such a manner as to make the Agreement valid and enforceable under applicable law, the remainder of this Agreement and the application of such a provision to other persons or circumstances shall be unaffected, and this Agreement shall be valid and enforceable to the fullest extent permitted by applicable law. 9.4. Amendment Except for as otherwise provided herein, this Agreement may not be modified or amended except by an Agreement in writing signed by both parties. 5 Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 9.5. Entire Agreement This Agreement, including the documents incorporated by reference, contains the entire understanding of the parties hereto and supersedes all prior and contemporaneous Agreements between the parties with respect to the performance of services by CONTRACTOR. 9.6. Assignment Except in the event of a merger, consolidation, or other change of control pursuant to the sale of all or substantially all of either parry's assets, this Agreement is personal to the parties hereto and may not be assigned by CONTRACTOR, in whole or in part, without the prior written consent of CITY. 9.7. Venue The parties agree that the sole and exclusive venue for any cause of action arising out of this Agreement shall be Lake County, Florida. 9.8. Applicable Law This Agreement and any amendments hereto are executed and delivered in the State of Florida and shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of Florida. 9.9. Public Records The CONTRACTOR expressly understands records associated with this project are public records and agrees to comply with Florida's Public Records law, including the following: A. Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services contemplated herein. B. Provide the public with access to public records on the same terms and conditions that the CITY would provide the records and at a cost that does not exceed the cost provided in Florida's Public Records law or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to the CITY all public records in possession of CONTRACTOR upon the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. The CONTRACTOR shall make reasonable efforts to provide all records stored electronically to the CITY in a format compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, THE 0 Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 CONTRACTOR SHALL CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS AT THE CITY CLERK'S OFFICE, (352) 241-7331. 10. AGREEMENT DOCUMENTS The Agreement Documents, as listed below, are herein made fully a part of this Agreement as if herein repeated. Document Precedence: A. This Agreement B. Purchase Order / Notice To Proceed C. An applicable Contractor Quote or Statement of Work D. All documents contained in the City of Gainesville Contract Number PWDA-230027- DH. 7 Docusign Envelope ID: 52717BB1-1E61-4FFA-9BD2-B37D66B4CA27 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. CITY OF CLERMONT Fi Signed by: SIGNATURE Tim Murry ATTEST FDocuSigned by: T, AokAo-,d Nowt SIG$Ap 649�56344A... Tracy Ackroyd Howe FULL NAME FULL NAME Mayor City Clerk TITLE 3/20/2025 DATE SIGNED PAVEMENT TECHNOLOGY, INC. DocuSigned by: �(AUJA, VW-" II66EL'3�61546 SIGNATURE Susan Durante FULL NAME 3/20/2025 DATE SIGNED Secretary/Treasurer TITLE TITLE /b-9/2025 DATE SIGNED Docusign Envelope ID: 52717BB1-1E61-4FFA-9BD2-B37D66B4CA27 Exhibit A City of Gainesville Agreement Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 City of Gainesville Department of Financial Services Procurement Division March 10, 2023 VIA EMAIL: dcancciliere@pavetechinc.coin Debbie Cancelliere Pavement Technology, Inc. 24144 Detroit Road Westlake, OI-I 44145 RE: Award Recommendation for ITB- Pavement Management (Preservation & Surfacing) Continuing Services Bid #P\VDA-230027-DH Dear Ms. Cancelliere: Thank you for your proposal on the above -referenced project. We appreciate your time and effort in preparing the proposal that you submitted. For your information, staff is recommending intended award as follows: Asphalt Paving Systems, Inc. Part 2, 6, 7, 9, 11 Pavement Technology Part 8 Preferred Materials Part 5 Whitehurst & Sons Part 4, 5 Watson Construction Part 1, 2, 3, 4, 10, 11 Services will be requested on the basis of lowest price then scheduling availability. This recommendation is currently scheduled to be presented to the City Commission for their approval on March 6, 2023. The five-day bid protest period ends on March 17, 2023 (posting period is 3/10/23 — 3/17/2023). Pursuant to the City's Financial Services Procedures Manual Section 41-524, the cone of silence period is in effect until the contract is awarded (City Commission approval). "Violation of this provision shall result in disqualification..." If you have any questions, please do not hesitate to contact me at 352-393-8759. We look forward to working with you. 5lllcc rc lv, Diane Holder Procurement Specialist 3 PO Box 490 • Station 32 • Gainesville, Florida 326:27-0490 Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 CONTINUING SERVICES AGREEMENT FOR PAVEMENT MANAGEMENT THIS AGREEMENT is entered into this day 8th of May , 2023, between PAVEMENT TECHNOLOGY, INC., an Ohio corporation registered to do business in Florida ("Contractor") and CITY OF GAINESVILLE, a Florida municipal corporation ("City"). Collectively, the City and Contractor are hereinafter referred to as the "Parties." WITNESSETH: In consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, thereceipt and sufficiency of which is acknowledged by the Parties, the Parties hereby agree as follows: 1 THE WORK. The Contractor shall furnish all labor, material, equipment, and services covered by all documentsattached as exhibits and incorporated by reference in this Agreement, hereinafter collectively referred to as "Contract Documents", which shall include all necessary work and all work incidental thereto (the "Work"). All Work shall be performed and completed in accordance with the Contract Documents. The Contract Documents are made part of this Agreement as set forth herein. Receipt of the Contract Documents are herein acknowledged by the Contractor. 2 TERM AND PRICING. 2.1. Term. The Agreement is effective upon execution by both Parties and shall continue through September 30, 2023 unless earlier terminated as provided herein. The Parties may renew this Agreement for two (2) additional (2) year periods at the same terms and conditions outlined herein. 2.1.1. The City's performance and obligation to pay under this Agreement is contingent upon a specific annual appropriation by the City Commission. The Parties hereto understand that this Agreement is not a commitment of future appropriations. Therefore, the continuation of this Agreement beyond the end of any fiscal year shall be subject to both the appropriation and the availability of funds in accordance with Chapter 129, Florida Statutes, and that the failure of the City Commission to do so shall not constitute a breach or default of this Supplemental Agreement. 2.2. Pricing. The Contractor shall be paid a sum not to exceed $4,000,000.00 per fiscal year. The City shall pay the Contractor in accordance with the pricing, as adjusted as provided herein, contained in Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 Nothing herein shall be construed as creating anypersonal liability on the part of any officer or agent of the City. 49 NO THIRD PARTY BENEFICIARIES. Nothing contained herein shall create any relationship, contractual or otherwise, with, or any rights in favor of, any third party. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed for the uses and purposes therein expressed on the day and year first above -written. PAVEMENT TECHNOL-0-GY, INC. CITY OFGAINESVILLE Cyntrtia Curry Way A.202310:49 E0-n Print NaimL S {(!J Cynthia W. Curry, City Manager Title:V i (_P Pies Lrje" -- Date: :--,D- Date. May 8, 2023 Approved as to Form and Legality L4,2L47 G. Scl va.^ z OjvW C. Schwartz;May 2, 2023 17:15 EDT) Assistant City Attorney 33 Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 EXHIBIT 1: FEE SCHEDULE Asphalt Reiuvenation Asphalt Rejuvenation Unit 10,000 — 25,001— 50,001— 100,001— Over — Spec, 335-4 25,000 50,000 100,000 250,000 250,000 Mobilization Lump Sum 2,500.00 2,500.00 2,500.00 2,500.00 2,500.00 After -Hours percentage 20 20 20 20 20 Mark-up Asphalt Rejuvenation Square Yards 1.50 1.28 1.25 1.18 1.18 Asphalt Rejuvenation Square Yards 3.00 2.80 2.65 2.50 2.45 with TiO2 34 Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 m) Contractor's authorized signature n) QC aggregate properties (if required) o) Asphalt emulsion bill of lading(s) 335-2.11 Acceptance. Allow the Engineer access to in -progress work for quality assurance review and testing. Upon completion of work, schedule an inspection with the City. The City will note deficiencies. Any deficiencies identified during this process will be addressed by the Contractor at no additional cost. 335-2.12 Basis of Payment. 335-2.12.1 General: The micro surfacing shall be paid unit price per square yard, completed and accepted. Such price and payment shall be full compensation for performing all work included in this section, and shall include the cost of all materials, including the cost of the emulsified asphalt and aggregate. Crack sealing, if required, shall be paid for under the appropriate pay item. 335-3 Cape Seal 335-3.1 Description and Payment. Construct a cape seal application by placing a chip seal application in accordance with 335-1 or rejuvenating scrub seal in accordance with 335-5 followed by a micro surface application in accordance with 335-2. Payment will be made in accordance with the separate chip seal or rejuvenating scrub seal and micro -surfacing applications as outlined in the Work Order. 335-4 Asphalt Rejuvenation 335-4.1 Description. The work specified in this section shall consist of furnishing all labor, material, and equipment necessary to perform all operations for the application of an asphalt rejuvenating agent with or without titanium dioxide to asphaltic concrete surface courses. The rejuvenation of surface courses shall be by spray application of a maltene based cationic rejuvenating agent composed of petroleum oils and resins emulsified with water. 335-4.2 Materials. The asphalt rejuvenating agent shall be an emulsion composed of a petroleum resin oil base uniformly emulsified with water. The contractor shall submit a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt rejuvenating emulsion conforms to the required physical and chemical requirements shown in Table 335-13. Asphalt rejuvenating agent with titanium dioxide shall have a minimum of 2.0% TiO2• Table 335-13 Asphalt Rejuvenation Requirements Property Test Methods Requirements ASTM AASHTO Min Max Tests•on:Emulsion:- Viscosi 25°C, SFS D-244 T-59 15 40 Residue, % W D-244 od. T-59 Mod 60 65 Miscibility Test2 D-244 Mod. T-59 Mod No Coa ulation Sieve Test, %W3 D-244 Mod. T-59 Mod 0.1 Particle Charge Test D-244 T-59 Positive Percent Light Transmittance - - 30 Tests ort Restdte, from Afstillaion . .,.:' �... .: r , ` _ a :; �.. .. . -: Flash Point, COC, °C D-92 T-48 196 Viscosity 60°C,cSt D-445 - 100 200 As haltenes %w D-2006-70 - 1.00 Maltene Dist. Ratios D-2006-70 - 0.3 0.6 PC/S Ratios D-2006-70 - 0.5 Saturated H drocarbons,Ss D-2006-70 - 21 28 ASTM D-244 Modified Evaporation Test for percent of residue is made by heating 50 gram sample to 1490C 300°F until foaming ceases, then cool immediately and calculate results. Page 52 - Technical Specifications — Pavement Management Continuing Services Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 2 Test procedure identical with ASTM D-244-60 except that .02 Normal Calcium Chloride solution shall be used in place of distilled water. ' Test procedure identical with ASTM D-244 except that distilled water shall be used in place of two percent sodium oleate solution. Procedure for Determining Percent Light Transmittance on Asphalt Rejuvenating Agent: 1. Scope: This procedure covers the determination of percent light transmittance of the asphalt rejuvenating agent. 2. Apparatus: a. Container may be glass, plastic or metal having a capacity of 6,000 ml. b. Graduated cylinder, 1,000 ml, or greater c. Light transmittance measuring apparatus, such as Bausch and Lomb or Lumberton spectrophotometer d. Graduated pipette having 1 ml capacity to 0.01 ml accuracy e. Suction bulb for use with pipette f. Test tubes compatible with spectrophotometer, 3/4" X 6, Bausch and Lomb, Catalog No. 33-17- 81, (B&L) 3. Calibration of spectrophotometer; calibrate as follows: a. Set wavelength at 580 mu, b. Allow spectrophotometer to warm-up thirty minutes, c. Zero percent light transmittance (%LT) scale, d. Rinse test tube three times with tap water and fill to top of circle marking on B&L test tube or approximately 2/3 full, e. Place tube in spectrophotometer and set %LT scale at 100, and f. Repeat steps c. and e. two times or until no further adjustments are necessary. 4. Procedure: a. Shake, stir or otherwise thoroughly mix emulsion to be tested. Place sample of emulsion in beaker and allow to stand one minute. b. Place 2,000 ml tap water in container. c. Suck 1.00 ml emulsion into pipette using suction bulb. Wipe off outside of pipette. d. Using suction bulb, blow emulsion into container. e. Rinse pipette by sucking in diluted emulsion solution and blowing out. f. Clean pipette with soap or solvent and water. Rinse with acetone. g. Stir diluted emulsion thoroughly. h. Rinse out tube to be used with the diluted emulsion three times and fill to top of circle. i. Calibrate spectrophotometer. j. Place diluted emulsion sample tube in spectrophotometer, cover and read %LT to nearest tenth. k. Repeat steps i. and j. until three identical consecutive readings are achieved. 1. The elapsed time between addition of emulsion to dilution of water and final %LT reading should not exceed 5 minutes. s Chemical Composition by ASTM Method D-2006-70: PC + A, S+A2 PC = Polar Compounds, A, — First Acidaffins, A2 = Second Acidaffins, S = Saturated Hydrocarbons The rejuvenating agent shall have a record of satisfactory service as an asphalt rejuvenating agent and in depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder and provide an in-depth seal. The contractor shall submit a manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The contractor shall submit previous use documentation and test data conclusively demonstrating that; the rejuvenating agent has been used successfully and that the asphalt rejuvenating agent has been proven to perform, as heretofore required, through field testing as to the required change in asphalt binder viscosity. Testing data shall be submitted indicating such product performance on a sufficient number of projects to insure product consistency and reasonable life expectancy. 335-4.3 Material Performance. 335-4.3.1 Maltene Replacement: The asphalt rejuvenating agent shall have the capability to penetrate the asphalt pavement surface. The asphalt rejuvenating agent shall be absorbed and incorporated into the asphalt binder. Verification that said incorporation of the asphalt rejuvenating agent into the asphalt binder has been effected shall be by analysis of the chemical properties the asphalt binder. The viscosity shall be reduced by a minimum of 25% for a pavement two years or less in age, and reduced by a minimum of 40% for a pavement greater than two years in age as determined by dynamic shear rheometer (DSR) method for asphalt testing in Page 53 - Technical Specifications — Pavement Management Continuing Services Docusign Envelope ID: 52717BBI-1 E61-4FFA-9BD2-B37D66B4CA27 accordance with AASHTO T315- 05. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, in the upper 3/8 inch of pavement. In addition, the treated areas shall be sealed in-depth to the intrusion of air and water. The City will require that untreated and treated core samples, a minimum of six inches in diameter, be removed by the Contractor at locations indicated by the City. The treated core sample shall be taken in the same lane in close proximity to each untreated sample. A minimum of one untreated and treated core sample shall be taken for each pavement group or one per 50,000 square yards of treated pavement in each pavement group. 335-4.3.2 Photocatalytic Properties (required for rejuvenator with titanium dioxide only) 335-4.3.2.1 Titanium Dioxide Penetration Test: The TiO2 Enhanced Asphalt Rejuvenating Agent shall have a non-destructive analytical procedure applied to determine the percent of Titanium Dioxide nanoparticles present in each two -millimeter (2mm) layer of the field core sample matrix for a minimum depth of six millimeters (6mm) from the top of the treated sample core. The method of measurement shall be by fluorescent X-ray emitted from the surface when excited by a principal X-ray source that is exceptional for the given element. A hand-held XRF analyzer may be accepted for this testing. The minimum required concentration of Titanium Dioxide nanoparticles per each two -millimeter (2mm) section up to the minimum depth (6mm) shall be 2000 parts per million. 335-4.3.2.2 NO2 Reduction: The Ti02 Enhanced Asphalt Rejuvenating Agent shall be verified for the effectiveness of the air pollution remediation of the Titanium Dioxide nano -particle portion of by laboratory analysis of core samples extracted from the treated pavement as directed and required by the City. The cores shall be a minimum of four inches (4") in diameter and in pairs at each location directed by the City. The cores shall be tested by an accredited laboratory or university with the equipment and capability to perform the following test procedures. A photo reactor test chamber shall be employed that allow for the evaluation of the efficient photocatalytic reduction of introduced NOx gas of a known and controlled concentration within the chambers volume. The chamber light source shall be a UV lamp having a wavelength of 375 nanometers. The interior chamber environment shall be at 77°F with a constant humidity of 55% t5%. The test total duration shall be five hours. The analysis test system shall be based on a Japanese Industrial Standard (JIS) TR Z0018 "Photocatalytic Materials -Air purification test procedure". NO removal efficiency shall be measured using a Model 42i Chemiluminescence NO-NO2-NOx Analyzer (Thermo Fisher Scientific Inc.). The minimum NO reduction following the heretofore outlined test procedure evaluating field core samples shall average 25% for all cores tested. 335-4.4 Equipment. 335-4.4.1 Distributor: The distributor for spreading the emulsion shall be self-propelled, and shall have pneumatic tires. The distributor shall be designed and equipped to distribute the asphalt rejuvenating agent uniformly on variable widths of surface at readily determined and controlled rates from 0.04 to 0.5 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5% of the specified rate. Distributor equipment shall include full circulation spray bars, pump tachometer, volume measuring device and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank. The rate of application shall be controlled by an onboard computer control system designed to uniformly and consistently control the selected application rate in gallons per square yard regardless of the forward speed of the distributor truck. A check of distributor equipment as well as application rate accuracy and uniformity of distribution shall be made when directed by the City. 335-4.4.2 Sand Truck. 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 to lawns. The sand to be used shall be manufactured sand free flowing, without any leaves, dirt, stones, etc. Any wet sand shall be rejected from the job site. Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired or replaced at the direction of the City. 335-4.4.3 Calibration. 335-4.4.3.1 Distributor: Prior to construction, calibrate the distributor in accordance with ASTM D2995-99 in the presence of the City. The distributor shall be moving forward at the proper application speed at the time the spray bar is opened. If at any time a nozzle becomes clogged or not spraying a proper pattern, the operation shall be immediately halted until repairs are made. 335-4.4.3.2 Sand Truck. Prior to construction, calibrate the spreader in accordance with ASTM D5624-02, in the presence of the City. The allowable deviation in the amount of manufactured sand Page 54 - Technical Specifications — Pavement Management Continuing Services Docusign Envelope ID: 52717BBI-1 E61-4FFA-9BD2-B37D66B4CA27 spread on each of the rubber mats shall not exceed plus or minus 1 pound per square yard in the transverse direction, or plus or minus 1 pound per square yard in the longitudinal direction, from the design application rate. 335-4.5 Construction. 335-4.5.1 Layout:: The Contractor will be responsible for the lay out of the roadway and project planning and sequencing to meet traffic control requirements prior to paving. 335-4.5.2 Weather and Seasonal limitations: The asphalt -rejuvenating agent shall not be applied to a wet surface or when rain is occurring or the threat of rain is present immediately before placement. The surface treatment shall not be applied when the temperature is less than 40' in the shade. When applying emulsions, the temperature of the surface shall be a minimum of 597, and no more than 140°F. If unexpected rain occurs prior to material penetration and sanding, the agent shall be reapplied at no cost to the county. Further, the contractor's traffic control and project monitoring shall continue until the application has penetrated, area has been sanded and the resultant surface is not slippery or dangerous to vehicular travel. 335-4.5.3 Preparation of Surface: The contractor will be responsible for blowing or sweeping the road immediately ahead of the application operation to make sure the road is free of standing water, dirt, loose aggregate and other debris. The surface shall be clean and dry prior to the application. 335-4.5.4 Application of asphalt rejuvenating emulsion: 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. 335-4.5.4.1 Material Placement: 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. Before spreading, the asphalt rejuvenating agent shall be blended with water at the rate of two parts rejuvenating agent to one part water, by volume or as specified by the manufacturer. The combined mixture of asphalt rejuvenating agent and water shall be spread at the rate of 0.04 to 0.10 gallons per square yard, or as approved by the Engineer following field testing. Where more than one application is to be made, succeeding applications shall be made as soon as penetration of the preceding application has been completed and the Engineer grants approval for additional applications. Grades or super elevations of surfaces that may cause excessive runoff, in the opinion of the Engineer, shall have the required amounts applied in two or more applications as directed. After the street has been treated, the area within one foot of the curb line on both sides of the road, when directed shall receive an additional uniformly applied treatment of the asphalt rejuvenating emulsion as directed by the engineer. The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt rejuvenating agent. When directed by the Engineer, the Contractor shall take representative samples of material for testing. 335-4.5.4.2 Material Placement: Test Strip for Application Rate: Prior to start of the project, the contractor shall perform test strip applications as directed by the engineer. Test strips shall be performed for each pavement group of similar age and type within the project area. The test strips shall be applied at a minimum width of 6 feet and for a length of 50 feet. A total of three test strips shall be applied at application rates of 0.04, 0.08 and 0.10 gallons per square yard, respectively. The time, in minutes, for essentially complete absorption of the asphalt rejuvenating emulsion shall be recorded for each test strip. The optimal rate to be used in a given area shall be that rate essentially absorbed within 30 minutes. In the event that all three of the standard test rates are absorbed completely within the 30 minute timeframe, then the Contractor and the Engineer shall agree on a fourth test strip application rate. Upon completion of the test strips for each pavement group, the Engineer will determine the final application rate to be applied to each pavement group. 335-4.5.4.3 Sanding/Blotting: After the rejuvenating emulsion has penetrated, and when recommended by the Contractor and approved by the Engineer, a coating of dry manufacture sand shall be applied to the surface in sufficient amount to protect the traveling public as required. All manufactured sand used during the treatment must be removed no later than 24 hours after treatment of a roadway. This shall be accomplished by a combination of hand and mechanical sweeping. All turnouts, cul-de-sacs, etc. must be cleaned of any material to the satisfaction of the Engineer. Street sweeping will be included in the price bid per square yard for asphalt rejuvenating emulsion. If, after Page 55 - Technical Specifications — Pavement Management Continuing Services Docusign Envelope ID: 52717BBI-1 E61-4FFA-9BD2-B37D66B4CA27 manufactured sand is swept and in the opinion of the Engineer a hazardous condition exists on the roadway, the contractor must apply additional manufactured sand and sweep same no later than 24 hours following reapplication. No additional compensation will be allowed for reapplication and removal of materials. 335-4.5.4.4 Handling of Asphalt Rejuvenating Agent: Contents in tank cars or storage tanks shall be circulated at least 45 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 that shall be used as a spreader. The distributor truck will be cleaned of all of its asphalt materials, and washed out to the extent that no discoloration of the emulsion may be perceptible. Cleanliness of the spreading equipment shall be subject to the approval and satisfaction of the Engineer. 335-4.5.4.5 Street Sweeping: The Contractor shall be responsible for sweeping and cleaning of the streets after treatment. 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. 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 reapplication and removal of sand. 335-4.6 Method of Measurement Basis of Payment. Asphalt rejuvenation shall be paid unit price per square yard, completed and accepted. Such price and payment shall be full compensation for performing all work included in this section, and shall include the cost of all materials, equipment, labor and testing. 335-5 Rejuvenating Scrub Seal 335-5.1 Description This work shall consist of furnishing all labor, equipment, material, supplies, and other incidentals necessary to provide an application rejuvenating scrub seal emulsion drag broom and cover coat aggregate as defined below. Meet the applicable requirements for plants, equipment, and construction requirements as defined below. Use asphalt emulsion and stone that meet the requirements of this specification. 335-5.2 Materials 335-5.2.1 Liquid bituminous material for surface treatment: Use CMS-IPC liquid bituminous material conforming to the requirements in Table 335-14. Contractor may substitute an alternative rejuvenating polymer bituminous material if approved, in advance, by the Engineer. Table 335-14 Rejuvenating Scrub Seal Material Designation - Cationic Asphalt Emulsion Emulsion Properties Test Min Max Viscosity, Sa bolt Furol, 771 F 251 C , SFS T59 50 350 Stora e Stability Test, 24-h, % T59 i Oil Distillate, % T59 0.5 Sieve Test, % T59 0.1 Residue by Distillation' a 3507, % T59 GO Residue Properties from Distillation: T59 Penetration, 4°C (39.2°F), 200 g., 60 sec T49 30 Residue Properties from Low Temp Evaporation: PP72-1 I, Procedure B MSCR a, 52°C,1„, g. 3.2kPa ASTM D7405 4.0 Polymer Properties: Swelling in rejuvenating agent, % max weight increase: 48 hours ASTM D471 Mod'- 40% Tensile Strength, PSI ASTM D412A Mod' 800 Page 56 - Technical Specifications — Pavement Management Continuing Services Docusign Envelope ID: 52717BB1-1E61-4FFA-9BD2-B37D66B4CA27 Exhibit B Clermont Proposal Estimate Docusign Envelope ID: 52717BB1-1 E61-4FFA-9BD2-B37D66B4CA27 Pavement Technology, Inc. 24144 Detroit Rd. Westlake, Ohio 44145 Phone: 800-333-6309 440-892-1895 Fax: 440-892-0953 January 16, 2025 Mr. James Maiworm Assistant Director Public Services City of Clermont 12824 Hancock Road Clermont, FL 34711 Dear Mr. Maiworm: We are pleased to offer our proposal to apply Reclamite`R' asphalt rejuvenator to the subdivisions listed below. Subdivision Square Yards Amount Hartwood Landing 100,000 $118,000.00 Highland Ranch 121,209 $143,026.62 Subtotal 221,209 $261,026.62 Mobilization $ 2,500.00 Total $263,526.62 The above pricing includes traffic control, notification of residents and all labor and material necessary to complete the work. All work will be performed in accordance with the Gainesville County contract specifications. Actual field measurements will determine final quantities. Thank you for your continued interest in pavement preservation with Reclamite®. Sincerely, Chris Evers cevers(&,pavetechinc. com