274-TM-3-25.pdf

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Attached to
Asphalt Rejuvenation Service
Solicitation number
274-TM-3-25
Issued by
Wake County, North Carolina

About this file

This Request for Proposals (RFP) is issued by the City of Raleigh, North Carolina's Transportation - Maintenance Department, seeking a contractor for asphalt rejuvenation services. The RFP (#274-TM-3-25) solicits proposals for applying a Maltene Asphalt Rejuvenator with Photocatalytic Titanium Dioxide to asphaltic concrete surface courses throughout the city. The project aims to create pollution-reducing and solar reflectant pavement surfaces. Proposals are due on April 17, 2025, by 2:00 PM, with a potential pre-proposal conference scheduled for April 1, 2025. The contract will have a one-year term beginning on the date of city signature, with work to be completed between June 1 and October 15, 2025.

The project involves treating approximately 399,359 square yards of streets across various Raleigh neighborhoods, with streets listed in Appendix VII. The treatment requires a specific asphalt rejuvenating emulsion that penetrates the pavement surface, reduces asphalt binder viscosity, and incorporates titanium dioxide nanoparticles to help reduce atmospheric pollutants. Proposers must submit detailed documentation, including manufacturer certifications, previous use documentation, and test data demonstrating the product's performance. The evaluation will be based on criteria including corporate background, financial stability, project understanding, approach, team experience, and proposed cost, with a two-stage evaluation process potentially including interviews or demonstrations.

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Request for Proposals # 274-TM-3-25

Title: Asphalt Rejuvenation Service

Issue Date: March 25, 2025

Due Date: April 17, 2025 not later than 2:00 PM

Issuing Department: Transportation - Maintenance

Direct all inquiries concerning this RFP to:

Daniel Callahan - Procurement Analyst Email: daniel.callahan@raleighnc.gov

James Simmons – Senior Streets Project Manager

Email: James.simmons@raleighnc.gov

**LATE PROPOSALS WILL NOT BE ACCEPTED**

mailto:daniel.callahan@raleighnc.gov

Table of Contents

1. Introduction

1.1 Purpose

1.2 Background

1.3 RFP Timeline

1.4 Pre-Proposal Conference

1.5 Proposal Question

1.6 Proposal Submission Requirements & Contact Information

1.7 MWBE Participation Form

1.8 Rights to Submitted Material

1.9 Communications

1.10 Lobbying

1.11 Conflicts of Interest

1.12 Proposer Expenses

1.13 Proposer Acceptance

2. Proposals

2.1 Request for Proposals Required Document Format

2.2 RFP Documents

3. Proposal Evaluation

3.1 Proposal Evaluation Criteria (Stage 1)

3.2 Interview/Demonstration (Stage 2)

3.3 Final Selection

3.4 Notice to Proposers Regarding RFP Terms & Conditions

4. Contract Term…………………………………………………………………15

5. Scope of Services

Appendix I – Proposal Cost Form

Appendix II – Proposer Questionnaire

Appendix III – Reference Questionnaire (Instructions)

Appendix III – Reference Questionnaire Form

Appendix IV – MWBE Participation Form

Appendix V – Contract Standard Terms & Conditions

Appendix VI – Exceptions to RFP

Appendix VII – Street Lists for Bid Alternates…………………………………. 41

1 Introduction

1.1 Purpose

The City of Raleigh (COR) is solicitating proposals from one or more firm(s) with which to contract for the following services:

The City of Raleigh Department of Transportation/Field Services proposes to contract services for the application of an asphalt rejuvenating agent to asphaltic concrete surfaces throughout the City of Raleigh. The successful proposer shall provide all labor, materials and equipment necessary to perform the work required for the rejuvenating services and shall provide a proposal for Maltene Asphalt Rejuvenator with Photocatalytic Titanium Dioxide in accordance with attached treatment list.

A detailed scope of services is provided in Section 5 of this solicitation.

All information related to this solicitation, including any addenda, will be posted to the North Carolina Electronic Vendor Portal at: https://evp.nc.gov/solicitations/

All questions related to this solicitation must be submitted in writing (via email) to the following individuals:

Daniel Callahan Daniel.Callahan@raleighnc.gov

James Simmons James.simmons@raleighnc.gov

1.2 Background

The City of Raleigh, the Capital City of North Carolina, remains one of the fastest growing areas in the country. A great economy, top educational institutions, and exceptional health care facilities are some of the characteristics that attract people to the triangle area. The mild climate, diverse work force and proximity to Research Triangle Park combine to make Raleigh a great place to live.

Raleigh is a 21st Century City of Innovation focusing on environmental, cultural, and economic sustainability. The City conserves and protects our environmental resources through best practice and cutting-edge conservation and stewardship, land use, infrastructure and building technologies. The City welcomes growth and diversity through policies and programs that will protect and enhance Raleigh’s existing neighborhoods, natural amenities, history, and cultural and human resources for future generations. The City leads to improve quality of life for neighborhoods and standard of living for all citizens. The City works with universities, colleges, citizens, and local partners to promote new technology, create new job opportunities, and encourage local businesses and entrepreneurs. The City enlists and prepares 21st Century staff with the skill sets to carry out the duties of https://evp.nc.gov/solicitations/ mailto:Daniel.Callahan@raleighnc.gov mailto:James.simmons@raleighnc.gov the City through transparent civic engagement and by providing the very best customer service to our citizens.

The City of Raleigh Department of Transportation maintains an array of asphalt surfaced streets across our Capital city. The department continues to rejuvenate our streets as part of our greater citywide pavement preservation program.

Rejuvenation also provides a unique opportunity to applicate city streets with products that reduce urban heat island and abate the harmful effects of pollution.

1.3 Request for Proposal (RFP) Timeline

Provided below is a list of the anticipated schedule of events related to this solicitation. The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the service. All times shown are Eastern Time (ET):

Provided below is a list of the anticipated schedule of events related to this solicitation. The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the service. All times shown are Eastern Time (EST):

1.4 Pre-Proposal Conference

If the City of Raleigh elects to conduct a Pre-Proposal Conference or Site Visit, attendance by prospective proposers is mandatory. Prospective Proposers are encouraged to submit written questions in advance. Date, time, and location of pre-proposal conference is shown above in Section 1.3, entitled RFP Timeline.

Contact James Simmons at james.simmons@raleighnc.gov for a virtual invitation to the pre-proposal meeting.

RFP Process Date and Time

RFP Advertisement Date March 25, 2025

Pre-Proposal Conference (if required)

April 1, 2025 virtual at 11:00am

Deadline for Written Questions April 8, 2025 by 5:00pm

City Response to Questions (anticipated)

April 10, 2025 by 5:00pm

Proposal Due Date and Time April 17, 2025 by 2:00pm

Evaluation Meeting (anticipated) Week of April 21, 2025

Selection Announced (tentative) May 6, 2025 City Council Meeting (Consent Agenda) mailto:james.simmons@raleighnc.gov

1.5 Proposal Question

It is the Proposer's responsibility to ensure that all addenda have been reviewed and considered in the preparation of its proposal. Requests for clarification and questions to this RFP must be received by the City not later than the date shown above in Section 1.3, entitled “RFP Timeline” for the submittal of written inquires. The firm’s failure to request clarification and submit questions by the date in the RFP Timeline above shall be considered to constitute the firm’s acceptance of all City’s terms and conditions and requirements. The City shall issue addenda reflecting questions and answers to this RFP, if any, and shall be posted to North Carolina Electronic Vendor Portal (eVP). No information, instruction or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Respondents shall be entitled to rely only on written material contained in an Addendum to this

RFP.

It is important that all Respondents submitting to this RFP periodically check the North Carolina Electronic Vendor Portal (eVP) for any Addenda. It is the Respondents responsibility to ensure that all addenda have been reviewed and, if required signed and returned.

All questions related to this solicitation must be submitted in writing (via email) to the following individual:

Contact Name Email Address

Daniel Callahan

James Simmons daniel.callahan@raleighnc.gov james.simmons@raleighnc.gov

Questions submitted via telephone will not be answered.

1.6 Proposal Submission Requirements and Contact Information

Proposals must follow the format as defined in Section 2 PROPOSALS, and be addressed and submitted as follows:

DELIVERED BY US POSTAL

SERVICE

DELIVERED BY ALL OTHER MEANS

City of Raleigh City of Raleigh ATTN: Daniel Callahan ATTN: Daniel Callahan 2550 Operations Way 2550 Operations Way Suite 223 Suite 223 Raleigh, NC 27604 RFP No. & Title 274-TM-3-25

Raleigh, NC 27604 RFP No. & Title 274-TM-3-25

Proposals must be enclosed in an envelope or package and clearly marked with the name of the submitting company, the RFP number and the RFP Title.

Proposers must submit:

mailto:daniel.callahan@raleighnc.gov mailto:james.simmons@raleighnc.gov

A. one (1) signed original;

B. one (1) electronic version of the signed proposal and;

C. Three (3) copies of proposal.

The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on a Flash Drive. Both hard copy and electronic versions must be received by the City on or before the RFP due date and time provided in Section 1.3. Proposals received after the RFP due date and time will not be considered and will be returned unopened to the return address on the submission envelope or package.

Any requirements in the RFP that cannot be met must be indicated on Appendix V, “Exceptions to the RFP” and submitted with proposal. Proposers must respond to the entire Request for Proposals (RFP). Any incomplete proposal may be eliminated from competition at the discretion of the City of Raleigh. The City reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest.

Proposals that arrive after the due date and time will not be accepted or considered for any reason whatsoever. If the Firm elects to mail in its response, the Firm must allow sufficient time to ensure the City’s proper receipt of the package by the time specified in Section 1.3, “RFP Timeline”. Regardless of the delivery method, it is the responsibility of the Firm to ensure that their response arrives at the designated location specified in this Section by the due date and time specified in Section 1.3, “RFP Timeline”.

1.7 MWBE Participation Form

The City of Raleigh prohibits discrimination in any manner against any person based on actual or perceived age, race, color, creed, national origin, sex, mental or physical disability, sexual orientation, gender identity or expression, familial or marital status, religion, economic status, or veteran status. The City maintains an affirmative policy of fostering, promoting, and conducting business with women and minority owned business enterprises.

Complete and submit the MWBE Participation Form (Appendix IV) with your proposal.

1.8 Rights to Submitted Material

All proposals and supporting materials, as well as correspondence relating to this RFP, shall become the property of the City. The content of all submittals will be held confidential until the selection of the firm is made. Proposals will be reviewed by the Evaluation Team, as well as other City staff and members of the general public who submit public record requests. Any proprietary data must be clearly marked. In submitting a Proposal, each Prospective Proposer agrees that the City may reveal any trade secret materials contained in such response to all City staff and City officials involved in the selection process and to any outside consultant or other third party who serves on the Evaluation Team or who is hired by the City to assist in the selection process.

The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this Request for Proposal.

Proposals marked entirely as “confidential”, “proprietary”, or “trade secret” will be considered non-responsive and will be removed from the evaluation process.

1.9 Communications

All communications of any nature regarding this RFP with any City staff, elected City officials, evaluation committee members, are strictly forbidden from the time the solicitation is publicly posted until award. Questions must be submitted in writing to the individual designated in Section 1.1. prior to the deadline provided in Section 1.3.

Violation of this provision may result in the firm’s proposal being removed from consideration.

1.10 Lobbying

By responding to this solicitation, the firm certifies that is has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this RFP.

1.11 Conflicts of Interest

City of Raleigh contracts are controlled by three conflict of interest provisions.

First, federal procurement standards provide in 2 CFR 200.318 (c)(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or a firm which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting. N.C.G.S. § 14-234(a):

(1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (3) No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves.

City of Raleigh Charter Section 3.9 regulates private transactions between the City and its officials and employees. The Charter states:

No member of the City Council, official, or employee of the City of Raleigh shall be financially interested, or have any personal beneficial interest, either directly or indirectly, as agent, representative, or otherwise, in the purchase of, or contract for, or in furnishing any materials, equipment or supplies to the City of Raleigh, nor shall any official or employee of the City of Raleigh accept or receive, or agree to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded or from whom any materials, equipment or supplies may be purchased by the City of Raleigh, by rebate, gift, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation, for recommending or procuring the uses of any such materials, equipment or supplies by the City of Raleigh; no member of the City Council, official or employee of the City of Raleigh shall for his own personal benefit operate, directly or indirectly, any concession in any building or on any lands of the City of Raleigh, nor shall any official or employee of the City of Raleigh bid for or be awarded any contract granting concessionary rights of any nature or kind from the City of Raleigh; it shall be unlawful for any member of the City Council, official or employee of the City of Raleigh to bid for or to purchase or to contract to purchase from the City of Raleigh any real estate, equipment, materials, or supplies of any nature or kind whatsoever, either directly or indirectly, at either public or private sale, either singly, or through or jointly with any other person.

1.12 Proposer Expenses

The City of Raleigh will not be responsible for any expenses incurred by any Proposer in the development of a response to this Request for Proposal or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to City of Raleigh and/or its representatives. Further, the City of Raleigh shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Proposer even if the awarding authority for each entity has formally accepted a recommendation.

1.13 Proposer Acceptance

Submission of any proposal indicates a Proposer’s acceptance of the conditions contained in this RFP unless clearly and specifically noted otherwise on Appendix VI Exceptions to RFP and submitted with proposal. Furthermore, the City of Raleigh is not bound to accept a proposal on the basis of lowest price, and further, the City of Raleigh has the sole discretion and reserves the right to cancel this RFP, and to reject any and all proposals, to waive any and all informalities and/or irregularities and reserves the right to re-advertise this RFP with either the identical or revised scope and specifications if it is deemed to be in the best interests of the

City of Raleigh to do so. The City of Raleigh reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Proposers if it is deemed in the best interest of the City of Raleigh to do so. Moreover, the City of Raleigh reserves the right to make no selection if proposals are deemed to be outside the fiscal constraint or not in the best interest of the City of Raleigh.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

2 PROPOSALS

Responses must follow the format outlined below. The City may reject as non-responsive at its sole discretion any proposal that does not provide complete and/or adequate responses or departs in any substantial way from the required format.

2.1 Request for Proposals Required Document Format

Responses should be divided using tabs to separate each section, listed sequentially as follows:

Tab 1: Cover Letter Provide an introduction letter summarizing the unique proposal of your firm to meet the needs of this service requirement. This letter should be presented on the firm’s official letterhead and signed by an authorized representative who has the authority to enter into a contract with the City on behalf of the firm. Additionally, include the name, address, telephone and email address of the individual who serves as the point of contact for this solicitation.

Tab 2: Corporate Background and Experience Include background information on the firm and provide detailed information regarding the firm’s experience with similar projects.

Provide a list of all similar contracts performed in the past five (5) number of years, accompanied by at least three (3) references (contact persons, firm, telephone number and email address).

Include the total amount invoiced for each listed project, the length of the project, and list of those involved in the project who are also proposed for the subject project named in this solicitation. Failure to provide a list of all similar contracts in the specified period may result in the rejection of the firm’s proposal. The evaluation team reserves the right to contact any or all listed references, and to contact other public entities regarding past performance on similar projects.

Tab 3: Financial Information Review and provide one of the following three (3) financial statement options:

1. Recent audited or reviewed financial statements prepared by an independent certified public accountant (CPA) that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the audited or reviewed financial statements were prepared more than six (6) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures from the date of the audited or reviewed financial statements to the end of the most recent financial reporting period (i.e., the quarter or month preceding the issuance date of this RFP)).

OR

2. Recent compiled financial statements prepared by an independent CPA that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the compiled financial statements were prepared more than three (3) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures to date), and other evidence of financial stability such as most recently filed income tax return, evidence of a line of credit/loans/other type of financing with statement of amount in use/outstanding balance (e.g., a complete copy commitment letter, loan agreement, billing statement reflecting the line of credit or statement from lender acknowledging the commitment to fund the Proposer’s stated financing), personal guaranty with copies of personal income tax filing and statement of net worth or such other evidence that is accurate, reliable and trustworthy regarding the Proposer’s financial stability.

OR

3. Include a certified, signed statement from a licensed CPA regularly engaged in the review of the firm’s financial information verifying the financial viability of the firm.

All financial information, statements and/or documents provided in response to this solicitation shall be kept confidential provided that EACH PAGE is marked as follows: “CONFIDENTIAL – DO NOT DISCLOSE EXCEPT FOR THE EXPRESS

PURPOSE OF PROPOSAL EVALUATION. “

“Recent” shall be defined as financial statements that were prepared within the 12 months preceding the issuance date of this RFP.

Consolidated financial statements of the Proposer’s parent or related corporation/business entity shall not be considered, unless: (1) the Proposer’s actual financial performance for the designated period is separately identified in and/or attached to the consolidated statements, (2) the parent or related corporation/business entity provides the State with a document wherein the parent or related corporation/business entity will be financially responsible for the Proposer’s performance of the contract and the consolidated statement demonstrates the parent or related corporation’s/business entity’s financial ability to perform the contract, financial stability and/or such other financial considerations identified in the evaluation criteria; and/or (3) Proposer provides its own internally prepared financial statements and such other evidence of its own financial stability identified above.

The firm’s failure to provide any of the above-referenced financial statements may result in the proposal being removed from consideration. Proposers are also encouraged to explain any negative financial information, and to provide documentation supporting those explanations and demonstrating the financial strength of the firm.

Tab 4: Project Understanding, Approach and Schedule This section shall include, in narrative, outline, and/or graph form the offeror’s approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included.

Tab 5: Team Organization, Experience and Certifications/Qualifications This section must include the experience, for the project superintendent and the rejuvenator applicator to be assigned to this project. The project superintendent and applicator shall have a minimum of five (5) years’ experience in applying the product proposed for use on the application. The offer shall provide information as to the qualifications and experience of all personnel to be assigned to this project, citing experience with similar projects and the responsibilities to be assigned to each person.

Tab 6: Cost Fill out section titled “Pricing”. In a separate sealed envelope provide a minimum of 3 complete copies of cost schedule. Hourly rates shall be fully burdened to include all costs, all applicable overhead and profit (including lodging, meals, and transportation). Attach any additional pricing details.

Tab 7: Manufacturer Certification 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.

Tab 8: Warranty The Contractor shall provide workmanship and labor warranty for a period of at least 12 months from the date of completion. The material warranty shall be as offered by the manufacturer.

2.2 RFP Documents

This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference.

3 PROPOSAL EVALUATION

3.1 Proposal Evaluation Criteria (Stage 1)

This is not a bid. There will not be a public opening. The Proposals received in response to this RFP will be evaluated and ranked, by the Proposal Evaluation Committee in accordance with the process and evaluation criteria contained below. Responses will be evaluated in light of the material and substantiating evidence presented in the response, and not on the basis of what is inferred.

After thoroughly reading and reviewing this RFP, each Evaluation committee member shall conduct his or her independent evaluation of the proposals received and grade the responses on their merit in accordance with the evaluation criteria set forth in the following table.

The maximum interview/demonstration points a Proposer can receive is five (5) points. The Proposers selected for interviews/demonstrations under this section will be notified in writing of the date and time. The Proposers’ interview/demonstrations shall be based solely upon information provided in each Proposer’s original proposal. No new information may be presented.

0BCriteria 1B(a) 2BWeight

3B(b) 4BScore (0-3)

5B(a) x (b) 6BWeighted Score

Corporate Background and Experience 20

Firm Financial Stability 20

Project Understanding 20

Project Approach 15

Team Firm Experience 10

Proposed Cost 15

8BFinal Score

Score Points 0- Missing or Does Not Meet Expectation 2- Meets Expectation 1- Partially Meets Expectation 3- Exceeds Expectation

Cost Formula: The cost criterion is rated by giving the proposal with the lowest total cost the maximum number of Cost points available. The remaining proposals are rated by applying the following formula:

1 - B - A x C = D A

A—the lowest Proposer’s cost.

B—the Proposer’s cost being scored.

C—the maximum number of cost points available.

D—Proposer’s cost score (points).

Note: If the formula results in a negative number (which will occur when the Offeror’s cost is more than twice the lowest cost), zero points shall be assigned.

3.2 Interview/Demonstration (Stage 2)

A short-list of firms may be invited to Stage 2 of the evaluation process, the Interview/ Demonstration. Interview/demonstrations are an important aspect of the evaluation process that offers the City an opportunity to see how the proposer’s solution meets the critical components of the RFP.

3.3 Final Selection

Proposals will be evaluated and ranked according to the criteria and weighted values set forth in Section 3.1. Either a final selection for recommendation will be made at this time or the short-list of firms will be invited to participate in Stage 2 of the evaluation process. If Stage 2 is implemented, each firm will be evaluated and assigned a score to determine the best firm for recommendation.

After which negotiations of a contract with the most qualified firm will commence. If negotiations are unsuccessful, the City will then pursue negotiations with the next most qualified firm. All Proposers will be notified of their standing immediately following the City’s decision.

The City shall not be bound or in any way obligated until both parties have executed a contract. The City also reserves the right to delay the award of a contract or to not award a contract.

3.4 Notice to Proposers Regarding RFP Terms and Conditions

It shall be the Proposer’s responsibility to read the Instructions, the City’s contract terms (Appendix IV), all relevant exhibits, attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Proposers are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

4 CONTRACT TERMS

The Contract shall have a term of one year, beginning on the date of the city signature (the “Effective Date”).

5 SCOPE OF SERVICES

Awarded Contractor shall provide services, all as set forth in this RFP and more particularly described in this Section 5.

5.1 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 a penetrating asphalt rejuvenating emulsion with photocatalytic titanium dioxide to asphaltic concrete surface courses to create a pollution reducing and solar reflectant pavement surface. See Attachment VII for the list of streets to be included for application.

The rejuvenation of surface courses shall be by spray application of a petroleum maltene based cationic rejuvenator/pollution remediating emulsion composed of petroleum oils and resins emulsified with water and containing photocatalytic titanium dioxide nanoparticles in a minimum parts per million at a specified depth as hereafter required.

All work shall be in accordance with the specifications, the applicable drawings, and subject to the terms and conditions of this contract.

Two bid alternates are listed for proposal. Proposers must submit pricing on both alternates to be considered.

5.2 Material Specifications

Asphalt Rejuvenator:

The asphalt rejuvenating/pollution remediating emulsion shall be composed of a petroleum resin oil base uniformly emulsified with water.

Each bidder must submit a bid with a certified statement from the asphalt rejuvenator manufacturer showing that the asphalt rejuvenating emulsion conforms to the required physical and chemical requirements.

The asphalt rejuvenating emulsion shall have a record of satisfactory service as an asphalt rejuvenating emulsion and in-depth sealer. Satisfactory service shall be based on the capability of the material to decrease the viscosity of the asphalt binder through the maltene replacement technology method. The asphalt rejuvenating emulsion shall cause a positive increase in the maltene content as a percent of the total volume of binder components as determined by laboratory analysis using testing conforming to ASTM D-2006-70 and provide an in-depth seal to the intrusion of air and water.

The bidder must submit with his bid the manufacturer's certification that the material proposed for use is in compliance with the specification requirements. The bidder must submit with his bid previous use documentation and test data conclusively demonstrating that; the asphalt rejuvenating emulsion has been used successfully for at least five years and that the asphalt rejuvenating emulsion has been proven to perform, as heretofore required, through field testing as to the required change in asphalt binder rheology.

Photocatalytic Titanium Dioxide:

Additionally, the asphalt rejuvenating emulsion, serving as a carrier liquid for titanium dioxide, shall contain catalytic titanium dioxide Nanoparticles in an amount that will impregnate the asphalt pavement to a minimum depth of six (6) millimeters analyzed in two (2) millimeter increments with an average of a minimum of 2000 parts per million catalytic anatase titanium dioxide Nano particles. The described material blend shall hereafter be referred to as the asphalt rejuvenating/pollution abating emulsion.

The titanium dioxide shall be of the anatase type that has been shown to photo catalyze the oxidation of atmospheric pollutants such as oxides of nitrogen (NOx) and volatile organic compounds (VOCs). The photocatalytic titanium dioxide shall be of a n-type semiconductor containing 99.5% TiO2 content comprised of no less than 80% anatase crystallite by weight (plus or minus5%) in a particle size averaging 20nm to 25nm (plus or minus 3nm) with a small portion of rutile crystalline content.

The Bidder must submit with his bid test data from an accredited testing laboratory or qualified university research study indicating that the product proposed for use meets the forgoing requirements.

The Engineer may require treated core samples to be removed from the treated pavement fifteen to thirty days following application of the asphaltic rejuvenating/pollution abating emulsion and tested for asphalt binder rheology adjustment and percentage of pollution reduction. If directed, said testing shall indicate asphalt binder improvement as subsequently specified and the percent of NOx gas reduction and TiO2 Nano-particle impregnated at depth specified. The cores shall be tested by an accredited testing laboratory or university capable of testing the core for depth and amount of Titanium Nanoparticle distribution and required NOx gas reduction capability.

5.3 Material Performance

The asphalt rejuvenating emulsion segment of the asphalt rejuvenating/pollution abating emulsion shall penetrate the asphalt pavement surface. The asphalt rejuvenating emulsion shall be absorbed and incorporated into the asphalt binder.

Verification that said incorporation of the asphalt rejuvenating emulsion into the asphalt binder has been affected shall be by analysis of the chemical properties of the asphalt binder rheology, when directed by the Engineer.

The viscosity shall be reduced by a minimum of 20% for a pavement two years or less in age or for pavements previously treated with the rejuvenator and reduced by a minimum of 30% for a pavement greater than two years in age as determined by dynamic shear rheometer (DSR) method for asphalt testing in accord with AASHTO T315-05. This analysis shall apply to extracted asphalt binder, taken from cores extracted fifteen to thirty days following application, from the upper 3/8 inch of pavement. Said viscosity reduction shall be the average of a sampling of the total treated area. In addition, the treated areas shall be sealed in-depth to the intrusion of air and water.

For use in the afore described testing untreated and treated core samples, a minimum of four inches in diameter, shall be removed by the Contractor at locations indicated by the Engineer. The treated core sample shall be taken in the same lane in close proximity to each untreated sample. When directed by the Engineer, a minimum of one untreated and treated core for each test method shall be taken for each pavement type group or one per 30,000 square yards of treated pavement in each pavement type group.

The pollution abating emulsion segment of the asphalt rejuvenating/pollution abating emulsion shall penetrate the asphalt pavement surface. The emulsion shall penetrate the pavement a minimum of six (6) millimeters carrying the titanium dioxide Nano-particles at an average distribution of 2000 parts per million. Verification of said uniform distribution shall be by analysis at a six (6) millimeter depth in three two (2) millimeter increments using XRF analyzer method. The foregoing shall be performed on additional core samples extracted for this purpose from treated and untreated pavement as heretofore outlined and will have a testing frequency as directed by the Engineer.

The NOx pollution reduction performance shall be verified from cores extracted for this specific evaluation from treated and untreated pavements also as heretofore outlined. The procedure shall be based on the Japanese standard JIS TRT Z 0018 “Photocatalytic materials – Air purification test procedure” ISO equivalent 22197-1.

The minimum reduction in NO2 shall be an average of 25% for all cores evaluated.

5.4 Application Equipment

5.4.1 Asphalt 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 0.08 gallons per square yard of surface, and with an allowable variation from any specified rate not to exceed 5 percent of the specified rate.

Distributor equipment shall include full circulation spray bars; pump tachometer, volume measuring device and a hand hose attachment suitable for application of the emulsion manually to cover areas inaccessible to the distributor. The distributor shall be equipped to circulate and agitate the emulsion within the tank.

The 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 Engineer.

Calibrate the distributor in accordance with ASTM D2995-99 in the presence of the Engineer. The distributor shall be moving forward at the proper application speed at the time the spray bar is opened. If at any time a nozzle becomes clogged or not spraying a proper pattern, the operation shall be immediately halted until repairs are made.

5.4.2 Aggregate Spreader

The truck used for cover aggregate application shall be equipped with a spreader that allows the aggregate to be uniformly distributed onto the pavement. The spreader shall be able to apply 1/2 pound to 3 pounds of aggregate per square yard in a single pass. The spreader shall be adjustable so as not to broadcast aggregate onto driveways or lawns.

The aggregate to be used shall be free flowing, without any leaves, dirt, stones, etc. Any wet material shall be rejected from the job site.

Any equipment that is not maintained in full working order, or is proven inadequate to obtain the results prescribed, shall be repaired or replaced at the direction of the Engineer.

When required by the Engineer the contractor shall calibrate the spreader in accordance with ASTM D5624-02, in the presence of the Engineer. The allowable deviation in the amount of aggregate 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.

5.5 Project 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 surface applications.

Note** - City streets may contain bikeshare stations, separated bike lanes, or otherwise non-standard pavement widths. Contractor shall survey all contract streets to account for possible non-standard applications and shall plan work accordingly for any small areas or low production/hand work.

5.6 Contract Time and Weather / Application Temperature Limitations

The date of availability for this contract will be June 1, 2025. All work shall be complete within a 14-week timeframe from the commencement of work. In no case shall work extend beyond October 15, 2025.

Work Hours Defined

Work may be performed between the hours of 7am and 6pm, Monday through Friday, throughout this contract, except as defined below:

No work on or street obstruction shall occur during the peak traffic hours of

7:00 a.m.-9:00 a.m. or 4:00 p.m.-6:00 p.m., Monday through Friday, on the following streets.

a. Any street within the City having a marked centerline, or having marked lanes.

b. All streets with five (5) or more traffic lanes at the point of work, all streets with two (2) traffic lanes in each direction divided by a median, and all streets within the Central Business District (CBD), the area bounded by East Street, West Street, South Street, and Peace Street.

Work adjacent to traffic lanes may occur during these hours if proper signage and safety precautions are effected as described in latest edition of the Manual on Uniform Traffic Control Devices.

The Contractor shall have monies withheld due to public inconvenience, obstruction and delay to traffic, safety and other considerations, for any work performed on time restricted streets during 7:00 a.m.-9:00 a.m. or 4:00 p.m.-6:00 p.m., Monday-Friday at the rate of $500.00 for every 15 minutes of violation or fraction thereof.

No traffic lane closure (through or turn lane) shall occur on Red Alert Days.

Red Alert Days are determined by North Carolina Ozone Forecast Center, Division of Air Quality.

The Contractor shall notify the Transportation Director 72 hours in advance of any work scheduled on weekends.

Temperature Requirements The asphalt rejuvenating/pollution abating emulsion shall not be applied to a wet surface or when rain is occurring, or the threat of rain is present immediately before placement. The surface treatment shall not be applied when the temperature is less than 40° in the shade. When applying emulsions, the temperature of the surface shall be a minimum of 45°F, and no more than 150°F.

If unexpected rain occurs prior to material penetration, the emulsion shall be reapplied at no cost to the Agency. Further, the contractor's traffic control and project monitoring shall continue until the application has penetrated, area has had the aggregate applied and the surface is safe for vehicular travel.

5.7 Handling of Asphalt Rejuvenating/Pollution Abating Emulsion

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/pollution abating emulsion 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 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.

5.8 Resident Notification

The Contractor shall be responsible for notifying, in writing, all property owners/residents directly affected by this project just prior to beginning work. A copy of this notification shall be submitted and approved by the Transportation Director prior to its issuance to the residents. This also includes all businesses whether owned, leased or rented by the property owner of record. Notices are to be mailed and/or hand delivered. Hand delivered notices shall be door-hanger type printed on card stock.

THE CONTRACTOR shall distribute Notice of Schedule to Rejuvenate (prior notifications) a minimum of 1 WEEK in advance of when work is planned. This notification shall include a statement restricting the placement of leaves, tree trimmings, and any other waste in and/or along the edge of pavement/curb during the thirty days prior to work beginning, during the time work is being performed, and until the work has been inspected/accepted by the project engineer. The contactor shall provide notification to the residents along roadways upon inspection and acceptance of the work.

The CONTRACTOR shall distribute Notice of Work to be performed a minimum of 24 HOURS prior to performing such work.

In the event rejuvenation is scheduled for a weekend or holiday, the notices and signs shall be distributed a minimum of 72 HOURS prior to the rejuvenation.

The CONTRACTOR shall also post “No Parking” signs in conspicuous places facing traffic a minimum of 24 HOURS prior to actual rejuvenation with a maximum spacing of 100’ of center required. A closer spacing may be required as directed by the Raleigh Police Department. Contractor shall provide all stakes and fasteners.

The time of day that No Parking signs and Notices of Work are posted should be recorded along with the license numbers of cars parked on the street at that time and a copy made available for the TRANSPORTATION DIRECTOR and the POLICE DEPARTMENT if towing is necessary.

If towing is necessary, the City of Raleigh Police Department will make the final decision if the vehicles are to be towed. The time and location in which the “No Parking” signs were posted, and the Notices of Work were distributed will be a considering factor for the towing of vehicles.

On the day of actual work, any towing necessary may be carried out under CITY OF RALEIGH Codes Section 11-2181 and Section 12-7006, Section A, Paragraph 6.

Police contact number is 919-829-1911.

Special permission will be required by agencies performing work within the street right-of-way under the following conditions. This permit will be required when:

1. When the traveled portion of the roadway is obstructed between the hours of 7 a.m. to 9 a.m. and 4 p.m. to 6 p.m. if the street involved is marked with either painted center lines or lane lines.

2. Any street which is totally closed to through traffic.

3. Any streets within the Central Business District.

This permit may be obtained from the Transportation Field Services Division, Right-of-Way Services in advance. The TRANSPORTATION DIRECTOR has the authority to approve or deny issuance of any permit.

5.9 Application of Asphalt Rejuvenating/Pollution Abating Emulsion

5.9.1 The asphalt rejuvenating/pollution abating emulsion shall be applied by a distributor truck at the temperature recommended by the manufacturer and at the pressure required for the proper distribution. The emulsion shall be so applied that uniform distribution is obtained at all points of the areas to be treated. Distribution shall be commenced with a running start to ensure full rate of spread over the entire area to be treated. Areas inadvertently missed shall receive additional treatment as may be required by hand sprayer application.

5.9.2 Application of asphalt rejuvenating/pollution abating emulsion 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.

5.9.3 Before spreading, the asphalt rejuvenating/pollution abating emulsion 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/pollution abating emulsion and water shall be spread at the rate of 0.04 to 0.08 gallons per square yard, or as approved by the Engineer following field-testing.

5.9.4 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.

5.9.5 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.

5.9.6 After the street has been treated and as directed by the Engineer, the area within one foot of the curb line or edge of pavement 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.

5.9.7 The Contractor shall furnish a quality inspection report showing the source, manufacturer, and the date shipped, for each load of asphalt rejuvenating/pollution abating emulsion. When directed by the Engineer, the Contractor shall take representative samples of emulsion for testing.

5.10 Test Strip for Application Rate

Prior to the 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, 0.06 and

0.08 gallons per square yard, respectively. The time, in minutes, for essentially complete absorption of the asphalt rejuvenating/pollution abating emulsion shall be recorded for each test strip. The optimal rate to be used in a given area shall be that rate essentially absorbed within 20 minutes.

In the event that all three of the standard test rates are absorbed completely within the 20 minute timeframe, then the Contractor and the City…

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