REQUEST FOR BID (RFB)

FOR

CRACK FILLER

BID #2020‐09

Issued by:

Portage County Purchasing Department

Bids must be submitted No later than 2:00 PM 03/05/2020 to:

Portage County Purchasing

1462 Strongs Ave Stevens Point WI 54481

LATE BIDS WILL BE REJECTED

There will be a public opening for this Bid

For further information regarding this RFB contact Karen Kluck

At (715) 346‐1333 Email: kluckk@co.portage.wi.us

Issued: 02/06/2020

PORTAGE COUNTY BID #2020-09

WISCONSIN PAGE 2 OF 13

TABLE OF CONTENTS

SECTION SUBJECT PAGE #

1. GENERAL INFORMATION AND SCOPE

2. CONTRACT TERM

3. QUESTIONS

4. METHOD OF BID

5. BID SUBMISSION

6. BID RESPONSE REQUIREMENTS

7. METHOD OF AWARD

8. BIDDER/CONTRACTOR QUALIFICATIONS

9. CONTRACT QUANTITIES

10. SPECIFICATIONS

11. F.O.B. DESTINATION FREIGHT INCLUDED

12. SUBCONTRACTING OR THIRD PARTY PAYMENTS

13. FIRM PRICES

14. INVOICING REQUIREMENTS

15. SHIPMENTS, DUPLICATES AND OVER SHIPMENTS

16. CONTRACT CANCELLATION

17. APPEALS PROCESS

ATTACHMENT A – SIGNATURE AND AUTHORITY AFFIDAVIT FORM

ATTACHMENT B – REFERENCES SHEET

ATTACHMENT C – BID OFFER FORM

ATTACHMENT D – STANDARD TERMS AND CONDITIONS

CRAFCO MASTIC ONE 33339 DATA SHEET

CRAFCO MASTIC ONE TYPE 2, 33340 DATA SHEET

CRAFCO POLY‐FIBER TYPE 3, 34250 DATA SHEET

WISCONSIN PAGE 3 OF 13

1. GENERAL INFORMATION AND SCOPE

The County of Portage Wisconsin (County), through its Purchasing Department (Purchasing), requests bids to establish a contract for the purchase of crack filling materials for the Highway Department.

The attached Standard Terms and Conditions shall govern this bid unless specifically modified in these bid documents. Conditions of bid that include the word "must" or "shall,” describe a mandatory requirement. All specifications are defined as mandatory minimum requirements unless otherwise stated. If no bidder is able to comply with a given specification or condition of bid, Purchasing reserves the right to delete that specification or condition of bid. Failure to meet specification requirements shall disqualify your bid. Vendors may not submit their own contract document as a substitute for these terms and conditions.

Retain a copy of these Bid documents for your files. Should you receive an award, these Bid documents become your contract terms and conditions.

Contract Execution: Portage County utilizes a web based electronic signature program (DocuSign) for the execution of contracts that do not require notarization. By submitting your bid you are agreeing to the use of this program to sign documents should you receive an award. There is no cost to the bidder associated with this process.

Definitions: The following definitions are used throughout the RFB documents:

Bidder/Vendor means a company or individual submitting a bid response to this RFB Contractor means bidder awarded the contract County means the County of Portage Wisconsin Purchasing means the County of Portage Purchasing Department RFB means Request for Bid State means the State of Wisconsin Ton means 2000 lbs.

VendorNet means the State of Wisconsin’s electronic purchasing information system

2. CONTRACT TERM

Date of award, through 12/31/2020, with two (2) one‐year renewal options. Any extension must be authorized by mutual agreement of the vendor and the County.

3. QUESTIONS

If a vendor discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in this RFB they shall notify the Procurement Director named below of such error and request a modification or clarification.

Any communications or questions regarding the specifications, or special conditions of bid should be written and submitted to Purchasing as soon as possible, but no later than end of day on 2/20/2020.

Purchasing will respond to questions if necessary by issuing an official addendum, posted on VendorNet and on the Portage County Website. Bidders are responsible for checking these websites for any addenda before submitting a bid. Failure to acknowledge addenda may disqualify your bid.

https://vendornet.wi.gov/ http://www.co.portage.wi.us/

Any correspondence or questions submitted must include the bid number

WISCONSIN PAGE 4 OF 13

Submit questions in writing via email to:

Karen Kluck, Procurement Specialist, e‐mail: kluckk@co.portage.wi.us Phone: 715‐346‐1333

4. METHOD OF BID

Bidder must submit a unit price for each item. All prices must be quoted in U.S. Dollars. Bids requiring an order minimum may be disqualified. Bidder must bid on the enclosed Bid Offer Form.

5. BID SUBMISSION

Bidders must submit an original and one copy including all required materials for acceptance of their bid by the date and time listed on the Bid Cover Sheet. Any bids received after that time and date will be rejected. Receipt of a bid by the US mail system does not constitute receipt of a bid by Purchasing, for purposes of this RFB. Also refer to the Bid Response Requirements.

Faxed and e‐mailed bids are not accepted. Bids must be forwarded to:

Portage County Purchasing

All bids are to be packaged, sealed, and show the following information on the outside of the package:

‐Vendor's Name and Address ‐Request for Bid Title ‐Request for Bid Number ‐Bid Due Date

6. BID RESPONSE REQUIREMENTS

In order for your bid to be considered, the following information must be provided by the due date and time listed on the bid cover page. Include:

6.1 Addendum Cover (Signature) Page(s), if applicable to this bid request

6.2 Signature and Authority Affidavit Form, Attachment A

6.3 References Sheet, Attachment B

6.4 Bid Offer Form, Attachment C

6.5 Two copies of complete specifications, descriptive brochure or detail for the product(s) bid

The Signature and Authority Affidavit submitted in response to this RFB must be signed by the person in the Contractor's organization who is responsible for the decision as to the prices being offered in the Bid or by a person who has been authorized in writing to act as agent for the person responsible for the decision on prices and services. Failure to provide these forms/information with your bid submittal may disqualify your bid. The County encourages all bidders to print their submission double‐sided to save paper

7. METHOD OF AWARD

Award(s) shall be made on the basis of the lowest net unit price per item from a responsive, responsible bidder(s) who meets specifications. The County has included alternate items to be bid in addition to the standard items to be bid. Award on these shall be made on the basis of the lowest net unit price in comparison with other alternate bids and not based on the lowest cost of the standard bid items.

Timeliness of delivery may be considered when making this award. The County reserves the right to award a small amount for testing purposes before awarding a large order.

WISCONSIN PAGE 5 OF 13

8. BIDDER/CONTRACTOR QUALIFICATIONS

To be eligible for a contract award, you must be qualified and able to provide the following:

8.1 Bidder must be an original manufacturer, or distributor and/or dealer authorized by manufacturer.

8.2 Bidder must supply references of three firms to which similar products have been provided during the past five years to a comparable‐sized institution or company. If contacted, all of those references must verify that a high level of satisfaction was provided. Use Attachment B to list references.

8.3 Bidder must be in the business of providing crack filler products for the past five years.

9. CONTRACT QUANTITIES

The estimated annual quantities identified for each item on the Bid Offer Form are for bid purposes only and are based on historical data. The County does not guarantee to purchase any specific quantity. Bids that state the County must guarantee a specific quantity or dollar amount may be disqualified.

10. SPECIFICATIONS

The following specifications are minimum acceptable requirements. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired unless otherwise specified. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish equivalency. The County of Portage shall be the sole judge of equivalency. Failure to provide product specifications and information may disqualify your bid. Any attachments, documents, price lists, etc. to support your bid, must include the bid number. Bid specifications may not be revised without an official written addendum issued by Purchasing.

Materials shall conform to State of Wisconsin Highway Commission specifications. Certified analysis of materials will be at supplier's expense if and/or when Portage County requires testing. The Highway

Department will have the right to procure samples of material at destination point. Failure of materials to comply with State specifications and/or Highway Department requirements shall result in rejection.

There will be no demurrage charges paid by the Highway Department. Late delivery of materials may cause forfeiture of the remaining season's contract.

10.1 Rubberized Joint Filler with Polyester Fibers. Crafco Poly Fiber Type 3, 34250 or equal quality.

10.2 Pavement Patching‐ Crafco Mastic One 33339 or equal quality.

10.3 Pavement Patching – Crafco Mastic One Type 2 33340 or equal quality

10.4 Packaging ‐ All the above products shall be packaged with high strength, low density plexi‐melt packaging that allows the packaging to be put into sealer machine and melted down with the product while leaving no build up in the melting kettle.

11. F.O.B. DESTINATION FREIGHT INCLUDED

Delivery will be made by common carrier or bidder's truck to the Portage County Highway Department, 850 Cubbie Ln, Plover WI 54467. Bid prices should include all packing, transportation, and insurance charges. Failure to bid FOB Destination Freight Included may disqualify your bid.

WISCONSIN PAGE 6 OF 13

12. SUBCONTRACTING OR THIRD PARTY PAYMENTS

All subcontracting shall be pre‐approved by the County. Subcontractors must abide by all terms and conditions of the contract. The prime contractor shall be responsible for all subcontractor(s) work and payment. The County will not pay any subcontractor or third parties directly.

13. FIRM PRICES

Contract pricing may not be increased for the term of the contract. Awarded Contractor(s) may lower pricing during the term of the contract due to general market conditions. The County will review any adjustment of costs in the event of a contract extension.

14. INVOICING REQUIREMENTS

The County’s terms are to pay or reject invoices within 30 days of receipt. Before payment is made, it also must verify that all invoiced charges are correct as per this contract. Only properly submitted invoices shall be officially received for payment. Thus, your prompt payment requires that your invoices be clear and complete in conformity with the instructions below.

All invoices must be itemized showing:

a. order date d. complete product description as

b. vendor name stated on your bid.

c. remit to address e. prices per the contract

15. SHIPMENTS, DUPLICATES AND OVER SHIPMENTS

Upon notification by the County of a duplicate or over shipment, product must be removed at the contractor's expense. If such goods are not removed within 30 days of written notification, the County reserves the right to dispose of them as its own property and shall not be held liable for the cost.

16. CONTRACT CANCELLATION

This Contract may be terminated by either party under the following conditions:

16.1 The County may terminate the contract at any time at its sole discretion by delivering 10 days written notice to the contractor.

If the problem is service performance, contractor will be warned either verbally or in writing of unsatisfactory performance and intent to cancel this contract. Contractor will be given a period of time to ‘cure’ the performance. If the performance does not improve contractor will be given 10 days written notice that the contract will be cancelled.

16.2 If at any time the contractor’s performance threatens the health and/or safety of the County or the public, the County has the right to cancel and terminate the Contract without notice.

17. APPEALS PROCESS

Notices of intent to protest and protests must be made in writing. Protestors should make their protests as specific as possible and should identify Wisconsin Statutes or Portage County Ordinance provisions that are alleged to have been violated.

The written notice of intent to protest the intent to award a contract must be filed with Chris Schultz, Procurement Director, Portage County Wisconsin, 1462 Strongs Ave, Stevens Point, WI 54481, and received in his office no later than five (5) working days after the notice of intent to award is issued.

WISCONSIN PAGE 7 OF 13

The written protest must be received in his office no later than ten (10) working days after the notice of intent to award is issued.

The decision of the Procurement Director may be appealed to the Corporation Counsel Office within (5) working days of issuance. The appeal must allege a violation of a Wisconsin Statute or a Portage County Ordinance provision.

WISCONSIN PAGE 8 OF 13

ATTACHMENT A

SIGNATURE AND AUTHORITY AFFIDAVIT FORM

BIDDING COMPANY NAME: __________________________________________________________

FEIN (Federal Employer ID Number) OR Social Security # (if Sole Proprietorship)

Address: __________________________________________________________________________

City _____________________________ State ________ Zip + 4 _______________________

Number of years in Business _______

Name the person to contact for questions concerning this bid.

Name ___________________________ Title _______________________________

Phone ( ) _______________________ Toll Free Phone ( ) __________________________

Fax ( ) _______________________ Email Address ____________________________

In signing this bid, we also certify that we have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a bid; that this bid has been independently arrived at without collusion with any other bidder, competitor or potential competitor; that this bid has not been knowingly disclosed prior to the opening of bids to any other bidder or competitor; that the above statement is accurate under penalty of perjury.

The undersigned, having familiarized themselves with the conditions affecting the cost of the work, having read completely the specifications, hereby proposes to perform everything required and to provide and furnish labor, materials, equipment, tools and all other services and supplies necessary to produce in a complete and workmanlike manner all of the materials or products described in the specifications relating to this Bid.

I further certify that I have carefully examined he bid documents and all terms herein, and site where the work is to be done and have no agreements to prevent the completion of said work.

Signature Title

Name (type or print) Date

This firm herby acknowledges receipt / review of the following addendum(s) (If any)

Addendum #_____ Addendum #_____Addendum #_____Addendum #_____

WISCONSIN PAGE 9 OF 13

ATTACHMENT B

REFERENCES

Vendor: _______________________________________________________________________

Provide company name, address, contact person, telephone number, and appropriate information on the product(s) and/or service(s) provided to customers similar to those requested in this solicitation document.

Potential subcontractors cannot be references. Any subcontractor arrangement for the completion of this work shall be listed on a separate page.

Company Name: _________________________________________________________________________

Address (include Zip + 4) _____________________________________________________________________

Contact Person: _____________________________________ Phone No. __________________________

E‐Mail Address: ___________________________________________________________________________

Product(s) Used and/or Service(s) Provided: _____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) _____________________________________________________________________

Contact Person: _____________________________________ Phone No. __________________________

E‐Mail Address: ___________________________________________________________________________

Product(s) Used and/or Service(s) Provided: _____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) _____________________________________________________________________

Contact Person: _____________________________________ Phone No. __________________________

E‐Mail Address: ___________________________________________________________________________

Product(s) Used and/or Service(s) Provided: _____________________________________________________

Company Name: _________________________________________________________________________

Address (include Zip + 4) _____________________________________________________________________

Contact Person: _____________________________________ Phone No. __________________________

E‐Mail Address: ___________________________________________________________________________

Product(s) Used and/or Service(s) Provided: _____________________________________________________

WISCONSIN PAGE 10 OF 13

ATTACHMENT C

BID OFFER FORM

Vendor:______________________________________________________________

Line # Description Estimated

Quantity Delivered Price Per

Ton

Rubberized Joint Filler with Polyester Fibers. Crafco Poly Fiber Type 3, 34250 or equal quality with Plexi‐Melt Packaging.

20 Tons

Pavement Patching‐ Crafco Mastic One 33339 or equal quality with Plexi‐Melt Packaging.

25 Tons

3 Pavement Patching – Crafco Mastic One Type 2 33340 or equal quality with Plexi‐Melt Packaging.

25 Tons

Lead time for delivery of products is __________ days after receipt of order

Product literature is included? Yes_____ No______

An original and one copy of all required forms are included in the submittal? Yes_____ No______

Portage County is exempt Federal Excise and Wisconsin Sales Taxes, 77.54(9a). WI Stats.

Portage County’s CES number is ES 43251.

WISCONSIN PAGE 11 OF 13

ATTACHMENT D

STANDARD TERMS AND CONDITIONS

1.0 SPECIFICATIONS: The specifications in this request are the minimum acceptable. When specific manufacturer and model numbers are used, they are to establish a design, type of construction, quality, functional capability and/or performance level desired, unless otherwise specified. When alternates are bid/proposed, they must be identified by manufacturer, stock number, and such other information necessary to establish an acceptable equivalency. The County shall be the sole and final judge of equivalency.

2.0 HOW TO AMEND A REQUEST FOR BID, PROPOSAL OR QUOTE:

2.1 Public Works Projects are subject to Wis Stats 66.0901(5): If a person submits a bid or proposal for the performance of public work under any public contract to be let by a municipality and the bidder claims that a mistake, omission or error has been made in preparing the bid, the bidder shall, before the bids are opened, make known the fact that an error, omission or mistake has been made. If the bidder makes this fact known, the bid shall be returned to the bidder unopened and the bidder may not bid upon the public contract unless it is re‐advertised and relet upon the re‐ advertisement. If a bidder makes an error, omission or mistake and discovers it after the bids are opened, the bidder shall immediately and without delay give written notice and make known the fact of the mistake, omission or error which has been committed and submit to the municipality clear and satisfactory evidence of the mistake, omission or error and that it was not caused by any careless act or omission on the bidder's part in the exercise of ordinary care in examining the plans or specifications and in conforming with the provisions of this section. If the discovery and notice of a mistake, omission or error causes a forfeiture, the bidder may not recover the moneys or certified check forfeited as liquidated damages unless it is proven before a court of competent jurisdiction in an action brought for the recovery of the amount forfeited, that in making the mistake, error or omission the bidder was free from carelessness, negligence or inexcusable neglect.

2.2 Non‐Public Work Projects: After a Request for Bid/Proposal/Quote has been filed with the Portage County Purchasing

Department, the responder may submit an amended response BEFORE THE DUE DATE AND TIME set in the request. All the conditions and provisions of the original Bid/Proposal/Quote will be in effect. No submittals or amendments will be accepted after the due date and time of the request. This does not preclude the County from requesting additional information and/or clarification.

3.0 DEVIATIONS AND EXCEPTIONS: Deviations and exceptions from original text, terms, conditions, or specifications shall be described fully, on the bidder's/proposer's letterhead, signed, and attached to the request. In the absence of such statement, the bid/proposal shall be accepted as in strict compliance with all terms, conditions, and specifications and the bidders/proposers shall be held liable.

4.0 QUALITY: Unless otherwise indicated in the request, all material shall be new, newest model year, and free from defects.

Items which are used, demonstrators, obsolete, seconds, or which have been discontinued are unacceptable without prior written approval by the County.

5.0 QUANTITIES: The quantities shown on this request are based on estimated needs. The County reserves the right to increase or decrease quantities to meet actual needs.

6.0 DELIVERY: Deliveries shall be F.O.B. destination freight prepaid and included unless otherwise specified.

7.0 PRICING AND DISCOUNT: The County qualifies for governmental discounts. Unit prices shall reflect these discounts.

7.1 Unit prices shown on the bid/proposal or contract shall be the price per unit of sale (e.g., gal., cs., doz., ea.) as stated on the request or contract. For any given item, the quantity multiplied by the unit price shall establish the extended price; the unit price shall govern in the bid/proposal evaluation.

7.2 Prices established in continuing agreements and term contracts may be lowered due to general market conditions.

WISCONSIN PAGE 12 OF 13

8.0 RESPONSES TO REMAIN OPEN: Responses must remain open and will be deemed to be open and subject to acceptance until awarding of the bid/proposal is finalized, or a minimum of sixty (60) days unless otherwise specified.

9.0 ACCEPTANCE‐REJECTION: The County reserves the right to accept or reject any or all bids/proposals, to waive any technicality in any bid/proposal submitted, request clarification of any bid/proposal, award a bid/proposal that is not the lowest price, and to accept any part of a bid/proposal as deemed to be in the best interests of the County.

10.0 GUARANTEED DELIVERY: Failure of the Contractor to adhere to delivery schedules as specified or to promptly replace rejected materials shall render the Contractor liable for all costs in excess of the contract price when alternate procurement is necessary. Excess costs shall include the administrative costs and other costs attributable to the delay.

11.0 CONTRACT AND EXECUTION OF CONTRACT: Unless otherwise specified in the bid/proposal, the successful responder agrees to enter into a contract, a copy of which will be on file in the office of the Portage County Purchasing Department. Contractor shall and will well and truly execute and perform this contract under the terms applicable to the satisfaction of the County, and shall promptly make payment to each and every person or party entitled thereto of all the claims for work or labor performed and materials furnished in the performance of this contract.

12.0 ENTIRE AGREEMENT: These Standard Terms and Conditions shall apply to any contract or order awarded as a result of this request except where special requirements are stated elsewhere in the request; in such cases, the special requirements shall apply. Further, the written contract and/or order with referenced parts and attachments shall constitute the entire agreement and no other terms and conditions in any document, acceptance, or acknowledgment shall be effective or binding unless expressly agreed to in writing by the County.

13.0 APPLICABLE LAW AND COMPLIANCE: This contract shall be governed under the laws of the State of Wisconsin. The

Contractor shall at all times comply with and observe all federal and state laws, local laws, ordinances, and regulations which are in effect during the period of this contract and which in any manner affect the work or its conduct. The County reserves the right to cancel this contract if the contractor fails to follow the requirements of s. 77.66, Wis. Stats., and related statutes regarding certification for collection of sales and use tax. The County also reserves the right to cancel this contract with any state or federally debarred contractor or a contractor that is presently identified on the list of parties excluded from federal procurement and non‐procurement contracts.

14.0 LICENSES AND PERMITS: Contractor shall have and/or provide any and all licenses and permits required to perform the work specified and furnish proof of such licensing authorization and permits with their bids if required.

15.0 ASSIGNMENT: No right or duty in whole or in part of the Contractor under this contract may be assigned or delegated without the prior written consent of the County.

16.0 NONEXCLUSIVE CONTRACT: Unless otherwise stated, the County reserves the right to purchase work or materials outside of this contract.

17.0 NONDISCRIMINATION & AFFIRMATIVE ACTION: In connection with the performance of work under this contract, the

Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01(5), Wis. Stats., sexual orientation as defined in s. 111.32(13m), Wis. Stats., or national origin. This provision shall include, but not be limited to, the following:

employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Except with respect to sexual orientation, the contractor further agrees to take affirmative action to ensure equal employment opportunities.

18.0 INDEPENDENT CAPACITY: The parties hereto agree that the contractor, its officers, agents, and employees, in the performance of this agreement shall act in the capacity of an independent contractor and not as an officer, employee, or agent of the County. The contractor agrees to take such steps as may be necessary to ensure that each subcontractor of the contractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant, joint venturer, or partner of the County.

WISCONSIN PAGE 13 OF 13

19.0 SAFETY REQUIREMENTS: All materials, equipment, and supplies provided to the County must comply fully with all safety requirements as set forth by the Wisconsin Administrative Code and all applicable OSHA Standards.

20.0 WARRANTY: Unless otherwise specifically stated, equipment purchased as a result of this request shall be warranted against defects by the Contractor for one (1) year from date of receipt. The equipment manufacturer's standard warranty shall apply as a minimum and must be honored by the Contractor.

21.0 INSURANCE RESPONSIBILITY: If insurance is required, satisfactory proof of the existence and carriage of such insurance of the kinds and limits specified will be required.

22.0 CANCELLATION: The County reserves the right to cancel any contract in whole or in part without penalty due to non‐ appropriation of funds or for failure of the contractor to comply with terms, conditions, and specifications of this contract.

23.0 VENDOR TAX DELINQUENCY: Vendors who have a delinquent Portage County tax liability may have their payments offset by the County.

24.0 OPEN RECORDS: Both parties understand that the County is bound by the Wisconsin Public Records Law, and as such, responses and contracts are subject to and conditioned on the provisions of the law. Contractor acknowledges that it is obligated to assist the County in retaining and producing records that are subject to Wisconsin Public Records Law, and that the failure to do so shall constitute a material breach of the contract, and that the Contractor must defend and hold the County harmless from liability under that law. Except as otherwise authorized, those records shall be maintained for a period of seven (7) years after receipt of final payment under the contract.

25.0 MATERIAL SAFETY DATA SHEET: If any item(s) on an order(s) resulting from this award(s) is a hazardous chemical, as defined under 29CFR 1910.1200, the Contractor shall provide one (1) copy of a Material Safety Data Sheet for each item with the shipped container(s) and one (1) copy with the invoice(s).

26.0 ADVERTISING AND NEWS RELEASES: Reference to or use of the County, any of its departments, officials, or employees, for commercial promotion is prohibited. News releases pertaining to this procurement shall not be made without prior approval of the County. Release of broadcast e‐mails pertaining to this procurement shall not be made without prior written authorization of the County.

27.0 HOLD HARMLESS: The Contractor will indemnify, pay the cost of defense including attorney’s fees, and save harmless the County and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the contractor, or of any of its contractors, in prosecuting work under this agreement.

28.0 FOREIGN CORPORATION: A foreign corporation (any corporation other than a Wisconsin corporation) which becomes a party to this contract is required to conform to all the requirements of Chapter 180, Wis. Stats., relating to a foreign corporation and must possess a certificate of authority from the Wisconsin Department of Financial Institutions, unless the corporation is transacting business in interstate commerce or is otherwise exempt from the requirement of obtaining a certificate of authority. Any foreign corporation which desires to apply for a certificate of authority should contact the Department of Financial Institutions, Division of Corporation, P. O. Box 7846, Madison, WI 53707‐7846; telephone (608) 261‐ 7577.

29.0 FORCE MAJEURE: Neither party shall be in default by reason of any failure in performance of this contract in accordance with reasonable control and without fault or negligence on their part. Such causes may include, but are not restricted to, acts of nature or the public enemy, acts of the government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather, but in every case the failure to perform such must be beyond the reasonable control and without the fault or negligence of the party.

6165 W. Detroit St. Chandler, AZ 85226

1-800-528-8242 1-602-276-0406 FAX 1-480-961-0513

www.crafco.com

PRODUCT DATA SHEET

MASTIC ONE

PART NO. 33339

READ BEFORE USING THIS PRODUCT

GENERAL Mastic One is a hot applied, pourable, aggregate filled, black color, polymer modified asphalt pavement repair mastic. Mastic One is used for sealing, filling and repairing many distresses in both asphalt concrete and portland cement concrete pavements and bridge deck surfaces that are larger than those typically repaired by crack or joint sealing, but smaller than repairs requiring remove and replace patching procedures. Typical uses include sealing, filling and leveling of wide transverse or longitudinal cracks and joints, filling potholes and utility cuts, localized skin patch repairs, repairs prior to surface treatments, and leveling bridge approaches or faulted areas. When properly applied, Mastic One forms a well bonded, flexible, durable, traffic resistant repair. To use, Mastic One is placed into an appropriate melter (Crafco Patcher II), mixed and heated until application temperature is reached, poured into the prepared repair area and then leveled. Mastic One is formulated to provide neat feathered edge installation. Mastic One is then ready for traffic when it has cooled and solidified. VOC = 0 g/l.

PROPERTIES Properties of the binder, aggregate and appropriately blended and heated Mastic One are as follows:

Property Requirement

POLYMER MODIFIED BINDER

Cone Penetration, 77°F (25°C) (ASTM D5329) 60 max Cone Penetration, 122°F (50°C) (ASTM D5329) 120 max Softening Point (ASTM D36) 200°F (93°C) min Flexibility (1ʺ[25.4 mm], 180°, 10 sec) (ASTM D3111 modified) Pass at 32°F (0°C)

AGGREGATE

Abrasion Resistance (ASTM C131) 35% max

BLENDED PRODUCT

Flexibility, 32°F (0°C) (PTM 3) Pass Adhesion, 77°F (25°C) (PTM 4) 25 PSI (172 KPA) min Specific Gravity 1.7 – 2.0 Minimum Application Temperature 375°F (190°C) Maximum Application Temperature 400°F (204°C)

Note: Due to unique properties of Mastic One, modified test procedures are required. Test methods PTM 3, 4 are available from Crafco.

INSTALLATION The density of Mastic One is 116 pcf ( +/- 3%) and the weight per gallon is 15.5 lbs/gal (1.86 kg/l) at 60°F (15.5°C). Prior to use, the user must read and follow Installation Instructions for Mastic One to verify proper product selection, heating methods, pavement preparation procedures, application geometry, usage precautions and safety procedures. These instructions are available at www.crafco.com and provided with each pallet of Mastic One.

PACKAGING Mastic One can be supplied in either standard cardboard boxes, or in meltable, boxless PLEXI-melt packaging. Each package contains premeasured poly- mer modified binder and aggregate. Both packaging types are labeled in accordance with OSHA and GHS requirements; include Installation Instructions; are sold by net weight; are supplied interlock stacked on 48 by 40 inch 4 -way pallets; can be stored outside; and are covered with a weather resistant pallet cover and 2 layers of UV protected stretch wrap.

Box packaging consists of cardboard boxes containing 40 lb of product with 60 boxes per pallet. Boxes contain a quick melting release film enabling easy removal of product from the box. Boxes are tape closed, without any staples.

PLEXI-melt packaging consists of 30 lb. (13.6 kg) blocks of product with 70 packages per pallet, weighing 2100 lb. (952 kg). To use, the pallet wrap is removed, and individual blocks are placed in the melter. There are no cardboard boxes or other cardboard components to open, empty, handle, or dispose

of. PLEXI-melt packaging quickly melts into the product without affecting specification conformance.

WARRANTY CRAFCO, Inc. warrants that CRAFCO products meet applicable ASTM, AASHTO, Federal or State specifications at time of shipment.

Techniques used for the preparation of the cracks and joints prior to sealing or filling are beyond our control as are the use and application of the products;

therefore, Crafco shall not be responsible for improperly applied or misused products. Remedies against Crafco, Inc., as agreed to by Crafco, are limited to replacing nonconforming product or refund (full or partial) of purchase price from Crafco, Inc. All claims for breach of this warranty must be made within three (3) months of the date of use or twelve

(12) months from the date of delivery by Crafco, Inc. whichever is earlier. There shall be no other warranties expressed or implied. For optimum performance, follow Crafco recommendations for product installation.

©2018 Crafco, Inc. March http://www.crafco.com/

©2019, Crafco, Inc. #A1284

6165 W Detroit St. • Chandler AZ 85226

+1 (602) 276-0406 • +1 (800) 528-8242 • FAX +1 (480) 961-0513

www.crafco.com

PRODUCT DATA SHEET

MASTIC ONE TYPE 2

PART NO. 33340

OCTOBER 2019

READ BEFORE USING THIS PRODUCT

GENERAL Mastic One Type 2 is a hot applied, pourable, aggregate filled, black color, polymer modified asphalt pavement repair mastic.

Mastic One Type 2 is used for sealing, filling and repairing many distresses in both asphalt concrete and portland cement concrete pavements and bridge deck surfaces that are larger than those typically repaired by crack or joint sealing, but smaller than repairs requiring remove and replace patching procedures. Mastic One Type 2 is best suited for use in areas that experience thermal movement such as wide transverse cracking. Other uses are sealing, filling and leveling of longitudinal cracks and joints, filling potholes and utility cuts, localized skin patch repairs, repairs prior to surface treatments, and leveling bridge approaches or faulted areas. Mastic One Type 2 may not be suitable for some applications where pavement temperatures exceed 158˚F. When properly applied, Mastic One Type 2 forms a well bonded, flexible, durable, traffic resistant repair. To use, Mastic One Type 2 is placed into an appropriate melter (Crafco Patcher II), mixed and heated until application temperature is reached, poured into the prepared repair area and then leveled. Mastic One Type 2 is formulated to provide neat feathered edge installation. Mastic One Type 2 is then ready for traffic when it has cooled and solidified. VOC = 0 g/l.

PROPERTIES Properties of the binder, aggregate and appropriately blended and heated Mastic One Type 2 are as follows:

Property Requirement

POLYMER MODIFIED BINDER

Cone Penetration, 77°F (25°C) (ASTM D5329) 80 max Cone Penetration , 122°F (50°C) (ASTM D5329) 140 max Softening Point, (ASTM D36) 190°F (88°C) min Flexibility, 1″ (25.4 mm), 90°, 2 sec) (ASTM D3111 modified) Pass at 0°F (-18°C)

AGGREGATE

Abrasion Resistance (ASTM C131) 35% max

BLENDED PRODUCT

Flexibility, 0°F (-18°C) (PTM3) Pass Adhesion, 63°F (17°C) (PTM4) 25 PSI (172 KPA) min Specific Gravity 1.7 -2.0 Minimum Application Temperature 375°F (190°C) Maximum Application Temperature 400°F (204°C)

Note: Due to unique properties of Mastic One Type 2, modified test procedures are required. Test methods PTM 3, 4 are available from Crafco

INSTALLATION The density of Mastic One Type 2 is 116 pcf ( +/- 3%) and the weight per gallon is 15.5 lbs./gal (1.86 kg/l) at 60°F (15.5°C).

Prior to use, the user must read and follow Installation Instructions for Mastic One to verify proper product selection, heating methods, pavement preparation procedures, application geometry, usage precautions and safety procedures. These instructions are available at www.crafco.com and provided with each pallet of Mastic One.

PACKAGING Mastic One Type 2 is supplied in either cardboard boxes, or in meltable, box less PLEXI-melt packaging. Each package contains premeasured polymer modified binder and aggregate. Both package types are labeled in accordance with OSHA, GHS, and specification requirements; are sold by net weight; are interlock stacked on 48 x 40 in. (122 x102 cm) 4-way pallets; can be stored outside;

and are covered with a weather resistant pallet cover and 2 layers of UV protected stretch wrap.

o BOX packaging consists of cardboard boxes containing approximately 40 lb. (18.1 kg) of product with 60 boxes per pallet, weighing approximately 2400 lb. (1088 kg). Boxes contain a quick melting release film for easy removal and are taped closed, without any staples.

o PLEXI-melt packaging consists of 30 lb. (13.6 kg) blocks of product with 70 packages per pallet, weighing 2100 lb. (952 kg). To use, the pallet wrap is removed, and individual blocks are placed in the melter. There are no cardboard boxes or other cardboard components to open, empty, handle, or dispose of. PLEXI-melt packaging quickly melts into the product without affecting specification conformance.

WARRANTY CRAFCO, Inc. warrants that CRAFCO products meet applicable ASTM, AASHTO, Federal or State specifications at time of shipment. Techniques used for the preparation of the cracks and joints prior to sealing or filling are beyond our control as are the use and application of the products; therefore, Crafco shall not be responsible for improperly applied or misused products. Remedies against Crafco, Inc., as agreed to by Crafco, are limited to replacing nonconforming product or refund (full or partial) of purchase price from Crafco, Inc. All claims for breach of this warranty must be made within three (3) months of the date of use or twelve (12) months from the date of delivery by Crafco, Inc. whichever is earlier. There shall be no other warranties expressed or implied. For optimum performance, follow Crafco recommendations for product installation.

Applicable Pavement Temperatures

6165 W Detroit St. • Chandler AZ 85226

+1 (602) 276-0406 • +1 (800) 528-8242 • FAX +1 (480) 961-0513

www.crafco.com

PRODUCT DATA SHEET

POLY-FIBER TYPE 3

PART NO. 34250

SEPTEMBER 2017

READ BEFORE USING THIS PRODUCT

GENERAL Crafco Poly-Fiber Type 3 is a hot-applied fiber modified asphalt based product used to fill cracks in asphalt or Portland cement concrete pavements in moderate to cold climates. Poly-Fiber Type 3 is supplied in solid form which when melted and properly applied forms a highly adhesive and flexible compound that resists winter cracking and resists flow at summer temperatures. Poly-Fiber Type 3 is used in highway, street and airfield pavements and is applied to cracks using pressure feed melter applicators. Crafco Poly-Fiber Type 3 sealant contains fibers and is suitable for sealing joints and cracks in sloping surfaces. Crafco Poly-Fiber Type 3 is suitable for use on canals and reservoirs in waterproofing applications. At application temperature Poly-Fiber Type 3 is a highly viscous, non-self-leveling product. The asphalt base used in Poly-Fiber Type 3 is polymer modified which improves low temperature flexibility and cracking resistance and also high temperature stiffness properties compared to fiber sealing products using non-modified asphalts. Poly-Fiber Type 3 is plant blended, so problems with field blending of fibers are eliminated. Poly-Fiber Type 3 has been a quality Crafco product for over 25 years. VOC = 0 g/l.

USAGE GUIDELINES Poly-Fiber Type 3 is applicable for Filler/Overband use in moderate to hot climates with high and low temperatures identified in the chart.

Pavement temperatures for the project location are determined using FHWA LTBBBind V 3.1 and sealant or filler use is determined following Crafco Product Selection Procedures.

Lo w

T em pe ra tu re

C

High Temperature (°C) °C 52 58 64 70 76 82

-10 -16 -22 -28 -34 -40 -46

Filler / Overband Use

SPECIFICATION CONFORMANCE Crafco Poly-Fiber Type 3 contains 5+/-1% polyester fibers by weight of asphalt components blended with high quality modified asphalt cement:

Fiber Properties Type Polyester Denier 3 to 6 Length 0.25 inches (6 mm) Specific Gravity 1.38 Melt Temperature 478°F – 490 °F (248°C – 254°C) Tensile Strength 78,000 – 88,000 PSI (53708 – 60632 N/cm2) Elongation at Break 35 - 38%

Specification limits for Crafco Poly-Fiber Type 3 when heated in accordance with ASTM D5167 are:

Property Poly-Fiber Type 3 Limits Minimum Application Temperature 350°F (177°C) Maximum Heating Temperature 400°F (204°C) Softening Point (ASTM D36) 200 °F (93°C) min.

Flexibility, 1/8” (3.2mm) specimen, 90° Bend, 10 sec, Pass @ 0°F (-18°C) 1” (25MM mandrel) (ASTM D3111 modified) Cone Penetration (ASTM D5329) 30 max.

Ductility, 77°F (25°C) (ASTM D113) 10 cm min.

Asphalt Compatibility (ASTM D5329) Pass

INSTALLATION The unit weight of Crafco Poly-Fiber Type 3 is 9.0 lbs per gallon (1.08 kg/L) at 60°F (15.5°C). Prior to use, the user must read and follow Installation Instructions for Poly-Fiber, Fiber Asphalt, and High Slope Products to verify proper product selection, heating methods, pavement preparation procedures, application geometry, usage precautions and safety procedures. These instructions are provided with each pallet of product.

PACKAGING Product is supplied in either cardboard boxes, or in meltable, boxless PLEXI-melt packaging. Both package types are labeled in accordance with OSHA, GHS, and specification requirements; are sold by net weight; are interlock stacked on 48 x 40 in. (122 x102 cm) 4-way pallets; can be stored outside; and are covered with a weather resistant pallet cover and 2 layers of UV protected stretch wrap.

BOX packaging consists of cardboard boxes containing approximately 30 lb. (13.6 kg) of product with 75 boxes per pallet, weighing approximately 2250 lb. (1020 kg). Boxes contain a quick melting release film for easy removal and are taped closed, without any staples.

PLEXI-melt packaging consists of 30 lb. (13.6 kg) blocks of product with 70 packages per pallet, weighing 2100 lb. (952 kg). To use, the pallet wrap is removed, and individual blocks are placed in the melter. There are no cardboard boxes or other cardboard components to open, empty, handle, or dispose of. PLEXI-melt packaging quickly melts into the product without affecting specification conformance.

WARRANTY CRAFCO, Inc. warrants that CRAFCO products meet applicable ASTM, AASHTO, Federal or State specifications at time of shipment. Techniques used for the preparation of the cracks and joints prior to sealing or filling are beyond our control as are the use and application of the products; therefore, Crafco shall not be responsible for improperly applied or misused products. Remedies against Crafco, Inc., as agreed to by Crafco, are limited to replacing nonconforming product or refund (full or partial) of purchase price from Crafco, Inc. All claims for breach of this warranty must be made within three (3) months of the date of use or twelve (12) months from the date of delivery by Crafco, Inc.

whichever is earlier. There shall be no other warranties expressed or implied. For optimum performance, follow Crafco recommendations for product installation