8-02a. Scope of Work Paint Contract 2021V2.docx

Attachment C Scope of Work

Pavement Marking Acrylic Water Based Paint

PART 1 GENERAL

1.1 PURPOSE OF THIS SOLICITATION

A. This contract is to provide Utah Department of Transportation (UDOT) with Pavement Marking Waterborne Traffic Paint in white, yellow, and black meeting UDOT standard specification 02765: Pavement Marking - Waterborne Paint.

B. It is anticipated that this contract may result in the award of a contract to a single bidder.

1.2 LENGTH OF CONTRACT

A. The length of the contract will be for 3 Years with two optional one-year renewals.

1.3 DEFINITIONS

A. UDOT – The authorized employee or representative of the Utah Department of Transportation (UDOT), who is authorized to execute work orders under this and other contracts. This may be the Station Foreman, Area Supervisor, District Engineer or other designated UDOT employee.

B. CONTRACTOR – The legal entity contracting with UDOT for performance of prescribed work.

1.4 EXTENT OF WORK

A. Product will be ordered by UDOT on an as-needed basis. UDOT does not guarantee any amount of product to be ordered.

1.5 GUARANTEE OF PRICE

A. The contract delivered pricing will be guaranteed for one (1) year.

B. Following the guarantee period, any request for price adjustment must be for an equal guarantee period, and must be made at least 30-days prior to the effective date. Requests for price adjustment must include documentation supporting the request and demonstrating a logical mathematical link between the current price and the proposed price. Any adjustment or amendment to the contract will not be effective unless approved by UDOT. UDOT will be given the immediate benefit of any decrease in the market, or allowable discount.

1.6 INVOICING

A. Contractor shall submit invoices to UDOT: Utah Department of Transportation Utah Department of Transportation Accounts Payable at the Region addresses listed on the purchase order.

· udotr1payables@utah.gov - Region 1

· r2payables@utah.gov - Region 2

· r3payables@utah.gov - Region 3

· r4statements@utah.gov - Region 4

B. The Purchase Order or Contract number shall appear on all invoices and correspondence. Invoice itemized identifying clearly all products or services purchased. Invoices submitted in a timely manner.

C. In the event UDOT is entitled to a cash discount, the period of computation shall commence on the delivery date or the date of a correct invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval is authorized. UDOT reserves the right to adjust incorrect invoices. UDOT will remit payment by mail or electronic commerce.

D. The Contractor acknowledges untimely billing may adversely affect the Department due to state fiscal constraints imposed upon it as a department of state government. The Contractor waives payment, and waives the right to bring action in law or in equity to recover payment for services, for any and all payments requests the Department does not receive from the Contractor within the timeframe provided under this contract.

1.7 SUBMITTALS

A. Manufacturer and production batch identification for the paint supplied meets scope requirements and UDOT Standard Specification 02765 – Pavement Marking - Waterborne Paint.

PART 2 PRODUCTS

2.1 PAINT

A. Meet the requirements for Section 02765 Pavement Marking - Waterborne Paint specified in Table 1.

B. Meet the requirements for Low Temperature Acrylic Waterborne Paint specified in Table 2. Low temperature acrylic waterborne paint binder (nonvolatile portion of vehicle) shall be 100 percent FASTRACK XSR acrylic polymer, by weight, as determined by infrared analysis or other chemical analysis available to the Department.

Table 1 Pavement Marking - Waterborne Paint (“High Build” Paint) Requirements

Nonvolatile vehicle – Percent by weight vehicle, minimum*

ASTM D 3723

ASTM D 1644

ASTM D 2205

Dry Opacity – Minimum (15 mils wet)

* Binder – 100 percent acrylic cross-linking polymer, by weight, as determined by infrared analysis and other chemical analysis available to the Department. Refer to ASTM D 2205.

Table 2 Low Temperature Acrylic Waterborne Paint Requirements

ASTM D 4451

ASTM D4758

FTMS 141C-Method 4053.1

Nonvolatile vehicle – Percent by weight vehicle, minimum*

ASTM D 2205

ASTM D 2205

or more test cycles successfully

ASTM D 2243

Dry Opacity – Minimum (15 mils wet)

* Percent by weight shall include percent of organic yellow pigment.

C. No-Pick-Up Time

1. Paint may not smear or track three minutes after application to the roadway using standard application equipment, at the mil thickness required, and with an ambient shaded temperature of at least 50 degrees F.

D. Additional Requirements

1. Free of lead, chromium, or other related heavy metals. Refer to ASTM D 5381.

2. Refer to ASTM D 2743 and ASTM D 5381 for tests used to verify paint samples meet ASTM requirements.

E. All Manufacture paint shall be prepared at the factory ready for application.

2.2 CONTAINERS

A. General

1. Each tote shall be plainly marked with the gross, tare, and net weight, the lot number, producer's name and address, emergency contact number, color and type of paint, specification/formula number, date of manufacture, batch number, expiration date and any specific warning labels

2. Tote outlets shall have 'Ever-Tite' or compatible quick coupler

3. Totes shall be capable of being stacked two (2) high when full

4. Totes are to remain property of the supplier

B. Cubical Stainless Steel Totes

1. 250 gal. capacity

2. Fabricated from type 304 stainless steel

3. Minimum 16" dia. manhole opening

4. Bottom outlet of 2" i.d. with full flow non-restrictive valve that is able to swing 90 degrees out from under the tote

5. Minimum 2" sloped bottom

6. Top equipped with one vacuum relief valve and one pressure relief valve

7. Top opening and outlet shall provide for easy installation of liner

8. Capable of being lifted from the top by crane or from the bottom by forklift when full

C. Cubical Polyethylene Totes

1. 250 gal. capacity

2. Fabricated from durable polyethylene

3. Minimum 18" dia. manhole opening

4. Female bottom outlet of 2" inner diameter with full flow non-restrictive valve that is able to swing 90 degrees out from under the tote

5. Minimum 2" sloped bottom

6. Equipped with one vacuum relief valve and one pressure relief valve

7. Top opening and outlet shall provide for easy installation of liner

8. Capable of being lifted from the bottom by forklift when full

D. Cylindrical Stainless Steel Totes

1. Cylindrical shape

2. 345 gal. capacity

3. Fabricated from type 304 stainless steel

4. Minimum 16" dia. manhole opening

5. Bottom outlet 2" inner diameter full flow non-restrictive valve with outlet guard

6. Top equipped with one vacuum relief valve and one pressure relief valve

7. Top opening and outlet shall provide for easy installation of liner

8. Top openings have 17" diameter manhole and 2 inch diameter viewport/fill cap

9. 5 gal. headspace for expansion of paint

10. Capable of being lifted from the top by crane or from the bottom by forklift when full

E. Five Gallon Buckets

1. Two (2) inch diameter spout

F. The finished paint shall be furnished in the container size specified in the purchase order or contract.

PART 3 EXECUTION

3.1 SHIPPING

A. All orders must be received by UDOT within 30 calendar days of the Order date, failure to do so will result in a 5% discount on ordered product for every 14 days past the 60-day period. To a maximum of 20%.

B. Seller must notify UDOT that the order has been shipped and provide an approximate delivery date to UDOT within seven calendar days of the approximate delivery date.

C. Seller errors in orders shall be corrected by the seller without penalty to UDOT. Seller must correct all errors regardless of fault within 14 calendar days of receiving notice of the error from UDOT.

D. Paint received can be no older than 3 months from date of manufacture E. Display “Manufacture Date” clearly on paint tote F. Turnaround time for paint tote replacement can be no longer than 10 calendar days

3.2 ESTIMATED STATEWIDE ANNUAL PURCHASES

Each Region's estimated annual use is shown below in Table 3. Actual orders may vary.

Table 3: Statewide Estimated Annual Use

Reg

Location

Description

Bladder?

Total

Description

Bladder?

Total 5 Gal.

Buckets 55 Ga1.

Drums

3.3 ITEMIZED PRICE LIST/COST FOR WATERBORNE PAINT

Cost provided is to be based on delivered cost/gal to locations provided in Table 3.

APPENDIX

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:

· Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

· The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C. § 460 I), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

· Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

· The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

· Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

· The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

· Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

· The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

· Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

· Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

· Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq).