Bid Document.docx

AASHTO M247 TYPE 2 REFLECTIVE GLASS BEADS SPECIFICATIONS

GENERAL INFORMATION AND REQUIREMENTS

Provide and deliver F.O.B. various Montana Department of Transportation (MDT) (Department) locations as listed herein, AASHTO M247 Type 2 Reflective Glass Beads in keeping with the terms, conditions, specifications, and requirements detailed herein.

Glass Beads shall be delivered by the awarded vendor on an “as needed” basis at a firm cost per pound as established by this solicitation during the contract period from April 15, 2025 through April 14, 2026.

1.1. CONTRACT EXTENSION

This contract may, upon mutual agreement, be extended in one (1) year increments for a period not to exceed a total of three (3) years, [two (2) additional years]. This extension is contingent upon legislative appropriations and in no circumstance may a contract run longer than three (3) years. Extension of this contract will be possible only by way of duplication of the terms and conditions of the original existing contract.

Any intention to extend the contract must be initiated in writing prior to the termination date of the existing contract or termination date of a contract which has been previously extended.

1.2. PRICE ADJUSTMENTS NEGOTIATED BASED ON CHANGES IN VENDOR’S COSTS

After the initial term of the purchase order, each renewal term may be subject to a price adjustment by mutual agreement, including both price increases and decreases. Contractor shall submit a price adjustment request to the Department, including sufficient evidence to substantiate the request. Any price adjustment request must be based on provided evidence that justifies the need for a price adjustment or Contractor can submit a price adjustment request based on the Consumer Price Index (CPI-U) Midwest Region https://www.bls.gov/regions/mountain-plains/news-release/home.htm showing previous year over year change percentage. A price adjustment request not based on the CPI-U must provide clear and convincing evidence that all the following conditions exist:

1. Adjustment incurred is specifically (Allocable) to provide the service for this agreement.

2. The adjustment is the result of changed costs at the manufacturer's level or costs not under the Contractor's control.

3. The adjustment will not produce a higher profit margin for the Contractor beyond that on the original contract; and

4. Price adjustments are reasonable for the services rendered and are consistently applied to both state and non-state contracts.

Price adjustment evidence provided may be independently verified and confirmed by the Department prior to the effective date of an approved price adjustment. At its sole discretion the Department shall accept or reject the Contractor’s proposed price adjustment. Even if Contractor establishes the basis for a price adjustment as described above, the Department is not obligated to agree upon a renewal or a price adjustment. Similarly, the Department reserves the right to propose a price adjustment based on evidence of changed costs or changes in the Consumer Price Index (CPI-U) Midwest Region.

Requests for price adjustments shall be limited to no more than once every year at the time of the contract renewal date. Approved price adjustments will be incorporated by purchase order adjustment and made effective the next approved contract performance period.

1.3. CANCELLATION

This contract may be canceled by the Department for non-performance on the part of the Vendor.

Upon receipt of written notice of non-performance from the Department, the Vendor shall cure the specified item(s) of non-performance within 24 hours.

Failure on the part of the Vendor to cure the specified item(s) of non-performance within 24 hours will be grounds, at the Department's discretion, for immediate termination of the contract.

The final decision as to whether the item(s) of non-performance has been cured will be made by one of those individuals listed under Section 1.7.

OR:

This contract may be canceled by the Department when three (3) out of six (6) consecutive samples of beads submitted for testing fail to pass minimum specifications.

1.4. PURCHASE FROM ANOTHER SOURCE

If for any reason whatsoever the Vendor refuses or is unable to timely supply reflective glass beads to the Department during the contract period, the Department reserves the right to purchase product from another source. Liquidated damages, as described under Section 2.3. herein, may also be assessed at the Department's discretion.

1.5. PRODUCT CERTIFICATION AFFIDAVIT

The Vendor is required to provide a Product Certification Affidavit, stating that reflective glass beads supplied as a result of the contract will in fact meet or exceed the specifications detailed under Section 4.0 of this bid document. Product Certification Affidavit must be Included with each bid response.

1.6. CONSIDERATION

The Department, in consideration of the firm price per pound bid herein by the Vendor, agrees to purchase a minimum of 1,000 pounds of reflective beads under the contract.

1.7. CONTRACT AUTHORITY

The Purchasing Services Section Supervisor will be the contract authority and the contract will be administered by a Project Facilitation Specialist or designee.

PRODUCT ORDERING, TRANSPORTATION REQUIREMENTS, LIQUIDATED DAMAGES, SAMPLING AND PRETESTING, REJECTION OF PRODUCT

1.8. PRODUCT ORDERING

Reflective beads will be ordered electronically via email upon an order form by a Department employee or employees, to be named in the resulting purchase order for all locations listed in Section 5.1.

The order form will include:

· A location designation;

· A quantity;

· A required delivery time frame of fifteen (15) working days within which the beads must be delivered;

· The name of the person placing the order;

· Contact person & phone number;

· Date order was sent.

· MORS Order number and Line-Item Number.

Upon receipt of the electronic order, the Vendor will begin a delivery process which will make product available, F.O.B. destination at the appropriate location within the fifteen

(15) working days’ time frame.

Note: The Vendor may combine quantities ordered by more than one F.O.B. destination to maximize freight considerations. In return for the ability to combine quantities, the Vendor agrees to provide product to each F.O.B. destination involved within the fifteen (15) working days’ time frame as discussed above, or to communicate with the Contract Administrator and to negotiate the most mutually acceptable delivery schedule possible which will also maximize freight considerations.

1.9. TRANSPORTATION REQUIREMENTS

By responding to this solicitation, the Vendor agrees to be solely responsible for transportation of product as ordered per Section 2.1 above, from the Vendor's plant to one or more of the locations listed in Section 5.1.

The Department will supply forklifts with which to unload the beads from flatbed trucks when they are delivered. If the Vendor ships the beads in an enclosed trailer, the Department is under no obligation to provide any equipment or manpower necessary to unload the beads.

Additionally, the Vendor agrees that during the contract period as defined in Section 1.0. and 1.1., transportation shall be constantly available, so product orders placed by the Department on an "as needed" basis may be delivered in a timely manner as required by the ordering party.

Failure to deliver product, at the Department's discretion, may result in assessment of liquidated damages as described in Section 2.3.

Vendor must notify the respective delivery location a minimum of twenty-four (24) hours in advance of delivery.

*Failure to notify the Department may result in refusal of the delivery.* Deliveries shall be accepted daily between 7:00 a.m. and 2:00 p.m. except Saturdays, Sundays, and Montana holidays (1-1-216, MCA).

1.10. LIQUIDATED DAMAGES

The Department reserves the right to assess liquidated damages in the amount of $500.00 per "occurrence" plus (+) $50.00 per day for every working day over the fifteen (15) working days which the delivery is late for failure to comply with the terms, conditions and requirements as listed herein. This sum may be deducted from Vendor payment for failure to deliver/perform as specified. No premium will be awarded to the Vendor for delivery in advance of the specified time.

For purposes of this contract only, an "occurrence" shall be defined as a situation where product is correctly ordered in writing per Section 2.1. but is not delivered by the Vendor within the fifteen (15) working days’ time frame; and/or mutually acceptable communication and delivery date negotiation has not taken place as per Section 2.2.

1.11. REJECTION OF PRODUCT

After each product delivery, random samples may be taken and tested at the Department's Laboratory for specification compliance.

If random sample testing indicates the product does not meet specifications, a reduction in cost will be applied to the entire lot.

The Vendor will be notified in writing of a rejection situation by the Contract Administrator.

The cost of loading and return delivery connected with a product rejection shall be solely the responsibility of the Vendor. The Vendor agrees to remove any and all rejected material from the Department's property within fifteen (15) working days after the date of written notification. After the material has been rejected, the Department is under no obligation to store the materials inside a building. This material may be stored outside in the weather if there is no room for inside storage.

1.12. INVOICING REQUIREMENTS

Vendor agrees to invoice each Department “Bill To” Location on a minimum monthly basis during the duration of the contract for all items purchased under the provisions of the contract.

All merchandise delivered as per the terms and conditions of this Contract shall be clearly marked with Contract Number and shipped F.O.B. All invoices shall be clearly marked with the Contract Number and MORS Order Number and Line-Item Number and shall be sent directly to the requesting Department “Bill To” for payment.

PACKAGING AND DELIVERY REQUIREMENTS

Packing shall be in 1,800-pound returnable bags. Bags shall be approximately 34" x 34" x 36" returnable polypropylene "chase type" bags. The material shall be a minimum 6½-ounce weave material. The bag shall have a fully opened closure skirt on top with a discharge chute 30" long with an approximate 10" diameter discharge opening. The discharge opening shall have a #6 nylon cord. The bag shall have four (4) lifting loops sized to allow lifting from a central lift hook when the bag is full.

The bag shall have an approximately 40" x 40" x 88" minimum 3 mil polyethylene inner liner assembled to prevent the liner from slipping and clogging the discharge chute during loading operations. The liner bag shall be of one (1) piece construction with open top and closed bottom to allow easy opening of the liner through the discharge chute.

The bag will be filled by a method which allows easy access to the discharge chute when the bag is lifted off the pallet. Placement of the discharge chute between the inner liner and the outer bag will not be allowed.

Bags will be delivered on pallets. The bags shall be shipped one (1) only per pallet. The pallets and bags shall be stackable two (2) high. Bags will be wrapped with a minimum 5-mil shrink- wrap material. The bag shall be strapped two (2) ways to the pallet with nylon or polypropylene strapping. Straps shall be positioned 90 degrees from each other.

Bags shall be clearly marked as to whether they contain coated or non-coated beads. This packaging shall be known as "Super Sacks”.

REFLECTIVE GLASS BEADS SPECIFICATIONS

Glass Beads must meet the requirements for AASHTO M 247 Type 2 beads referenced in the Montana Standard Specifications for Road and Bridge Construction and subsequent supplemental specifications (714.08). The glass beads shall have a minimum of 70 percent true spheres.

1.13. STANDARD SPECIFICATIONS

All references to the "Standard Specifications" shall be the Department's book entitled "Standard Specifications for Road and Bridge Construction", 2025 edition, as amended by current supplemental specifications. Current supplemental specifications may be obtained at the following web site: http://www.mdt.mt.gov/business/contracting/standard_specs.shtml

1.13.1. Build America, Buy America (baba) [106] (ADDED 12-08-22)

Furnish construction materials manufactured in the United States. Manufacturing processes for the construction material must occur in the United States. Manufacturing processes are defined as the final manufacturing process and the process immediately preceding the final manufacturing process. Construction materials include articles, materials, or supplies that are or consist primarily of:

• Non-ferrous metals.

• Plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables).

• Glass.

• Lumber, and

• Drywall.

Construction materials exclude cement and cementitious materials, aggregates including stone, sand, or gravel, or aggregate binding agents (e.g., asphalt binder) or additives (e.g., polymer modifiers and admixtures).

Treat items that consist of two or more construction materials that have been combined through a manufacturing process, and items that include at least one construction material combined with a material that is not listed through a manufacturing process, as manufactured products. Manufactured products that do not contain steel or iron are exempt until further notice.

Buy America preference applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to a project. It does not apply to tools, equipment, and supplies brought to the construction site and removed at or before the completion of the project (e.g., temporary aluminum scaffolding). Buy America preference does not apply to equipment and furnishings that are used at or within the finished infrastructure project but are not permanently affixed to the structure (e.g., movable chairs, desks, or computer equipment used at or within the project but are not integral or permanently affixed to a structure).

The Department will not accept items installed until all supporting documentation has been reviewed and is found to be in accordance with the contract requirements. Insufficient or unavailable documentation or documentation showing products to contain construction materials of foreign origin are grounds for removal and replacement at the contractor’s expense.

The Department has designated which materials are considered “construction materials” and will be required to meet the new BABA regulations by their respective 9-digit material codes in section MT 601 of the Montana Materials Manual. However, the Department recognizes there will be situations where a product or material may not fit the designation indicated in section MT 601. In these cases, submit documentation demonstrating or justifying the supplier or manufacturer’s position that their specific item has been misclassified to the Project Manager at least 10 business days in advance of installation. The Department, in conjunction with FHWA, will review the submitted documentation and make a determination as to how that specific product or material will be classified. These determinations will be final and will require the appropriate necessary documentation as defined above.

1.14. PRICE REDUCTIONS FOR BEADS WHICH DO NOT MEET SPECIFICATIONS

GRADATION

SIEVE SIZE

% PASSING

<100-97.5

95-97.4

92.5-94.9

<92.5

90-100

87.5-89.9

85-87.4

82.5-84.9

<82.5

50-75 47.5-49.9 75.1-77.5 45-47.4 77.6-80.0 42.5-44.9 80.9-82.5 <42.5 >82.5

15-45 12.5-14.9 45.1-47.5 10-12.4 47.6-50.0 7.5-9.9 50.1-52.5 <7.5 >52.5

0-15

15.1-17.5

17.6-20

20.1-22.5

>22.5

0-5

5.1-5.6

5.6-6.0

6.1-8.0

>8.0

IMPERFECTIONS

LIST OF LOCATIONS (F.O.B. AND BILL TO ADDRESSES) AND ESTIMATED USAGE PROJECTIONS PER LOCATION

By providing estimated usage projections, the Department makes no commitment, either stated or implied, to purchase any specific amount of reflective glass beads in excess of 1,000 pounds from the vendor.

Estimated usage projections are provided as general information only. Actual need for the contract period may fall short of or exceed estimated usage figures listed herein.

The Vendor is encouraged to contact the Contract Administrator as necessary throughout the contract period and to request "updates" concerning the estimated usage projections (provided herein) directly. The Vendor is cautioned not to make product-related decisions involving the Department based on information obtained from a source or sources other than the Contract Administrator.

F.O.B. AND BILL TO LOCATIONS

DEPARTMENT OF TRANSPORTATION

2100 W BROADWAY ST

PO BOX 7039

MISSOULA, MT 59807-7039

Est.: 240,000 lbs.

DEPARTMENT OF TRANSPORTATION

3751 WYNNE AVE

PO BOX 3068

BUTTE, MT 59702-3068

Est.: 240,000 lbs.

DEPARTMENT OF TRANSPORTATION

100 NELSON RD

PO BOX 3028

BOZEMAN, MT 59772-3028

Est.: 170,000 lbs.

DEPARTMENT OF TRANSPORTATION

200 SMELTER AVE NE

PO BOX 1359

GREAT FALLS, MT 59403-1359

Est.: 195,000 lbs.

DEPARTMENT OF TRANSPORTATION

200 HIGHWAY 25

WOLF POINT, MT 59201-9802

Est.: 164,000 lbs.

DEPARTMENT OF TRANSPORTATION

85 5TH AVENUE EAST N

PO BOX 7308

KALISPELL, MT 59903-0308

Est.: 203,000 lbs.

DEPARTMENT OF TRANSPORTATION

217 N 4TH ST

MILES CITY, MT 59301-3039

Est.: 213,000 lbs.

DEPARTMENT OF TRANSPORTATION

424 MOREY ST

PO BOX 20437

BILLINGS, MT 59104-0437

Est.: 170,000 lbs.

DEPARTMENT OF TRANSPORTATION

50 AIRPORT RD

LEWISTOWN, MT 59457-8013

Est.: 193,000 lbs.

DEPARTMENT OF TRANSPORTATION

1649 US HIGHWAY 2 NW

HAVRE, MT 59501-3455

Est.: 162,000 lbs.

DEPARTMENT OF TRANSPORTATION

2701 PROSPECT AVE

PO BOX 201001

HELENA, MT 59620-1001

DEPARTMENT OF TRANSPORTATION

1750 W ROOSEVELT HWY

SHELBY MT 59474

(Shelby, MT – Delivery Only – Bill to Havre, MT)

GALLATIN COUNTY ROAD DEPARTMENT

201 W TAMARACK ST

BOZEMAN, MT 59715-2890

DEPARTMENT OF TRANSPORTATION

35838 US HIGHWAY 2

LIBBY, MT 59923-8329

(Libby, MT – Delivery Only – Bill to Kalispell, MT)

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REVISED: 823/04