Donelson_Construction_Company_-PressuePave_sole_source_letter.pdf

February 9, 2024

To Whom It May Concern, Donelson Construction Co., LLC respectfully requests that the MAQS®-PressurePave Surfacing System be treated as a sole-source product for the following reasons:

1. Donelson Construction has invented a proprietary system, materials, and related equipment to uniquely improve the sealing ability of the MAQS® product line of wearing surfaces, known as

PressurePave. The MAQS®-PressurePave Surfacing System is unique in the industry as it has the ability to install and cure two completely different products in one simultaneous application.

(US Patent No. 9,879,387, US Patent No. 9,260,826, and other patents pending)

2. The topical surface (MAQS®) Donelson has developed and installs is unique to the pavement preservation industry. A patent on this product was applied for and received approval, demonstrating the innovation and superior degree of performance it offers.

(Patent No. US7,312,262B2).

3. The MAQS® surface contains crushed aggregate that is unique. The aggregate is composed of a blend of two types of limestone found and produced in the Clever Stone Quarry. The blend is specifically designed to produce desired results mentioned below. Clever Stone Co., Inc. has agreed to manufacture and distribute this aggregate on an exclusive basis to Donelson Construction Company.

4. The gradation and combination of aggregate used by Donelson in the MAQS® surface is proprietary and can be outside of industry standards. Properties achieved are early and long-term surface toughness as well as superior, long-term pavement sealing effectiveness.

5. Use of limestone aggregate in slurry and micro-surfacing seals is commonly known in the industry as unacceptable due to poor wear characteristics resulting in breakdown of skid resistance. This patented aggregate blend produces the only proven safe slurry or micro-surfacing driving surface that uses limestone. This claim is proven through wet pavement skid resistance test results shown on the graph that follows.

Ph: (417) 743-2694 Fax: (417) 743-2945 1075 Wise Hill Road, Clever, MO 65631

May 16, 2023 Page Two

The data was produced from testing under the supervision of the Missouri Highway and Transportation Department (MODOT). The new type of mobile equipment that is used for the test more accurately reflects the anti-lock brake systems found on today’s modern vehicles.

Pavement skid resistance is measured by a single numerical value, measuring from 0 to 1, with 1 being the best skid resistance. The value of 0.5 is known in the industry to be the minimum acceptable value for a safe driving surface.

The test results show that the MAQS® product can be uniquely designed to achieve a wide range of safe driving surfaces, ranging from the minimum, 0.50, to a highly impressive 0.83. Achieving these values, while at the same time providing the other performance characteristics described herein, makes this a highly unique surface treatment.

6. The aggregate, combined with a specific emulsion oil, produces an asphalt mixture with a much higher degree of performance compared to other similar products. This degree of performance is illustrated in two important lab test results, both obtained from International Slurry Surfacing Association Test TB100. A “One Hour Soak Wet Track Test” and a “Six Day Soak Wet Track Test” are used to test a finished surface’s adhesion and cohesion properties. In other words, these tests measure the amount of “raveling” or “shredding of stone” one may expect from the new surface. The industry standard allows for a maximum of 50 grams/square foot of aggregate loss, and 75 grams/square foot of aggregate loss for the One Hour and Six Day tests, respectively. Our product often tests at less than 25 grams/square foot for each.

0.58 0.56 0.53 0.54

0.73

0.83

C H I P S E A L U L T R A T H I N B O N D E D W E A R I N G S U R F A C E

2 - I N C H D R I V I N G S U R F A C E M A Q S

MODOT SKID RESISTANCE TEST

MAQS Residential MAQS Fine MAQS Arterial

May 16, 2023 Page Three

7. The emulsion oil component in Donelson’s asphalt mixture is designed specifically for this aggregate. Two components within the emulsion oil are produced and distributed exclusively to Donelson Construction Co. by Donelson Sealant Technologies. (DST- SCA set control agent and DST- Flex performance additive)

8. Donelson Construction has developed a proprietary product, and method to use the same, (MAQS®- Flex) as a large-scale crack sealer. Current industry standards do not have a material specification or method of placement that is comparable.

9. Donelson Construction has invented and patented a unique piece of equipment, a material transfer unit, which is important to the overall operation of the MAQS®-PressurePave process.

(US Patent No. 8,033,775B2)

10. Donelson Construction has invented a proprietary piece of equipment, a material dispersal device, which is used to uniformly apply and spread MAQS®-PressurePave material on the road surface. The purpose of the unit’s special design allows for new pavement skid resistance to be achieved, even on poorly contoured road profiles. (US Patent No. 9,260,826)

11. Donelson Construction has invented a proprietary piece of equipment, which is used to uniformly apply and spread MAQS®-PressurePave material on a curved road surface (i.e. cul-de-sacs). The purpose of the unit’s special design allows for new pavement skid resistance to be achieved, even on poorly contoured road profiles. (US Patent No. 11,060,248 B2)

12. Donelson Construction has developed MAQS®-PressurePave Sealant material. (US Patent Pending)

In summary, Donelson Construction is clearly the only company that is able to manufacture and install these MAQS®-PressurePave products. Thank you in advance for your attention to this matter.

Sincerely, Michael J. Donelson Owner