NTPEP High Durable Waterborne Paint Specifications.docx

NTPEP HIGH DURABLE WATERBORNE PAINT SPECIFICATIONS

GENERAL INFORMATION

Provide and deliver F.O.B. Destination MDT various locations as listed herein, NTPEP high durable waterborne traffic line paint in keeping with the terms, conditions, specifications and requirements detailed herein for the period April 1, 2025 through March 31, 2026.

The successful Vendor shall deliver paint on an as-needed basis at a firm price per gallon as established by this solicitation.

1.1. PURCHASE FROM ANOTHER SOURCE

If for any reason whatsoever the Vendor refuses or is unable to timely supply NTPEP high durable waterborne traffic line paint to the Department during the purchase order period, the Department reserves the right to purchase paint from an alternate source.

If the Alternate Source charges the Department a price for NTPEP high durable waterborne traffic line paint exceeding the price reflected on the Vendor's Purchase Order, the Vendor will be invoiced by the Department for that additional expense which the Vendor hereby agrees to pay.

1.2. CANCELLATION

The Purchase Order 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 cancellation of the Purchase Order.

The final decision as to whether or not the item(s) of non-performance has been cured will be made by the Department. Likely the individual(s) listed under Section 1.3.

1.3. CONTRACT ADMINISTRATION

The Purchase Order resulting from award of this Invitation for Bid shall be solely monitored by the Contract Administrator, or his/her designee. The Contract Administrator and/or designee are subject to change. The name and contact information of the Contract Administrator shall be provided to the successful Vendor upon award.

1.4. BID SAMPLES AND TESTING

1.4.1. The Montana Department of Transportation, Materials Lab maintains a Qualified Products List (QPL) for waterborne and high durable paint.

If the waterborne and high durable paint have qualified for the QPL, the pre-testing requirements of this Purchase Order will defer to the random testing requirements of the QPL list.

If the waterborne and high durable paint are not listed on the QPL then the sampling and pretesting procedures detailed herein will apply.

The Department reserves the right to sample materials at any time.

1.4.2. Vendors are required to submit samples for qualification testing. A maximum of one formulation per color per type of paint shall be allowed per Vendor. Each submitted formulation shall be clearly identified on each can. All interested bidders shall submit samples in the following containers.

1.4.2.1. One - One Gallon can of NTPEP High Durable white traffic line paint for lab test.

1.4.2.2. One - One Gallon can of NTPEP High Durable yellow traffic line paint for lab test

1.4.2.3. Material Safety Data Sheets for each formulation shall accompany the lab samples.

1.4.3. All interested Vendors shall submit the following items and information as part of their bid packages.

1.4.3.1. Laboratory test results as listed in Section 11.0. for each formulation including the Theoretical Percent Volume Solids.

1.4.3.2. Certification on material content.

1.4.3.3. Certification and test results for TCLP toxic metal analysis.

1.4.3.4. Certification that the paint is 100% acrylic emulsion.

1.4.3.5. A FTIR scan printout for both white and yellow paint (both types) shall be submitted with identification of the acrylic peaks, clearly labeled for compliance of the 100% acrylic emulsion.

1.4.3.6. Solvent information, if applicable.

1.4.3.7. Certification that the paint is VOC compliant.

1.4.3.8. Certification of DOT Compliance pertaining to bulk, drum and pail containers as described in Section 3.0.

1.4.4. All items listed above must be shipped to the address listed below:

Attn: Kolby Manderle Bid Samples for #MDT-315897-RP Procurement Services Section Department of Transportation 2701 Prospect Avenue Helena, Montana 59601

1.4.5. Costs incurred in formulating and furnishing samples of paint for laboratory testing shall be borne by the Vendor.

1.4.6. Deadline Date:

All samples and materials outlined in Section 1.4. shall be received from interested Vendors on or before the bid due date and time to qualify. All samples and bid information not received by this date and time shall be rejected.

1.5. SHIPPING CONTAINERS AND TOTES

The Vendor which submits the apparent low bid (where the sample paint meets all specifications listed herein) will be required to provide one (1) empty container/tote to the Department within 10 working days from written notification. Failure to provide the container/tote as required will result in disqualification of that Vendor’s bid.

The Department will inspect the provided container/tote for compliance with the specifications as listed in Section 3.0. Failure to comply with the specifications as listed will result in bid disqualification.

If the container/tote meets or exceeds the specifications, the Department will retain the tote on site until after the Vendor has conducted the training as required in Section 4.0. The Vendor shall make arrangements to pick up the container/tote supplied for testing purposes within 60 days after completing the training. Vendors failing to pick up their container/tote within the prescribed number of days are subject to having the container/tote shipped back to them C.O.D by the Department.

The container/tote submitted must be of the type and design that will be used throughout the purchase order period. Vendor cannot change or modify the container/tote at any time during the original purchase order period. Vendor may change or modify the container/tote at the time of Purchase Order renewal, by providing a sample container/tote for inspection and testing by the Department. The Department will either approve the new container/tote or reject it back to the Vendor.

1.6. NOTIFICATION OF TEST RESULTS

Each Vendor submitting samples will be notified as to whether or not their samples passed or failed the Montana specifications. Copies of the complete lab reports will be available upon request.

PRODUCTION AVAILABILITY, PRODUCT ORDERING, TRANSPORTATION REQUIREMENTS, LIQUIDATED DAMAGES, SAMPLING AND PRETESTING

1.7. PRODUCTION AND AVAILABILITY OF PAINT

The purchase order period shall officially begin with the issuance of a signed purchase order and Vendor agrees to begin accepting paint orders on that date.

1.8. PRODUCT ORDERING

Waterborne paint will be ordered via facsimile or email by the Contract Administrator(s) as named under Section 1.3. for all locations listed under Section 8.0.

The facsimile or email order will include:

1) A location designation

2) A quantity by color of paint

3) A required delivery time frame of fifteen (15) working days, within which the paint must be delivered

4) The name of the person placing the order

5) The date the order is placed

6) MORS Order number and Line-Item number

Upon receipt of the facsimile or email order, the Vendor will begin a paint production and paint delivery process that will make product available, within the 15 working days’ time frame. Working Days in context of this Purchase Order are Monday through Friday excluding Montana Holidays (1-1-216, MCA).

1.9. TRANSPORTATION REQUIREMENTS

The Vendor agrees to be solely responsible for transportation of product as ordered per Section 2.2. above, from the Vendor's plant to the delivery location.

Additionally, the Vendor agrees that during the purchase order period transportation shall be constantly available so that product orders placed by the Department on an "as needed" basis will be delivered within fifteen (15) working days.

Failure to provide product, or failure to deliver product as requested or required by the ordering party may, at the Department's discretion, result in assessment of liquidated damages as described in Section 2.4.; or, in cancellation of this agreement as detailed under Section 1.2.

1.10. LATE DELIVERY LIQUIDATED DAMAGES

The Department reserves the right to assess liquidated damages in the amount of $500 per occurrence, plus (+) $50.00 per day for every working day over the fifteen (15) working days that the delivery is late. 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 Purchase Order only, an "occurrence" is defined as a situation where paint is correctly ordered per Section 2.2. but is not delivered by the Vendor within the 15 working days’ time frame.

1.11. SAMPLING, SHIPPING AND TESTING

1.11.1. Sampling and Shipping

Before a shipment of paint leaves the successful Vendor’s plant to be delivered to MDT, one (1) one-gallon representative sample must be taken per lot number to be delivered to MDT.

The sample must be physically taken by an independent certified tester or another organization approved by the Department.

1.11.2. Air Freight Requirement

After the sample is taken, the sample shall be immediately air freighted or delivered in person to the following address by the tester:

#MDT-315897-RP

Materials Bureau Laboratory Department of Transportation 2701 Prospect Ave.

Helena, MT 59601

Each sample shall be accompanied by the following information. This information must be firmly attached to or written on each sample.

1) Date sample taken

2) Lot number designation

3) Color of paint sample

4) Gallons in lot

5) Intended F.O.B. point of shipment from which sample is taken

6) Full name and title of the person taking the sample

The successful Vendor shall be solely responsible for all costs associated with the sample taking and delivery of samples to the Department in Helena.

1.11.3. Testing

Upon arrival in Helena, each sample may be tested in the Department's Materials Bureau Laboratory.

The Vendor will be notified concerning the testing outcome. If the paint sample fails, this information plus lot number will be provided. A written copy of the report will be forwarded to the Vendor.

The sampling and testing procedure detailed above does not constitute final acceptance of any paint shipment and should not be considered a waiver of the Department's right to test (and accept or refuse) each shipment after physical delivery occurs.

DELIVERY AND CONTAINER REQUIREMENTS

Delivery of paint to all locations must follow the procedures listed below. Paint must be delivered in IBC-individual bulk containers. Containers must be compatible with any equipment utilized by the Department. Containers shall be designed and constructed to allow recirculation of paint within the container. Containers shall be new or reconditioned mild steel, stainless steel or polyethylene containers and shall conform to Federal DOT Specification 57 from 49 CFR, Part 178.251, or 49CFR Part 178 Subpart M and all other appropriate rules and regulations. Containers must have a certificate of compliance with 49 CFR Part 178.251 or Part 178 Subpart M regarding drop test requirements.

Vendor shall furnish, at no cost to the Department, returnable containers. Any paint that is shipped in containers that do not adhere to the following specifications (or approved exceptions) may be refused. Refusal of the shipment does not relieve the Vendor of liquidated damages for late delivery of that particular order. All containers must comply with the following specifications:

1) Shall be capable of holding 250 gallons (+/- 20 gallons).

2) Shall have forklift skids.

3) Shall have lifting lugs for lifting with a crane.

4) Shall be approximately 42" x 42" or 46" x 46" base and 52" high, including the base and protective ring.

5) Containers shall be stackable.

6) Containers shall have either a hinged or bolted hatch and/or screw top opening that is at least 16" in diameter. Containers with bolt-down hatch shall have an additional screw opening of at least 6" in diameter.

7) Shall have a 2" ball valve fitted with a male quick disconnect. This valve must be clean and free of debris. No portion of the valve shall extend beyond the vertical plane of the forklift assembly where the valve could be damaged.

8) Containers shall have a security feature that shall protect the valve from being opened by accident or by vandals.

9) Containers shall be clearly labeled with the type, color, batch number, date of manufacture, tare weight of empty container and quantity of paint contained.

10) Containers shall have the capability for recirculation.

11) Containers shall have a 2" ball valve fitted with a 2" male quick disconnect and a 2" cap at the bottom of the container and a 2" male quick disconnect with a 2" cap at the top of the container for recirculation purposes.

12) Container shall be constructed so that the paint materials flow towards the outlet

13) Paint shall be packaged, packed and marked in accordance with PPP-P- 1892 unless otherwise specified.

14) Each container shall be marked: "PROTECT FROM FREEZING-STORE ABOVE 2ºC (35ºF).

15) All totes must be numbered and gallons in each tote must be provided at time of delivery.

Exceptions to these size limitations will be addressed on a case-by-case basis. Exception requests must be included within the bid package to be considered. Any exceptions will be approved or disapproved in writing from the Procurement Services Section.

Vendor to certify the amount of paint contained/delivered in each tote. Certification must accompany the delivery of each tote. Failure to furnish the certification as required may result in refusal of the delivery.

Vendor must notify the respective delivery location, a minimum of 24 hours in advance of delivery.

Failure to notify the Department may result in refusal of the load.

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).

MANDATORY TRAINING FOR DEPARTMENT PERSONNEL

Successful Vendor will be required to provide a factory representative to conduct training to Department personnel at a time and location(s) mutually agreeable. Training sessions shall be approximately four (4) hours in length. The factory representative will instruct Department personnel on the proper use and handling of the paint and totes and will assist Department personnel in setting the totes on the striper properly.

Failure to provide the factory representative as required may be cause for purchase order cancellation. All training will be coordinated through the Contract Administrator(s).

If a service representative is needed on site for a major problem, the Vendor will have five (5) working days to respond in person to the site where needed. Most problems will be handled by phone.

DOCUMENTATION OF PAINT DELIVERIES

A copy of the following information shall accompany each shipment of paint to the F.O.B. Location:

1.12. PAINT CERTIFICATION (PRODUCT DATA SHEET)

Copy of the product data sheet for the paint colors delivered.

1.13. INVOICE

1) Manufacturer

2) Paint destination

3) MORS system order number and line-item number

4) Color and type of paint

5) Paint batch number

6) Average weight per pound and viscosity

7) Total gallons of paint delivered

8) Price per gallon and total cost

9) Number of containers delivered

1.14. CERTIFIED COPY OF WEIGHT TICKET

Copy of certified weight ticket showing weight of vehicle loaded and unloaded. The amount of paint delivered shall be weighed in pounds. Random weighing of the trucks and trailers loaded and unloaded may be conducted by the Department. Payment will be based on gallons using the following formula:

Gallons = Total paint weight (from certified weight ticket) Weight per gallon (*paint batch average)

*Weight per gallon on invoice shall not vary more than ± 0.30 lbs./gal from the Department test results on bid qualification samples.

It is the responsibility of the successful Vendor to provide the information as previously outlined for each shipment of white and yellow traffic paint. One copy should accompany the shipment and another copy sent to the appropriate F.O.B address.

INSTRUCTIONS FOR USE

Use only in equipment designed for water base paints.

ESTIMATED USAGE PROJECTIONS

Information provided under this Section is not an order.

By providing estimated usage information, the Department makes no commitment, either stated or implied, to purchase any specific amount of waterborne traffic line paint.

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

Actual orders for paint will be placed as per the procedure detailed under Section 2.2. The Vendor is encouraged to contact the Contract Administrator as necessary to request "updates" concerning the estimated usage projections herein. 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.

BILL TO AND F.O.B DESTINATION LOCATIONS

Department of Transportation PO Box 7039 Missoula, MT 59807-7039

2100 W Broadway St Missoula, MT 59808

Estimated Yearly Usage Yellow: 7,500 gallons White: 12,000 gallons Department of Transportation PO Box 7308 Kalispell, MT 59904-0308

85 5th Avenue East N Kalispell, MT 59901

Estimated Yearly Usage Yellow: 7,000 gallons White: 10,000 gallons

Department of Transportation PO Box 3068 Butte, MT 59702-3068

3751 Wynne Ave Butte, MT 59701

Estimated Yearly Usage Yellow: 7,500 gallons White: 10,000 gallons Department of Transportation PO Box 3028 Bozeman, MT 59772-3028

100 Nelson Rd Bozeman, MT 59718

Estimated Yearly Usage Yellow: 9,000 gallons White: 12,500 gallons

Department of Transportation PO Box 1359 Great Falls, MT 59403-1359

200 Smelter Ave NE Great Falls, MT 59404

Estimated Yearly Usage Yellow: 7,500 gallons White: 12,000 gallons

Department of Transportation 1649 US Highway 2 NW Havre, MT 59501-3455

Estimated Yearly Usage Yellow: 3,500 gallons White: 4,500 gallons

Department of Transportation 217 N 4th St Miles City, MT 59301-3039

Yellow: 3,000 gallons White: 6,000 gallons

Department of Transportation 200 E Highway 25 Wolf Point, MT 59201-9039

Yellow: 3,500 gallons White: 7,500 gallons

Department of Transportation PO Box 20437 Billings, MT 59104-0437

424 Morey St Billings, MT 59101

Estimated Yearly Usage Yellow: 6,500 gallons White: 12,000 gallon Department of Transportation 50 Airport Rd Lewistown, MT 59457-8013

Yellow: 5,500 gallons White: 10,000 gallons

Department of Transportation 1750 W Roosevelt Hwy Shelby, MT 59474

(Shelby delivery address only Bill To Havre Location) Department of Transportation 22129 Frontage Rd.

Belgrade, MT 59714

(Belgrade delivery address only Bill To Bozeman Location)

Department of Transportation 35838 US Highway 2 Libby, MT 59923-8329

(Libby delivery address only Bill To Kalispell Location) Gallatin County Road Department 201 W Tamarack St.

Bozeman, MT 59715-2890

Estimated Yearly Usage Yellow: 2,250 gallons White: 750 gallons

SCOPE

This specification describes a 100% acrylic type, low VOC, fast drying waterborne traffic paint that can be used on Bituminous and Portland Cement concrete pavements.

1.15. GENERAL SPECIFICATIONS

1.15.1. The paint shall be formulated and processed specifically for service as a binder for beads, in such a manner as to produce maximum adhesion, refraction and reflection. Any capillary action of the paint shall not be such as to cause complete coverage of the beads.

1.15.2. The paint shall be well mixed in the manufacturing process and shall be properly ground when incorporating the pigments in order to conform to the requirements as specified.

1.15.3. The paint shall not liver, thicken, curdle, gel, settle excessively, or otherwise show any objectionable properties after periods of storage of at least nine months; and, at any time during such periods, shall be readily remixed manually to smooth, uniform consistency throughout.

1.15.4. The paint shall dry on a road surface to a strongly adherent film that will not turn dark in sunlight or show appreciable discoloration with age. It shall be easily and uniformly applicable with mechanical line-marking equipment and shall have excellent covering properties. The paint shall be suitable for binding glass beads so as to produce a highly weather and wear resistant traffic line.

1.16. CLASSIFICATION

The ready mixed 100% cross linking acrylic durable waterborne traffic paint covered in this specification shall be furnished as specified in the Invitation for Bid, Purchase Order or order.

1.17. APPLICATION

The lines shall be applied with airless or conventional spray equipment so as to have the paint at a temperature of 70-120ºF maximum in the heat exchanger and 70-120ºF at the spray nozzle. The maximum drying time shall not be exceeded when the pavement temperature is greater than 50ºF, under humidity conditions of 80% or less on dry pavement.

1.18. EQUIPMENT PROTECTION

Vendor shall be liable for any damages to the paint equipment, and if applicable, test equipment, incurred by the ingredients or chemicals used in the paint and solvents.

1.19. RANDOM SAMPLING

All paint ordered from the successful bidder shall be subjected to sample testing. The Department reserves the right to accept or reject a specific batch or batches of paint based upon results of such sample tests. The Department reserves the right to obtain samples at the plant at the time of manufacture and hold up shipment until such tests indicate the paint is acceptable. All paint furnished under the Purchase Order shall be identical, insofar as possible, with the qualification samples of white and yellow paint submitted for laboratory and field testing. In the event the traffic paint does not comply with these specifications or is not identical with the original qualification sample submitted, the Vendor will be required to replace all such paint at their own expense. This includes all handling and transportation charges. Vendor shall be responsible for any paint that becomes unfit to use within nine months that is not due to handling by user and replace all paint at no cost to the Department.

1.20. PROTECTION

The Vendor shall assume all costs arising from the use of patented materials, devices, or processes used on, or incorporated into the work. Vendor agrees to indemnify and save harmless, the Montana Department of Transportation and its duly authorized agents from law suits or action of any nature, for, or on account of, the use of any patented materials, equipment, devices or processes.

1.21. ACCEPTABILITY OF PAINT

Acceptability of the paint shall be judged solely by the Department. Decisions shall be final and in the best interests of the Department.

1.22. PIGMENT COMPOSITION

Pigments shall be first quality paint grade pigments. The pigment for the yellow paint shall be free from lead and chromium. The product for Category I and II will be considered to be lead and chromate free if the dry film is tested according to ASTM D3335 and D3718 and found to have total lead concentration less than 600 ppm and the total chromium concentration less than 300 ppm. Also, the lead and chromium concentrations shall be less than 5 ppm when tested as hazardous waste according to the EPA Method 1311, Toxicity Characteristic Leaching Procedure. The pigment for the white traffic paint shall contain a minimum of 92 percent titanium dioxide meeting the requirements of ASTM D476, Type II. The inert or filler pigments must be of a type and quality generally recognized as first quality paint grade products and shall not contribute to settling of the paint on storage or be so hard as to cause excessive wear of the spray application equipment.

1.23. SOLVENTS

The bidder shall furnish the name of the appropriate solvents used for cleanup of the paint. If special solvents are required, the Vendor must indicate the sources and cost of solvents.

1.24. QUALITATIVE AND QUANTITATIVE REQUIREMENTS

NTPEP HIGH DURABLE SPECIFICATION

MT548

TEST METHODS

Test(s) shall be in accordance with NTPEP and MT548. Refer to chart of test methods in Section 9.10.1.

PENALTIES FOR DEVIATION FROM SPECIFICATIONS

Penalty(s) will be assessed on product cost. Determination of penalty to be applied will be based on Montana Department of Transportation Materials Lab testing procedures, as outlined in Section 9.10.1. Total of accumulated penalties not to exceed 50% or complete rejection.

1.25. PENALTY BASED ON DENSITY OF PAINT

Factory inspected samples or field samples taken of the delivered paint will be checked for pounds per gallon according to the specifications. If the test results are out of specification, the paint supplier will be subject to a penalty based on the total weight of the respective shipment as follows:

± 0.30 lbs./gal – None ± 0.31 to 0.40 lbs./gal – 25% penalty ± 0.41 lbs./gal and greater – 50% penalty or rejection

1.26. PENALTY BASED ON VISCOSITY

Factory inspected samples or field samples taken of the delivered paint will be checked for viscosity at 25ºC (77ºF) according to the specifications. If the test results are out of specification, the paint supplier will be subject to a penalty based on the total weight of the respective shipment as follows:

75 to 79 K.U. or 96 to 100 K.U. – 25% penalty 74 K.U. and below or 101 K.U. and greater – 50% penalty or rejection

1.27. PENALTY BASED ON STATIC HEAT STABILITY

Factory inspected samples or field samples taken of the delivered paint will be checked according to Section 9.10.1. of this document. If the test results are out of specification, the paint supplier will be subject to a penalty:

· 100% rejection

1.28. PENALTY BASED ON FREEZE-THAW

Factory inspected samples or field samples taken of the delivered paint will be checked according to Section 9.10.1. of this document. If the test results are out of specification, the paint supplier will be subject to a penalty of:

· 100% rejection

1.29. REJECTION OF PAINT

If the Department rejects paint due to failure of lab tests, the Vendor must replace the rejected paint within 10 working days from date of written notification. Failure to meet this time frame will result in late delivery liquidated damages as in Section 2.4.

- 2 -

- 1 –

REVISED: 12/22/08