Winter Patch Material Specifications.docx

WINTER PATCH MATERIAL SPECIFICATIONS

DESCRIPTION

Provide and deliver F.O.B. various locations throughout Montana “and/or” have available for pick up at Vendor’s Plant, Bulk Winter Patching Material as specified herein. All quantities are estimated, actual quantities MUST be verified with the Maintenance Chief prior to production.

1.1. DESCRIPTIVE LITERATURE

Complete manufacturer’s descriptive literature sufficient in detail to establish quality and compliance with all specifications MUST be submitted with each bid. The State reserves the right to examine products further to determine compliance with the stated specifications.

1.2. PRICE ADJUSTMENT BASED ON VENDOR COST

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.

WINTER PATCH MATERIAL SPECIFICATIONS

The Winter Patching Material is a mixture composed of a suitable aggregate and bituminous material for use in wet and cold conditions as a high-performance pothole patching material. The mixture is also referred to as Cold Mix.

1.3. AGGREGATE

1.3.1. General

Aggregate can be proprietary materials or locally produced aggregate. Limestone is not allowed. Crushed stone or crushed gravel must be used. The aggregate cannot have adherent films of clay, frozen lumps, or other extraneous matter that prevents thorough coating with the bituminous material.

1.3.2. Gradation

The following gradation requirements (per MT-202) must be met:

1.4. BITUMINOUS MATERIAL

1.4.1. General

The bituminous material shall be a formulation of the liquid asphalt blend prepared under the supervision of the proprietary mix supplier. The bituminous supplier must provide a current mix design that ensures the final winter patch product meets the required specifications. The bituminous supplier must also ensure the liquid asphalt blend is compatible with the crushed aggregate.

1.4.2. Bituminous Specifications

The bituminous material shall meet the requirements of ASTM D 2026 or ASTM 2027, whichever applies, modified as follows:

Kinematic Viscosity @ 60°C (140°F)

Distillate Test to 360°C (680°F)

Temperature To 225°C (437°F) To 260°C (500°F) To 315°C (600°F)

ASTM D 402

0% 0-0.5% 10-65%

Residue from distillate @ 360°C

73-95

Residue Tests:

Absolute Viscosity @ 60°C (140°F) D 2171

75-425

1.5. MIXTURE COMPOSITION (FINAL PRODUCT)

The aggregate and bituminous material shall be combined to form the winter patch material (cold mix). The asphalt content shall be 4% to 6%, sufficient to thoroughly coat the aggregate and provide the necessary cohesion to hold the compacted particles together under traffic conditions. The mixture shall provide the necessary adhesion properties to adhere to the pothole that is being filled. The mixture shall be capable of coating the aggregate without stripping and shall remain pliable and workable at temperatures as low as 25°F. The mixture must maintain cohesive and adhesive properties in areas that are damp or wet at the time of application. Cohesive and adhesive properties must also remain in the mix, in an uncovered stockpile, for a minimum of twelve months after the Department purchases the material.

1.6. MIXTURE TESTING

At any time, the Department may perform the following test on the combined mix (final product) for resistance to stripping up to twelve months after purchase by the Department:

A suitable size sample of the stockpile patching material shall be permitted to cure at normal laboratory temperature. The sample is then immersed in a half gallon can containing one quart of water at 49°F to 73°F. The can and contents shall then be allowed to stand for a period of 24 hours at normal laboratory temperature. The sample shall then be shaken vigorously for a period of 5 minutes. The water shall then be poured from the can and the sample removed and placed on a flat surface and permitted to air dry after which it shall be visually examined for stripping of the bituminous film from the aggregate. The aggregate surfaces shall be at least 85% coated with bituminous film. The initial approval of a mixture or the initial acceptance of material shall in no way preclude further examination and testing if unsatisfactory results are achieved. The acceptance at any time shall not bar its future rejection.

The Department will take the following action(s) to determine the percent of coated aggregate in the combined mix up to twelve months after purchase by the Department:

Upon pick-up or delivery, if visual inspection questions the mixture is at least 95% coated, the Department will evaluate the mixture in accordance with ASTM D2489 (based on two sample average) to determine if at least 95% of the coarse aggregate particles are fully coated with bituminous material.

WINTER PATCH MATERIAL REQUIREMENTS

1.7. UNIT PRICE

Unless otherwise specified, the unit price for each line item shall be known as the "base" bid. The unit price for multiple items must be extended to reflect the total price for the quantity of items requested. Unless otherwise specified, the unit price shall prevail.

1.8. UNIT PRICE REDUCTION

The price reduction, if any, will depend on the severity of the failure. Prior to any price reduction, a second sample will be taken and tested to help analyze the material. The Department will also take into consideration the Vendor’s efforts to correct the deficiency. The following table will serve as a basis for calculating the price reduction for each test that fails to meet the specification requirement:

1.9. REJECTION OF PRODUCT

After each product delivery, random samples may be taken and tested at the Department's Laboratory for specifications compliance. If random sample testing indicates that the product does not meet specifications, all products from that delivery (lot) will be rejected. The vendor will be notified in writing of the rejection situation. 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.

1.10. LIQUIDATED DAMAGES

Winter Patch Material that is not delivered or made available for pick up, as identified in the Description section of the bid, is subject to Liquidated Damages. For each calendar day the material is late, a unit price reduction of 0.5% will be made. For example:

Assume a delivered unit price of $110.00/ton. Delivery is made 13 calendar days after the date identified in the “Items” section of the bid. (13 days x 0.5% = 6.5%). MDT will make payment using a unit cost of $102.85/ton ($110.00 x .935).

Any material not delivered within 21 calendar days after the delivery date listed will result in MDT cancelling the contract.

1.11. VENDOR COORDINATION WITH MDT

The Vendor is responsible for Quality Control (QC) of the aggregate, bituminous material, and combined mix. The Vendor is responsible for ensuring the specified material properties/specifications are continually met. The Vendor must document all QC tests and provide those test results to the Department upon request.

Within one year of material purchase, the Department can test the combined mix at any time. If any stockpile fails the “Stripping Test” or fails to be 95% coated, as defined above, it shall be replaced by the Vendor, at the Vendor’s expense, including transportation costs.

1.12. VENDOR GUARANTEE

The Vendor must guarantee the performance of the winter patch material. The following performance requirements must also be met:

· The material will remain pliable and workable, in an uncovered stockpile, for a period of at least twelve months after purchase by the Department.

· Repaired potholes will not show any significant signs of shoving, rutting, stripping, tracking, or raveling within a period of six months from the time of repair.

If the above performance requirements are not met, the Department reserves the option to require the Vendor to replace or reimburse the Department for the unused portion of material found to be unsatisfactory.

The performance requirements above are contingent upon the Department not contaminating the uncovered stockpile and properly preparing potholes per the Vendor’s cold mix placement instructions. Provide these instructions to the Department upon material delivery.

1.13. SHIPPING REQUIREMENTS

Weekends and holidays excepted, deliveries shall be F.O.B. DESTINATION, to the location listed in Section 4.2. The term "F.O.B. destination, within the State's premises," as used in this clause, means free of expense to the State and delivered to the location specified. The Vendor shall:

· Pack and mark the shipment to comply with specifications; or if the specifications do not contain specific packing or marking instructions, pack and mark the shipment in accordance with prevailing commercial practices and in such a manner as to ensure delivery in good condition and as required by this IFB.

· Prepare and distribute commercial bills of lading and Material Safety Data Sheets (MSDS) as appropriate.

· Deliver the shipment in good order and condition to the point of delivery specified in Section 4.2. below.

· Be responsible for any loss of and/or damage to the goods occurring before receipt of the shipment by the State at the delivery point specified in the IFB.

· Furnish a delivery schedule and designate the mode of delivering carrier; and

· Pay and bear all charges to the specified points of delivery.

1.14. DELIVERY DATE

Delivery will be requested on or before: DECEMBER 20, 2024

The vendor MUST provide the Department with a 48-hour delivery notice.

ACTUAL QUANTITIES & F.O.B. AND “BILL TO” DESTINATIONS

1.15. ACTUAL QUANTITIES VERIFICATION WITH MAINTENANCE CHIEFS

All quantities are estimated. Actual quantities MUST be verified will all Maintenance Chiefs PRIOR to production of material. See Section 4.2. for the Maintenance Chiefs contact information.

1.16. F.O.B. AND “BILL TO” DESTINATIONS & MAINTENANCE CHIEF INFORMATION

LOCATION QUANTITY

Department of Transportation 12 Tons Shelby Maintenance 1750 West Roosevelt Hwy Shelby, MT 59747 Jody Bachini: (406) 262-5504 Bill To:

1649 Highway 2 NW Havre, MT 59501-0580

Department of Transportation 10 Tons Miles City Maintenance 3rd and Orr Miles City, MT 59301 Mike Skillestad: (406) 233-3622 Bill To:

217 N 4th Miles City, MT 59301-0460

Department of Transportation 10 Tons Glendive Maintenance 425 State Street Glendive, MT 59330 Mike Skillestad: (406) 233-3622 Bill To:

PO Box 890 Glendive, MT 59330-0890

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REVISED: 823/04