018-26.pdf

ITB 018-26

Rock Salt (Sodium Chloride) for 2025-26 Winter Season

REQUIREMENTS/SPECIFICATIONS

Section 1: Purpose

The purpose of this invitation to bid (ITB) is to establish a contract for Rock Salt (Sodium Chloride) quantities to be delivered to the Ohio Department of Transportation (also referred to as “ODOT” and “Department”) as well as participating Political Subdivisions (e.g. townships, cities, universities, counties, Turnpike, etc.) throughout the 2025-26 winter season.

ODOT and Political Subdivisions are collectively referred to as the “Receiving Agencies” in the sections below.

This solicitation contains an embedded Minority Participation Requirement. (Section 10)

Section 2: Contract Duration

The effective duration of the awarded contract shall be from the date of execution by the Director through May 31, 2026.

Section 3: Minimum and Maximum Salt Quantities

All Receiving Agencies, delivery locations, and salt quantities incorporated into the requirements of this ITB are located on the Department’s provided Excel pricing page (link to file included on front cover).

Receiving Agencies included in this ITB shall purchase a minimum of 85% of their total salt quantities requested from their awarded salt supplier, subject to the provisions below.

Receiving Agencies included in this ITB shall be able to purchase a maximum of 115% of their total requested salt quantities from their awarded salt supplier.

For ODOT, the minimum and maximum provisions (85/115%) will be applied based on the total amount of tonnage (statewide) that a bidder has been awarded through this ITB.

For Political Subdivisions, Subject to Section 9, the minimum provision (85%) will be applied based on the total tonnage requested within each county. If the sum of salt purchased collectively by the Political Subdivisions in a county meets the minimum provision for said county (85%), then the minimum requirement for each Political Subdivision within said county will be considered met.

However, if the minimum provision (85%), collectively for the Political Subdivisions within a county is not met by the final day of the contract, each Political Subdivision within that county that has not met its minimum provision (85%) will be subject to all relevant provisions of Section 9, below.

Section 4: Rock Salt Specifications

4.1: Material Specifications

All Sodium Chloride (Rock Salt) provided by an awarded vendor (salt supplier) through this contract shall conform to ASTM Specification D632 Type I, Grade 1, with the following clarifications:

a. Moisture Content:

Rock Salt provided through this contract must exhibit 2.0% or less moisture content upon delivery to the Receiving Agency. Lots of road salt delivered testing beyond the 2.0% maximum allowable moisture content may be subject to deficient material penalties (calculated deductions) as outlined in Sections 4.2 and 4.3 below. Delivery vehicles exhibiting signs of excess moisture may be rejected, at the discretion of the Receiving Agency, at the point of delivery.

b. Gradation:

Rock Salt provided by awarded bidders through this contract must conform to the following Type 1, Grade 1 ASTM gradation requirements upon delivery to the Receiving Agency: Lots of road salt delivered failing the gradation requirements above will be subject to either rejection at the point of delivery or deficient material penalties (calculated deductions) as outlined in Sections 4.2 and 4.3.

c. Chloride Content:

Rock Salt delivered through this contract must exhibit the following chloride content:

Chemical Composition: 4 Total Chlorides (NaCl, CaCl2, and MgCl2 as NaCl based on dry weight) with not less than 95 percent total chloride content upon delivery to the receiving agency.

Lots of road salt delivered failing to meet the chloride content requirements above may be subject to deficient material penalties (calculated deductions) as outlined in Sections 4.2 and 4.3 below.

d. Anti-Caking Additives/Agents:

All rock salt delivered must be treated with sufficient amounts of anti-caking additives/chemicals so as the rock salt will remain in a free flowing, usable condition (without the presence of clumping) while stored in the receiving agency’s storage facility.

Rock Salt delivered where clumping is visible and does not break down to meet gradation requirements will be subject to a penalty. Receiving Agency will take photos of the clumping salt.

Receiving Agency will attempt to break down the salt to a free flowing, usable condition. If unsuccessful, the Receiving Agency may assess up to a 10% penalty for the defective load. Photos of the clumping will be provided, and notification sent.

e. Foreign Matter:

Rock salt delivered exhibiting signs of foreign matter will be subject to rejection by the Receiving Agency at the point of delivery. If the load is accepted by the Receiving Agency, the Receiving Agency will provide photo evidence to the salt supplier that foreign matter (materials) was received.

Loads that are accepted by the Receiving Agency with foreign matter (materials) will be assessed up to a 20% penalty to be deducted off the invoice for the cost of the defective load(s).

f. Rock Salt Required:

A mined rock salt is required to be supplied through this contract. The Department will not accept bids for solar or top-mined sodium chloride.

g. Material Safety Data Sheets (MSDS):

Bidders should submit with their bid, material safety data sheets (OSHA #20 or equivalent) detailing the rock salt material being bid by mine location.

h. Rejected Materials

Any delivery to the Receiving Agency that has been rejected shall not be re-directed to any other location listed on the current contract. Reasons for a load being rejected are described, but not limited to those, in Section 4.1.

4.2: Deficient Materials Deductions

The Department reserves the right to test the material quality of rock salt delivered by an awarded bidder (and its trucking agents) for conformity to material specifications and requirements included in this contract. Receiving agencies may periodically, and at a frequency of their own discretion, conduct sampling and testing (either independently or by a third party) of delivered rock salt lots for conformity to moisture content, gradation, and chloride content requirements. For ODOT, sampling and testing of rock salt lots are conducted by Department personnel trained on ASTM sampling and testing procedures. The actual testing of rock salt samples are performed by either the District Testing Engineer or properly trained subordinates of the District Materials Management/Testing office. The results of any performed tests by ODOT are final and not subject to appeal by the Vendor. Materials failing to conform to sodium chloride (rock salt) material specifications shall be subject to a deficient materials penalty (calculated deductions). See Section 8.2 regarding material penalties and invoicing.

The Receiving Agency will prepare a material quality and testing reports for samples taken. Material quality and testing reports indicating to the Receiving Agency deficient materials have been received will be sent to the awarded vendor in writing along with the applicable calculated deductions that are being assessed against the salt supplier. This documentation will be EMAILED by the Receiving Agency to the Vendor within:

• 21 calendar days of the sample being tested for Moisture Content

• 21 calendar days of the sample being tested for Gradation

• 21 calendar days of the sample being tested for Chloride content.

The Vendor may contact the Receiving Agency to inquire about initial results of tests. Any information shared about results prior to the written notice is not official. This may occur prior to the written notice of applicable calculation deductions.

The Department reserves the right to acquire samples from stockpile locations or other locations where the bidder’s salt is stored above-ground at any time.

4.3 : Deficient Material Deduction Calculations by Type of Material Deficiency

The Department reserves the right to assess against a salt supplier deficient material deductions for non-conforming rock salt materials received based on the following deductions outlined for each material specification failure:

A. Moisture Content Deductions

Deductions (penalties) for rock salt lots sampled and tested that are not in conformance with Section 4.1(A) moisture content requirements will be calculated and assessed against the awarded vendor (salt supplier) as follows:

I. Tested moisture content of delivered rock salt lot equaling 2.0% or less:

Rock salt lot delivered is moisture compliant and no calculated deduction will be assessed.

II. Tested moisture content of delivered rock salt lot greater than 2.0% but less than or equal to 3.0%:

The following calculated deduction will be applied:

Calculated Deduction = $300.00 + [(Price/Ton) x (Lot Size) x (% Moisture of Salt Tested– 2.0%)]

II. EXAMPLE CALCULATION

Price /

Ton

Tons

Delivered

Moisture of Delivered Salt

Lot

Moisture % Deduct

Calculated Deduction

$55.16

2.66%

(2.66% ‐ 2.0%) = 0.66%

$300 + [$55.16 x 400 x 0.66%] = $445.62

III. Tested moisture content of delivered rock salt lot greater than 3.0% but less than or equal to 8.0%:

The following calculated deduction will be applied:

Calculated Deduction = $300 + [(Price/Ton) x (Lot Size) x (% Moisture of Salt Tested)]

III. EXAMPLE CALCULATION

Moisture of

Salt Lot

$55.16 400 3.22% $300 + ($55.16 x 400 x 3.22%) = $1010.46

IV. Tested moisture content of delivered rock salt lot greater than 8.0%:

The below calculated deduction will be applied:

Calculated Deduction = $300 + [(Price/Ton) x (Lot Size) x (50%)]

Note: The cumulative tonnage of salt delivered in a single day to a single delivery location will be the “Lot”/“Lot Size” for the purposes of calculating the deficient material deductions outlined above.

B. Gradation Material Deduction Calculations

Section 4.1(B)’s gradation requirements will be calculated and assessed against the salt supplier as follows:

If rock salt samples from a delivered lot that has materials retained on the 12.5 mm ( ½ inch ) sieve, the deduction will be the greater of the minimum deduction (i.e. $300.00) or the following calculated gradation deduction:

Calculated Deduction =

$300 + [(Price/Ton) x (Lot Size) x {1% + (100% - % retained on 12.5mm ( ½ inch)) } ]

III. EXAMPLE CALCULATION

12.5mm ( ½ inch ) result

$55.16 400 99.2% $300 + ($55.16 x 400 x {1% + (100% - 99.2%)} = $697.15

If rock salt samples from a delivered lot fails on any other size sieve, the minimum deduction of $300.00 will be applied.

the “Lot”/“Lot Size” for the purposes of calculating the deficient material deductions outlined above.

C. Chloride Content Deduction Calculations

Section 4.1(C)’s minimum chloride content requirements will be calculated and assessed against the salt supplier as follows:

I. Tested rock salt lots exhibiting a total chloride content greater than or equal to 95%:

Materials are conforming and no deduction will be assessed against the salt supplier.

II. Tested rock salt lots exhibiting a total chloride content of less than 95% but greater than or equal to 93%:

The higher of two deductions will be applied:

1. Minimum Deduction (i.e. $300.00); or

2. Calculated Deduction: (Price/Ton) x (Lot Size) x (6.0%)

III. Tested rock salt lots exhibiting a total chloride content of less than 93% but greater than or equal to 90%:

2. Calculated Deduction: (Price/Ton) x (Lot Size) x (10.0%)

IV. Tested rock salt lots exhibiting a total chloride content of less than 90%:

2. Calculated Deduction: (Price/Ton) x (Lot Size) x {10 % + [2 x (90% - Chloride Content %)]}

IV. EXAMPLE CALCULATION

Tested Chloride Content of

Delivered Salt

Chloride % Deduct

$55.16

80%

2 x (90% ‐ 80%) = 20%

$55.16 x 400 x (10%+20%)= $6619.20 the “Lot”/“Lot Size” for the purposes of calculating the deficient material deductions outlined above.

4.4 : Requested Samples

Prior to awarding a contract to an apparent low, responsive bidder, the Department reserves the right to require rock salt samples (by mine location) to be provided by the lowest responsive bidder to verify initial conformance with rock salt specifications. Upon request to provide samples from particular mine locations, the Bidder shall have one (1) week to deliver a minimum five (5) gallon container of salt materials (by mine location) to the ODOT location provided by the Department.

Failure to submit the requested sample within the requested timeframe will result in a non- responsive bid determination. If the rock salt provided by the bidder fails to conform to the specifications outlined throughout this bid document, the bidder may, at the Department’s sole discretion, be deemed non-responsive and ineligible for award of this contract.

Section 5: Unit Bid Pricing and Contract Award

5.1 Salt Purchases between 85 to 115% of the Requested Salt Quantities by Receiving Agency

A. Bidders shall submit F.O.B. Place of Destination, Per Net Ton Unit Bid Pricing by County for the quantities of rock salt to be purchased by both ODOT and Political Subdivisions as outlined in the Department’s provided Excel pricing page (link to pricing page is on the front cover of bidding documents).

B. Bidders should submit F.O.B. Place of Destination, Per Net Ton CONVEYED Unit Bid Pricing by County for the quantities of rock salt to be purchased by both ODOT and Political Subdivisions as outlined in the Department’s provided Excel pricing page (link to pricing page is on the front cover of bidding documents). The Receiving Agency is not required to use conveying services.

C. CONVEYED SALT pricing is requested for the following periods of time:

1. Date of Award – September 30, 2025.

i. When conveying of salt is requested, orders placed during these dates will NOT be required to meet the current contract requirements outlined in Section 7.3.

However, all deliveries shall be complete by November 1, 2025.

2. April 1, 2026 – May 31, 2026.

i. When conveying of salt is requested, orders placed during these dates will NOT be required to meet the current contract requirements outlined in Section 7.3.

However, all deliveries shall be complete by June 30, 2026.

All awarded bid prices shall be effective and firm throughout the entire duration of the contract.

5.2 Salt Purchases between 115% to 125% of the requested Quantities by Receiving Agency (Optional Bid Item)

For salt purchases over 115%, bidders have the opportunity, as an optional bid item, to supply a price per ton to provide additional salt supplies. If a bidder supplies a price per ton for salt quantities from 115-125%, the bidder agrees to supply additional salt quantities to the requesting Receiving Agency in an amount up to 10% above the originally requested tonnage. For ODOT, the 10% amount will be based on the total tonnage request by County. For Political Subdivisions, the 10% amount will be based off of the total requested tonnage by the requesting Political Subdivision.

Please Note: Prior to utilizing this optional bid item, Receiving Agency’s reserve the right to seek additional tonnage beyond the 115% maximum from all bidders originally submitted bid pricing for the particular county in which additional salt is needed.

5.3 Contract Award

A. Award of this ITB will be made to the lowest responsive and responsible bidder by County subject to the following criteria:

i. The Department may limit the statewide award of this contract by quantity. If so, one vendor may not be awarded more than 65% of the total tonnage statewide via low bid. The Department reserves the right to determine which counties will be included in the 65%, but will begin the award with the lowest priced counties first. For example, if Vendor A is the low bidder on all 88 county bids and the bid was for 100,000 tons, the low bidder will be awarded only 57 counties or that comparative tonnage that is as close to 65,000 tons as reasonably practicable.

ii. For the tonnage above 65%, the next lowest bidder in the remaining counties will be awarded the bids in those locations also, and those remaining counties will be considered multiple award counties. The department reserves the right to acquire salt from either the low bidder or next low bidder in those counties (the State may buy from one or the other or both bidders) as long as it does not result in an excessive price. For example, if Vendor A receives 75% of the tonnage, the tonnage from 65% – 75% will be subject to this part.

Therefore, that 10% will be subject to the multiple award scenario from this part.

1. If there are two vendors in one county, the tonnage for the county will remain the same, and the State (including co-op entities) will not be required to purchase the min/max amounts referenced under Section 3 from any one vendor.

iii. NOTE: If no bidder gets more than 65% of the quantity by low bid, then all counties and the corresponding remaining tonnage will be awarded by low bid.

B. Vendors are encouraged to disclose to the Department their preferred annual capacity. The Department will consider awarding the contract to that vendor up to their capacity if they bid on more statewide. For example, if vendor A’s preferred annual capacity is 200,000 tons but they bid 300,000 tons to cover the statewide bid, the Department will consider awarding the preferred 200,000 tons on a lowest county bid first basis, assuming that awarding the additional 100,000 tons to the next lowest vendor would not result in an excessive price for salt. If requested, the Department will keep the preferred annual capacity number confidential and treat it as a trade secret from the bidders.

C. NOTE: For the purpose of this contract, excessive price is considered an increase of 5% or more.

5.4 Fuel Price Adjustment

A fuel price adjustment may be made to contract pricing in accordance with the following procedure:

• Fuel Price adjustments will be made for deliveries of road salt during the contract period.

A monthly update will be posted to the ODOT website at the following link.

https://www.dot.state.oh.us/Divisions/ContractAdmin/Contracts/Pages/Salt-FAQ.aspx

• On a monthly basis an amount may be added or deducted from contract pricing based on prices posted in the "EIA Retail On-Highway Diesel Prices". The Midwest PADD 2 shall be the designated posting for the adjustments. (If this source becomes unavailable, unworkable, unsuitable, then another source may be selected by the Ohio Department of Transportation – Office of Contracts)

• The 2025/26 base rate for calculating adjustments will be established as posted in the EIA Retail On-Highway Diesel Prices for “Midwest PADD2” for the week beginning May 19, 2025. The monthly average will be determined by selecting.

PRODUCT “Diesel – All Types” PERIOD “Monthly”

SHOW DATA BY “AREA”

• The previous month's prices shall be used to determine the monthly average (i.e. – August’s prices will be used to determine September’s adjustment). All prices will be rounded to two decimal places.

• The fuel price adjustment shall be applied for the date of delivery.

Ex.: If a purchase order for salt is received on January 30, and the salt is delivered on February 2, the fuel price adjustment used will be that for the month of February.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.dot.state.oh.us%2FDivisions%2FContractAdmin%2FContracts%2FPages%2FSalt-FAQ.aspx&data=05%7C01%7CTodd.VanKirk%40dot.ohio.gov%7Cae3bae1e3da34cefdd2308da3379a432%7C50f8fcc494d84f0784eb36ed57c7c8a2%7C0%7C0%7C637878894777780592%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=mi6N%2FkffOjNEf%2F0U2PG9RAul8F2C0d6RPa6RInJc0pQ%3D&reserved=0

EXAMPLE FUEL PRICE ADJUSTMENT INCREASE:

Published rate on date of bid opening $4.07 Monthly Average Price $4.17 Monthly Average Price – Published rate on date of bid opening = Fuel Price Adjustment $4.17 - $4.07 = $0.10 = Additional amount allowed to be added to price per ton.

EXAMPLE FUEL PRICE ADJUSTMENT DECREASE:

Published rate on date of bid opening $4.07 Monthly Average Price $3.97 Monthly Average Price – Published rate on date of bid opening = Fuel Price Adjustment $3.97 - $4.07 = -$0.10 = Amount allowed to be deducted from price per ton.

• The contract cost per ton of salt shall not be changed on any invoice. A separate line item shall be added to any invoice to account for an increase or decrease in the fuel price adjustment.

Section 6: Stockpile Requirements

Bidders should provide the details regarding their stockpile locations and associated capacity (in tons) for each stockpile location where provided on the Department’s Excel pricing page.

6.1 Stockpile/Storage Location Inspection

The Department, at its own discretion, reserves the right to inspect any salt suppliers’ stockpile/storage locations (excluding salt mine locations) utilized to store materials. The Department reserves this right both prior to awarding a contract to a bidder (for the purposes of determining bidder responsibility) and throughout the duration of any resulting contract. The number of inspections performed shall be at the discretion of the Department.

The inspection may include, but is not limited to, the following items:

1. Are salt quantities properly tarped so as to ensure protection from inclement weather?

2. Sampling and testing of salt materials.

Note: Samples may be taken and tested by Department testing personnel to verify conformance with salt specifications. Material found to not meet chemical or mixture or physical specifications may be rejected. The Department test results are final.

3. Does the stockpile/storage location have an established and acceptable weigh in/weigh out and ticketing procedures for delivery trucks?

4. Has the weigh in/weigh out scale been recently (within a year) inspected and certified by the appropriate local authority for accuracy?

Department personnel may be escorted by agents of the salt supplier (bidder) throughout their time at the stockpile/storage facility. The Vendor shall indicate upon notification of an inspection to be performed if the Department personnel to be entering the stockpile/storage location must undergo any safety or similar training prior to entering the facility.

6.2 Weigh Scale Requirements

Scales utilized for weigh in/weigh out procedures must be annually certified and approved by the appropriate local authority related to ensuring accurate weights and measures.

The device permit for the scales the vendor uses at their facility or stockpile location must be up to date as stated in ORC 1327.501. Any company that services the scales for the vendor shall be registered and comply with the Ohio Department of Agriculture as stated in ORC 1327.502

6.3 Stockpile Quantity and In Place Tonnage Requirements

Bidders will be required to have:

• A minimum of 65% of the undelivered balance tonnage of their total awarded tonnage available above ground and in stockpiles within the state of Ohio by December 15, 2025.

• A minimum of 90% of the undelivered balance tonnage of their total awarded tonnage available above ground and in stockpiles within the state of Ohio by January 15, 2026.

Vendors shall have sufficient resources available to provide 115% if required.

These stockpiles quantities shall be reserved for this contract.

The Vendor shall notify ODOT on or before the dates listed that the minimum tonnage required is at the stockpile.

The Department may perform stockpile inspections and measurements on the awarded vendors on or around the dates listed above.

The vendor may be required to provide a list of the contract deliveries to confirm the deduction amount.

Section 7: Ordering and Delivery Requirements

7.1 Minimum Order Amount

The minimum dumped order amount to be placed by a Receiving Agency is twenty-two (22) tons of road salt.

When placing orders, there is no limit set on the quantity per order. However, the Receiving Agency should make efforts to consider placing smaller orders (500 tons) and more often, rather than a large (2,500 tons) order.

7.2 Methods for Ordering and Order Acceptance

ODOT utilizes an internal ordering system which sends automatic emails to salt suppliers with order details (e.g. tonnage, delivery location, contact person(s), etc.). Emailed orders sent by noon on a given day will be considered confirmed and accepted by the Vendor for that day and the applicable delivery deadline period (See 7.3 below for delivery deadlines) for that order will effectively begin.

Emailed orders sent after noon on a given day will be considered accepted and received by the salt supplier on the following calendar day. The salt supplier shall email back a confirmation (order) number and identify the hauling/trucking/delivery company (by including name or copied via email) for all orders placed. This confirmation (order) number must be provided on the delivery tickets.

Political Subdivisions may place orders by either electronic means or telephone. At the time the order is placed the salt supplier shall provide the Political Subdivision with a confirmation (order) number.

The same timeframe as noted above outlining when an order shall be considered placed shall apply to all Political Subdivision’s orders.

Awarded salt suppliers should have a contact person(s) available to receive and accept orders seven (7) days a week between 8:00am and 5:00pm throughout the duration of the contract. Bidders should indicate all points of contact (contact persons, email addresses, telephone numbers, fax numbers, etc.) on the Excel pricing page where orders can be received and accepted during these times.

7.3 Delivery Deadlines

The Vendor shall deliver the balance of any salt orders placed by a Receiving Agency between t h e d a t e o f c o n t r a c t a w a r d and September 30, 2025 by no later than November 1st, 2025.

The Vendor shall deliver the balance of any salt orders placed by a Receiving Agency between October 1, 2025 and October 31, 2025 by no later than November 8th, 2025.

The Vendor shall deliver the balance of any salt orders placed by a Receiving Agency between November 1, 2025 and March 31, 2026 within seven (7) calendar days after receipt of the order(s).

The Vendor shall deliver the balance of any salt orders placed by a Receiving Agency between A p r i l 1 , 2 0 2 6 and May 31, 2026, by no later than June 30th, 2026.

See below for Damages associated with failure to deliver within the required timeframes outlined above.

As Ohio experiences typical and frequent winter storm conditions, ODOT may require more immediate access to road salt due to emergency related conditions (such as low inventory levels) that create “time is of the essence” fill-up requirements. In these instances, the ODOT shall have the ability to re-direct ODOT existing orders/scheduled deliveries to their specific locations where salt is in critical need. The ODOT orders that are delayed due to the ODOT’s change in priority for particular locations shall be effectively paused so as they do not continue to count against the seven (7) day delivery period. The delivery period for delayed orders shall continue again immediately following the completion of deliveries to the noted priority locations.

Please Note: Thanksgiving Day, Christmas Day, and New Year’s Day will not be counted against the seven (7) day delivery deadline period for any open orders.

7.4 Standard Operating Hours

The chart below indicates the standard operating hours, Monday through Friday (excluding State holidays), for the ODOT. At a minimum, salt deliveries can be made for each ODOT District and Political Subdivisions (i.e. Receiving Agencies) during these hours.

A. APRIL – OCTOBER

DISTRICT Begin End DISTRICT Begin End

1 7:00 AM 3:30 PM 7 7:00 AM 3:30 PM

2 7:00 AM 3:30 PM 8 7:00 AM 3:30 PM

3 7:00 AM 3:30 PM 9 7:00 AM 3:30 PM

4 7:00 AM 3:30 PM 10 7:00 AM 3:30 PM

5 7:00 AM 3:30 PM 11 7:00 AM 3:30 PM

6 7:00 AM 3:30 PM 12 7:00 AM 3:30 PM

Begin End

Political Subdivisions 7:00 AM 3:30 PM

B. NOVEMBER, DECEMBER, JANUARY, FEBRUARY, MARCH

DISTRICT Begin End DISTRICT Begin End

1 7:00 AM 4:00 PM 7 7:00 AM 4:00 PM

2 7:00 AM 4:00 PM 8 7:00 AM 4:00 PM

3 7:00 AM 4:00 PM 9 7:00 AM 4:00 PM

4 4:00 AM 8:00 PM 10 7:00 AM 4:00 PM

5 7:00 AM 4:00 PM 11 4:00 AM 8:00 PM

6 7:00 AM 4:00 PM 12 12:00 AM 11:59 PM

Begin End

Political Subdivisions 7:00 AM 4:00 PM

Exceptions, by location, to these delivery hours have been noted on the Department’s Excel pricing page.

7.5 Extension of Delivery Days/Hours

An awarded salt supplier may request from the Receiving Agency an extension of allowable delivery days (i.e. weekends and holidays) and/or delivery hours (beyond those hours which are noted below) when it expects that their ability to fulfill the current amount of outstanding orders may be in question. The Receiving Agency will make reasonable efforts to accommodate these requests given that the salt supplier has first provided sufficient notice, can guarantee when delivery will occur, and the quantity that will be delivered by location. The Receiving Agency has the discretion to approve or deny a supplier’s request for an extension. Requests for extensions will not be accepted nor granted after the fact.

7.6 ODOT Delivery Locations

ODOT delivery locations included as a part of this contract have been outlined by District and County on the Department’s Excel pricing page. The Department has identified locations on the pricing page where delivery will not be able to occur in accordance with the schedule/delivery requirements herein.

The Department reserves the right to add, throughout the contract duration, up to one additional delivery location for each individual county. Any tonnage ordered by the Department and delivered to the added location will be deducted from the vendor’s total ODOT statewide awarded tonnage and counted toward the Department meeting its 85% purchase requirements from the Vendor. The ODOT will communicate the additional location order details at least one week in advance of its intent to place an order for said location.

Additional delivery locations may be added by a county after April, to meet contract tonnages, including locations in counties not awarded to the vendor, and so long as the counties added have also met the contract tonnage requirements statewide. Any county (delivery location) added must be located between, or adjacent to, the county adding a location and the stockpile, providing a shorter haul distance. ODOT will communicate with the vendor to determine feasible locations at least one week in advance of its intent to place an order for said locations.

7.7 Political Subdivision Delivery Locations and Tonnages

Political Subdivision delivery locations and tonnages included as a part of this contract have been outlined by County on the Department’s Excel pricing page. Bidders must factor in these delivery locations and requested tonnages when submitting unit bid prices by County.

7.8 Notification of Intent to Deliver Materials

The Vendor (or trucking agent) shall provide notification to the Receiving Agency a minimum of one business day prior to its intent to deliver materials. Notice provided the business day prior to delivery shall be done by 12:00 PM. The Vendor (or trucking agent) shall provide an estimated arrival time for the first load, arrival time of last load to be delivered for the day, and the approximate quantity to be delivered for the day.

There may be some instances where an ODOT facility is not able to accept salt deliveries for a variety of reasons, in these instances the Department will notify the Vendor (or agent) of the situation upon receipt of prior days’ notice of the Vendor’s (or agents) intent to deliver the next business day.

NOTE: ODOT has several locations that are locked throughout the day. In order to accept delivery at these locations, the Department must receive proper notification from the Vendor and provide confirmation back to the vendor to ensure access, proper staffing, and acceptance of salt at these locations. Leaving a message does not provide the vendor/delivery driver with confirmation.

7.9 Minimum Delivery

A. Date of Award - Nov. 1, 2025 and March 16, 2026 – May 31, 2026 (or Contract End Date)

The minimum daily tonnage to be delivered on any order shall be 250 tons. In such cases where the order amount or balance remaining is less than 250 tons, the order amount or balance remaining shall be the daily tonnage delivered.

B. Nov 2, 2025 – Mar 15, 2026

The minimum daily tonnage to be delivered on any order shall be 125 tons. In such cases where the order amount or balance remaining is less than 125 tons, the order amount or balance remaining shall be the daily tonnage delivered.

C. Saturday/Sunday/Holiday Delivery Minimum

When a vendor schedules for weekend or Holiday delivery, the minimum daily tonnage to be delivered on any order shall be 400 tons. In such cases where the order amount or balance remaining is less than 400 tons, the order amount or balance remaining shall be the daily tonnage delivered. We recommend the vendor select orders that can meet this minimum requirement of 400 tons.

NOTE: Receiving Agency must schedule employees to be on site, outside of normal working hours. Therefore, if a vendor does not meet the minimum requirement, the vendor may be subject to a penalty of up to $1000. A vendor and Receiving Agency may mutually agree to a lesser amount. Documentation is recommended in advance to avoid any miscommunication.

7.10 Weigh (Scale) Tickets

All deliveries of road salt shall be accompanied by certified weight slips/scale tickets (in triplicate) from the salt supplier (or trucking agent) to be provided to the Receiving Agency upon each delivery of materials. Weight slips/scale tickets must be electronically generated and physically printed.

Handwritten weigh slips/scale tickets will not be accepted.

Each weigh slip/scale ticket shall include, at a minimum, all of the following information:

1) the name of the trucking firm

2) delivery date

3) delivery location

4) confirmation (order) number

5) signature or mechanically imprinted name of the person responsible for weighing the load

6) gross, tare, and net weights for delivered load

7.11 Material Placement and Ticket Signature

The Receiving Agency will instruct delivery drivers as to where all salt is to be unloaded once on the facility grounds. The driver may be directed to unload the salt into a Receiving Agency’s provided conveyor/stacker, storage facility, or other storage location (within the same grounds or reasonably close proximity facility). Close proximity for the purposes of this section will be considered as an alternate facility within a 1 mile radius.

The salt supplier (and its trucking agents) is required to obtain a signature** from a Receiving Agency representative for each delivery of materials. A Receiving Agency representative must be presented the weigh/scale ticket for signature by the trucking agent prior to the agent leaving the Receiving Agency’s facility. The Receiving Agency will not sign weigh/scale tickets after the trucking agent has left the facility grounds. Salt off-loaded by the Vendor’s trucking agent without the obtainment of a signature will become the property of the Receiving Agency without any compensation being due to the salt supplier.

** At the discretion of the Receiving Agency, an alternative to this signature may be substituted to maintain the safety of the Receiving Agency Employee and the Hauling Company Drivers.

7.12 Outstanding Order Reports

At a minimum, an awarded vendor must provide weekly status report of all (ODOT and Local Municipalities) open and completed orders in a single standard unlocked excel (.xlsx) sheet. These reports must include the Vendor Confirmation Number, Stockpile Location Name, Hauling Company, Order Date, County, delivery location, tonnage ordered, tonnage delivered to date, outstanding order balance to date. ODOT will contact the awarded vendors and identify where the reports will be sent, and it is anticipated that the reports should be provided by 9 a.m. Friday mornings unless otherwise agreed.

ODOT may request midweek reports when deliveries exceed the delivery requirement.

7.13 Late Delivery Damages

Damages may be assessed against an awarded salt supplier where an order with a balance of twenty-two (22) tons or greater has yet to be delivered to the Receiving Agency within the prescribed timeframes.

The Department may recover liquidated damages for outstanding balances of salt that do not meet the required delivery timeframes set forth in Section 7.3.

• 0 to 7 days No penalty assessed.

• 8 to 10 days 1% per day on outstanding balance of salt order not delivered

• 11 to 14 days 1.5% per day on outstanding balance of salt order not delivered

• 15 days or more 2% per day on outstanding balance of salt order not delivered

Receiving Agencies may also assess late delivery damages against an awarded salt supplier when the supplier’s (or trucking agents) failure to deliver causes the Receiving Agency to incur additional costs due to a delinquent delivery (e.g. moving salt from facility to facility to meet short term snow and ice needs, staff overtime, trucking costs, acquiring substitute salt quantities, etc.).

It is a requirement of this contract that all awarded salt suppliers communicate any delivery issues (expected or potential) to the Receiving Agency so as the parties can work together to mitigate any potential damages that may occur. With sufficient prior notice a Receiving Agency may be able to prioritize delivery locations based on current inventory levels and impending weather events to minimize or eliminate any potential monetary impacts.

7.14 Load Limits

The Receiving Agency reserves the right to spot-check truck and/or trailer loads at point of delivery, for weight conformance to that shown on weight slip or invoice (including tare weight if deemed advisable). Upon direction by authorized transportation personnel of the receiving agency, the truck and/or trailer shall proceed to the nearest available certified scales for such weight determination at no additional cost to the ODOT.

Any vehicle being used to haul materials under this contract shall be loaded so as not to exceed the combined or gross weight declared for the vehicle in its registration under the International Registration Plan.

Any vehicle being used to haul materials under this contract and registered under the International Registration Plan must have its combined or gross weight declared so as to be in conformance with the legal weight limitations imposed on vehicles traveling on any road or street in Ohio (ORC 5577.04).

Any vehicle determined to have a gross vehicle weight in excess of the combined or gross weight declared for the vehicle in its registration under the International Registration Plan shall be considered overloaded.

For the purpose of assessing damages, the extent of “overload” to which damages will apply shall be the difference between the IRP-declared combined or gross weight and the measured gross weight of the vehicle.

This schedule will apply in all cases, except where a Special Hauling Permit has been issued for the vehicle by the Ohio Department of Transportation, Office of Highway Management, Hauling Permit Section, in the amount up to the measured gross weight of the vehicle.

Schedule of Damages for Vehicle Overloads:

Overloads (lbs) Damages 0 - 2,000 $80.00 2,001 - 5,000 $100.00 + $1.00 per 100 lb of overload 5,001 - 10,000 $130.00 + $2.00 per 100 lb of overload 10,001 + $160.00 + $3.00 per 100 lb of overload

Drivers of all vehicles being used to haul materials on this invitation shall be informed by the supplier that damages shall be assessed for overloads.

These provisions are strictly for the convenience of administering this contract and shall not be construed to replace or waive any provision of the Ohio Revised Code or Ohio Administrative Code pertaining to vehicle weight limitation.

7.15 Damage to Receiving Agency Property

The salt supplier will be solely responsible for any damage to Receiving Agency property (e.g.

storage facilities, equipment, etc.) resulting from improper dumping/placement of salt or any other negligence of the salt supplier or its delivery drivers/trucking agents.

7.16 Rejected Materials

Any delivery to the Receiving Agency that has been rejected shall not be re-directed to any other location listed on the current contract. Updating or modifying delivery location information of an existing ticket that has been rejected, or re-issuing a new ticket for the rejected load with the same material in the delivery vehicle would be considered a breach of the contract terms and conditions. Reasons for a load being rejected are described, but not limited to those, in Sections 4.1.

Section 8: Invoicing Requirements

In addition to complying with the requirements for invoicing included in the Standard Terms and conditions, awarded salt supplier must adhere to the following requirements in submitting invoices to the Receiving Agency for payment:

a.) Invoices shall indicate the Receiving Agency Purchase Order number, delivery location(s), tonnage(s) delivered, and date of delivery, confirmation (order) number, and the appropriate cost per ton. Vendors shall provide invoices by location and delivery date.

b.) Along with invoices, the salt supplier must submit copies of the Receiving Agency signed weigh/scale ticket(s) for each delivery of salt included on the invoice. The Receiving Agency will not process invoices for payment that are not accompanied by appropriately signed weigh/scale tickets.

Invoices not accompanied by the appropriately signed weigh/scale tickets will be considered improper.

8.1 Invoicing Payments

Upon receipt of an invoice, the Receiving Agency shall provide payment to the Awarded vendor within 30 calendar days. The invoice shall be paid in full. Adjustments for Deficiencies are addressed in Section 8.2

8.2 Invoice Adjustments/Payments (Credits) for Deficient Materials Penalties Assessed

ODOT

Any credits or payments due back to the ODOT because of deficient materials having been received will be tracked and the cumulative total of said credits will be paid by check. The payment of said credit shall be made payable to the Treasurer, State of Ohio in the case of ODOT, for the appropriate amount to be credited back to the Receiving Agency. The payment for such credits shall occur within 15 business days after the contract end date. ODOT will allow an interim payment date to occur at the end of the Vendors Fiscal calendar year, to keep such credits within the Vendors Fiscal calendar year.

At the discretion of the ODOT, a credit memo may be applied for the established payment date(s) listed above, in lieu of a check. This shall be addressed with the Office of Project Accounting.

ODOT and the vendor shall come to an agreement to accept a credit memo by October 1, 2023.

The vendor shall also notify ODOT of the Fiscal calendar end date if they choose to provide the interim payment.

Local Municipalities

Any invoice credits or payments due back to the Receiving Agency because of deficient materials having been received must be issued by the awarded vendor within thirty (30) days of notification.

If an invoice including delivered salt materials found to be deficient has already been paid by the Receiving Agency, the Vendor must either apply the credit to another invoice due for payment or issue a check for the appropriate amount to be credited back to the Receiving Agency.

Please Note: In lieu of monetary payments/invoice credits, the Vendor may offer the Receiving Agency additional salt quantities as payment for deficient materials penalties. It is at the sole discretion of the Receiving Agency to approve or deny the Vendor’s offer. In the case of ODOT, these offers for additional salt quantities in lieu of monetary payments/invoice credits must be sent to the Office of Contract Sales, Purchasing Section via email to:

Contracts.Purchasing@dot.ohio.gov

Section 9: ODOT Cooperative Purchasing Program

9.1. Political Subdivision Participants in Cooperative Purchasing Program

In accordance with Ohio Revised Code 5513.01, the Director of ODOT may permit Political Subdivisions, State agencies, Ohio Turnpike and Infrastructure Commission, and state universities and colleges (collectively the “agencies” and “Political Subdivisions” for the purposes of this section) mailto:Contracts.Purchasing@dot.ohio.gov to participate in bidding opportunities and/or contracts awarded by the Department. As such, by submitting a response to this ITB the bidder acknowledges that it will be bound to supply, in accordance with the terms and conditions of this contract, the requested quantities of Sodium Chloride (Rock Salt) to the participating agencies/Political Subdivisions included on the Department’s pricing page (and those incorporated into this contract by formal addendum). Pursuant to Section 5513.01(B) of the Ohio Revised Code, these agencies have willingly decided to participate in this bidding opportunity and have filed binding participation agreements with the Ohio Department of Transportation, Office of Contract Sales to be bound by all terms and conditions of this agreement upon award of this ITB by the Director of ODOT. Upon award of this ITB, each Political Subdivision incorporated into this bidding opportunity will effectively have an individual contract with their awarded bidder (vendor).

Subject to the conditions outlined below, Political Subdivisions understand that they are bound to purchase a minimum of 85% (unless the minimum provision for the county is met collectively, as stated in Section 3), and may purchase up to a maximum of 115% (or 125%, if alternatively bid per Section 5.2), of their individual tonnage requested.

It is the sole responsibility of each Political Subdivision and their awarded salt Vendor to solve any claims or disputes that arise. The Vendor agrees to hold the State of Ohio, Department of Transportation harmless for any and all claims and disputes that may arise out of an agency’s participation in this contract. The Vendor, by submitting a bid, acknowledges that the participating agencies are intended beneficiaries under this contract and are real parties in interest with the capacity to sue and be sued in their own name without joining the State of Ohio Department of Transportation.

The Vendor will deal directly with any participating agency that is participating in this contract. All orders will then be filled in accordance with the terms and conditions of this contract, including minimum order quantities.

9.2 Political Subdivision’s Opportunity to Cancel

Notwithstanding any other provision in this Contract, Political Subdivisions MAY CANCEL their requested quantities in whole within seven (7) days of the award date. This cancellation must be received by the Department through a written email request sent to the ODOT Office of Contract Sales, Purchasing Section email: Contracts.Purchasing@dot.ohio.gov by the deadline. The Department, upon receipt, will respond that it has received the request to cancel and that it has effectively removed the Political Subdivision’s participation request in whole or in part. It is the sole responsibility of the Political Subdivision to ensure ODOT has received their cancellation. The Department shall not be held responsible or liable for failure to receive a Political Subdivision’s cancellation.

9.3 Political Subdivision’s Opportunity to Reduce Quantity and Acceptance of Cancelation Fee

Political Subdivision may, at any point during the term of this Contract, cancel up to 25% of their initial total order. However, there shall be a cancellation fee of $7/ton. This does not impact the 85% purchasing requirement. Thus, a Political Subdivision may still purchase only 85% of their initial total order and not be required to pay a cancellation fee.

This provision does not apply to the Department, as the Department does not intend to cancel any portion of its order.

mailto:Contracts.Purchasing@dot.ohio.gov

The Political Subdivision shall notify the awarded vendor a minimum of 10 calendar days prior to the end of the contract. However, the Political Subdivision should make every effort to determine its need for cancellation by April 1, 2026 and notify the vendor of said decision.

9.4 Vendor’s Right to Refuse Delivery

In the event that a Political Subdivision becomes sixty (60) days or more delinquent on any properly submitted invoice from a Vendor, the Vendor has the right to refuse to make any further deliveries without penalty under this Agreement and/or has the right to require COD for any future deliveries, until all delinquent invoices are brought current.

9.5 Agencies Not Covered Under This Agreement

An awarded vendor may allow Political Subdivisions authorized to participate in ODOT contracts that are not included in this ITB the ability to join this contract at any time throughout the duration of the agreement. If an agency is accepted by the vendor to join this agreement, only the bid prices established through this agreement shall apply. While the decision to accept additional agencies is solely up to the awarded vendor, the vendor must obtain ODOT’s approval prior to accepting any orders from an agency. Ohio Revised Code 5513.01 requires that agencies obtain the approval of the Department prior to being able to participate in its contracts. Specific requirements must be met before an agency can be approved to participate. This requirement serves to protect both the awarded vendor and the Department.

9.6 Participating Political Subdivisions

The Political Subdivisions included on the Department’s Excel pricing page, including those which are added by addendum, are incorporated by reference into the requirements of this bid solicitation and any resulting contract. Upon award of this ITB, the awarded bidder will be bound to supply each Political Subdivision included in this ITB with their requested tonnage.

Section 10: MBE Participation Requirement

10.1 General Definitions

“Certification/Certified” means a determination made by a State agency with…