54-LC-01232025 Liquid Asphalt.pdf

STATE OF NORTH CAROLINA

Department of Transportation

Invitation for Bid #: 54-LC-01232025

Liquid Asphalt

Date Issued: April 4, 2025

Bid Opening Date: April 21, 2025

At 2:00 PM ET

Direct all inquiries concerning this IFB to:

Lyndsey K. Campbell

Procurement Specialist III

Email: lkcampbell@ncdot.gov

Phone: 919-707-2641 mailto:lkcampbell@ncdot.gov

Ver. 11/2023

Invitation for Bids #

54-LC-01232025

For internal State agency processing, including tabulation of bids, provide your company’s eVP (Electronic Vendor Portal) Number. Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept confidential, before the procurement file is made available for public inspection.

This page shall be filled out and returned with your bid.

Failure to do so shall be sufficient cause to reject your bid.

Vendor Name

Vendor eVP #

Note: For a contract to be awarded to you, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor

Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login

Electronic responses ONLY will be accepted for this solicitation.

https://vendor.ncgov.com/vendor/login

Ver: 11/2023 1

EXECUTION

In compliance with this Invitation for Bids (IFB), and subject to all the conditions herein, the undersigned Vendor offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein.

By executing this bid, the undersigned Vendor understands that false certification is a Class I felony and certifies that:

this bid is submitted competitively and without collusion (G.S. 143-54), that none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and it is not an ineligible Vendor as set forth in G.S. 143-59.1.

Furthermore, by executing this bid, the undersigned certifies to the best of Vendor’s knowledge and belief, that:

it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.

As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this IFB, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system.

As required by Executive Order 24 (2017), the undersigned vendor certifies will comply with all Federal and State requirements concerning fair employment and that it does not and will not discriminate, harass, or retaliate against any employee in connection with performance of any Contract arising from this solicitation.

G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this bid response to the IFB, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor are not aware that any such gift has been offered, accepted, or promised by any employees or agents of Vendor’s organization.

By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS incorporated herein. These documents can be accessed from the ATTACHMENTS page within this document.

Failure to execute/sign bid prior to submittal shall render bid invalid and it WILL BE REJECTED. Late bids cannot be accepted.

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE: DATE: E-MAIL:

Department of Transportation

Refer ALL Inquiries regarding this IFB to:

Lyndsey K. Campbell lkcampbell@ncdot.gov 919-707-2641

Invitation for Bids # 54-LC-01232025 Bids will be publicly opened: April 21, 2025, at 2:00 PM ET

Using Agency: NC Department of Transportation Commodity No. and Description: 301216 Asphalts Requisition No.: N/A

Bid Number: 54-LC-01232025 Vendor: ____________________________________

Ver: 11/2023 2

FOR STATE USE ONLY: Offer accepted and Contract awarded this _______ day of _______________, 2025, as indicated on the attached certification by ______________________________________________________

VALIDITY PERIOD

Offer shall be valid for at least ninety (90) days from the date of bid opening, unless otherwise stated here: ______ days, or if extended by mutual agreement of the parties. Any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this

IFB.

BID ACCEPTANCE

If your bid is accepted, all provisions of this IFB, along with the written results of any negotiations, shall constitute the written agreement between the parties (“Contract”). The NORTH CAROLINA GENERAL TERMS AND CONDITIONS are incorporated herein and shall apply.

Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed.

(Authorized Representative of Department of Transportation)

Ver: 11/2023 3

1.0 PURPOSE AND BACKGROUND

1.1 CONTRACT TERM

2.0 GENERAL INFORMATION

2.1 INVITATION FOR BID DOCUMENT

2.2 E-PROCUREMENT FEE

2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS

2.4 IFB SCHEDULE

2.5 BID QUESTIONS

2.6 BID SUBMITTAL

2.7 BID CONTENTS

2.8 ALTERNATE BIDS

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

3.0 METHOD OF AWARD AND BID EVALUATION PROCESS

3.1 METHOD OF AWARD

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

3.3 BID EVALUATION PROCESS

3.4 PERFORMANCE OUTSIDE THE UNITED STATES

3.5 INTERPRETATION OF TERMS AND PHRASES

4.0 REQUIREMENTS

4.1 PRICING

4.2 ESTIMATED QUANTITIES

4.3 PRODUCT IDENTIFICATION

4.4 TRANSPORTATION AND IDENTIFICATION

4.5 DELIVERY

4.6 HUB PARTICIPATION

4.7 VENDOR’S REPRESENTATIONS

4.8 FINANCIAL STABILITY

4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION

4.10 APPROVED RESOURCE

4.11 ADDITIONAL REQUIREMENTS

5.0 PRODUCT SPECIFICATIONS

SPECIFICATIONS

5.2 CERTIFICATION AND SAFETY LABELS

5.3 DEVIATIONS

6.0 CONTRACT ADMINISTRATION

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

6.2 CONTINUOUS IMPROVEMENT

6.3 ACCEPTANCE OF WORK

6.4 INVOICES

6.5 SAFETY DATA SHEETS

6.6 DISPUTE RESOLUTION

6.7 PRODUCT RECALL

Ver: 11/2023 4

6.8 PRICE ADJUSTMENTS

6.9 CONTRACT CHANGES

6.10 SAMPLING AND TESTING

6.11 LIQUIDATED DAMAGES

6.12 PRODUCT PERFORMANCE

7.0 ATTACHMENTS

ATTACHMENT A: PRICING

ATTACHMENT B: INSTRUCTIONS TO VENDORS

ATTACHMENT C: NORTH CAROLINA GENERAL TERMS & CONDITIONS

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

ATTACHMENT E: RESERVED

ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

ATTACHMENT H: VENDOR REQUEST FOR EO50 PRICE-MATCHING

Ver: 11/2023 5

1.0 PURPOSE AND BACKGROUND

The purpose of this Invitation for Bid (IFB) is to obtain pricing from Vendors to furnish Liquid Asphalt to the North Carolina Department of Transportation (NCDOT) for all counties located within each of the fourteen (14) divisions.

The intent of this solicitation is to award an Agency Specific Term Contract.

Bids shall be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto.

1.1 CONTRACT TERM

The Contract shall have an initial term of three (3) years, beginning on the date of final Contract execution (the “Effective Date”) or July 1, 2025, whichever is later.

At the end of the Contract’s initial term, the State shall have the option, in its sole discretion, to extend a contract term after the last active term.

2.0 GENERAL INFORMATION

2.1 INVITATION FOR BID DOCUMENT

The IFB is comprised of the base IFB document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference.

2.2 E-PROCUREMENT FEE

ATTENTION: The E-Procurement fee may apply to this solicitation. See paragraph entitled ELECTRONIC PROCUREMENT of the North Carolina General Terms and Conditions.

General information on the E-Procurement Services can be found at: http://eprocurement.nc.gov/.

2.3 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS

It shall be the Vendor’s responsibility to read the Instructions to Vendors, the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this IFB and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this IFB.

If Vendors have questions or issues, or exceptions regarding any component within this IFB, those must be submitted as questions in accordance with the instructions in the BID QUESTIONS Section. If the State determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an IFB addendum. The State may also elect to leave open the possibility for later negotiation of specific provisions of the Contract that have been addressed during the question-and-answer period, prior to contact award.

Other than through this process or negotiation under 01 NCAC 05B.0503, the State rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s bid. This applies to any language appearing in or attached to the document as part of the Vendor’s bid that purports to vary any terms and conditions or Vendors’ instructions herein or to render the bid non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above).

The State may exercise its discretion to consider Vendor proposed modifications. By execution and delivery of this IFB Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded unless expressly agreed upon through negotiations and incorporated by way of a Best and Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as non-responsive.

http://eprocurement.nc.gov/

Ver: 11/2023 6

2.4 IFB SCHEDULE

The table below shows the intended schedule for this IFB. The State will make every effort to adhere to this schedule.

Event Responsibility Date and Time

Issue IFB State April 4, 2025 Submit Written Questions Vendor April 10, 2025, by 2:00PM ET Submit Bids Vendor April 21, 2025, by 2:00PM ET Public bid opening for this solicitation will be conducted via conference call. Vendors may use the links below or use the call-in number to join the bid opening April 21, 2025, at 2:00 PM ET.

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Join the meeting now

Meeting ID: 238 198 027 857

Passcode: z8CN6tH7

Dial in by phone

+1 984-204-1487,,764164000# United States, Raleigh

Find a local number

Phone conference ID: 764 164 000#

Join on a video conferencing device

Tenant key: ncgov@m.webex.com

Video ID: 112 990 283 9

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For organizers: Meeting options | Reset dial-in PIN

2.5 BID QUESTIONS

Upon review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the best bid possible. To accommodate the Bid Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum.

Written questions shall be e-mailed to lkcampbell@ncdot.gov by the date and time specified above. Vendors will enter “IFB # 54-LC-01232025: Questions” as the subject for the email. Question submittals will include a reference to the applicable IFB section and be submitted in the format shown below:

Reference Vendor Question

IFB Section, Page Number Vendor question …?

https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjY1MjJlMzQtN2UzZS00YWU4LTk1Y2QtYmJkY2ExYmQxMWE5%40thread.v2/0?context=%7b%22Tid%22%3a%227a7681dc-b9d0-449a-85c3-ecc26cd7ed19%22%2c%22Oid%22%3a%22d2868f03-aac4-4b76-8b11-06de634b9026%22%7d tel:+19842041487,,764164000 https://dialin.teams.microsoft.com/c102d528-0544-4660-b869-294e85047e28?id=764164000 https://www.webex.com/msteams?confid=1129902839&tenantkey=ncgov&domain=m.webex.com https://teams.microsoft.com/meetingOptions/?organizerId=d2868f03-aac4-4b76-8b11-06de634b9026&tenantId=7a7681dc-b9d0-449a-85c3-ecc26cd7ed19&threadId=19_meeting_YjY1MjJlMzQtN2UzZS00YWU4LTk1Y2QtYmJkY2ExYmQxMWE5@thread.v2&messageId=0&language=en-US https://dialin.teams.microsoft.com/usp/pstnconferencing

Ver: 11/2023 7

Questions received prior to the submission deadline date, the State’s response, and any additional terms deemed necessary by the State will be posted in the form of an addendum to the electronic Vendor Portal (eVP), https://evp.nc.gov, and shall become an Addendum to this IFB. No information, instruction or advice provided orally or informally by any State personnel, whether made in response to a question or otherwise in connection with this IFB, shall be considered authoritative or binding.

Vendors shall rely only on written material contained in an Addendum to this IFB.

2.6 BID SUBMITTAL

IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its bid has been received as described in this IFB by the specified time and date of opening. The date and time of receipt will be marked on each bid when received. Any bid or portion thereof received after the bid submission deadline will be rejected.

All proposal responses shall be submitted electronically via the electronic Vendor Portal (eVP). Additional information can be found at the eVP updates for Vendors link: https://eprocurement.nc.gov/news-events/evp-updates-vendors.

Failure to submit a bid in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s bid(s).

Vendors are strongly encouraged to allow sufficient time to upload bids.

Critical updated information may be included in Addenda to this IFB. It is important that all Vendors responding on this IFB periodically check the State’s eVP website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this IFB and all Addenda thereto.

2.7 BID CONTENTS

Vendors shall populate all attachments of this IFB that require the Vendor to provide information and include an authorized signature where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in the State rejecting Vendor’s bid, in the State’s sole discretion

Vendor IFB responses shall include the following items and attachments, which shall be arranged in the following order:

a) Completed and signed version of EXECUTION PAGES, along with the body of the IFB.

b) Signed receipt pages of any addenda released in conjunction with this IFB, if required to be returned.

c) Completed version of ATTACHMENT A: PRICING

d) Completed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION

e) Completed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR

f) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION

g) Completed and signed version of ATTACHMENT H: VENDOR REQUEST FOR EO50 PRICE-MATCHING, if applicable

2.8 ALTERNATE BIDS

Unless provided otherwise in this IFB, Vendor may submit alternate bids for comparable Goods, various methods or levels of Service(s), or that propose different options. Alternate bids must specifically identify the IFB requirements and advantages addressed by the alternate bid. Any alternate bid, in addition to the marking described above, must be clearly marked with the legend: “Alternate Bid # 54-LC-01232025 [for ‘name of Vendor’]”. Each bid must be for a specific set of Goods and Services and must include specific pricing. If a Vendor chooses to respond with various offerings, each must be offered with a separate price and be contained in a separate bid. Each bid must be complete and independent of other bids offered.

2.9 DEFINITIONS, ACRONYMS, AND ABBREVIATIONS

Relevant definitions for this IFB are provided in 01 NCAC 05A .0112 and in the Instructions to Vendors referenced below which are incorporated herein by this reference.

The following definitions, acronyms, and abbreviations are also relevant to this IFB:

https://evp.nc.gov/ https://eprocurement.nc.gov/news-events/evp-updates-vendors

Ver: 11/2023 8

• CRS-Cationic Rapid Set

• CRS-2P – Polymer Modified Asphalt Emulsions

• CRS-2L – Latex Modified Asphalt Emulsions

• DEADHEAD-Operating a truck/tractor with its trailer empty

• PUMPING-Deliveries that require the carrier to pump products in a storage tank

• SDS-Safety Data Sheet

• TRAILER DROPPING-Dropping tankers or spot trailers for unloading on the job site

3.0 METHOD OF AWARD AND BID EVALUATION PROCESS

3.1 METHOD OF AWARD

North Carolina G.S. 143-52 provides a general list of criteria the State shall use to award contracts, as supplemented by the additional criteria herein. The Goods or Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the State’s best interest.

All responsive bids will be reviewed, and award or awards will be based on the responsive bid(s) offering the lowest price that meets the specifications to include any required verifications set out herein such as but not limited to past performance and financial documents.

While the intent of this IFB is to award a Contract(s) to multiple Vendors, the State reserves the right to make separate awards to different Vendors for one or more-line items, to not award one or more line items or to cancel this IFB in its entirety without awarding a Contract, if it is considered to be most advantageous to the State to do so.

If a Vendor selected for award is determined by the State to be a non-resident of North Carolina, all responsive bids will be reviewed to determine if any of them were submitted by a North Carolina resident Vendor who requested an opportunity to match the price of the winning bid, pursuant to Executive Order #50 and G.S. 143-59 (for more information, please refer to ATTACHMENT H: VENDOR REQUEST FOR EXECUTIVE ORDER #50 PRICE MATCHING. If such bid(s) are identified, the State will then determine whether any such bid falls within the price-match range, and, if so, make a Contract award in accordance with the process that implements G.S. 143-59 and Executive Order #50.

The State reserves the right to waive any minor informality or technicality in bids received.

3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION

While this IFB is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation. See Paragraph 29 of the Instructions to Vendors entitled COMMUNICATIONS BY VENDORS.

Each Vendor submitting a bid to this IFB, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency; other government agency office or body (including the purchaser named above, any department secretary, agency head, members of the General Assembly and Governor’s office); or private entity, if the communication refers to the content of Vendor’s bid or qualifications, the content of another Vendor’s proposal, another Vendor’s qualifications or ability to perform a resulting contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals, the award of a contract, or both.

Any Vendor not in compliance with this provision shall be disqualified from evaluation and award. A Vendor’s proposal may be disqualified if its subcontractor and/or supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement until the date of contract award or cancellation of the procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing

Ver: 11/2023 9 agency for this IFB, or inquiries directed to the purchaser named in this IFB regarding requirements of the IFB (prior to proposal submission) or the status of the award (after submission) are excepted from this provision.

3.3 BID EVALUATION PROCESS

Only responsive submissions will be evaluated.

The State will conduct an evaluation of responsive Bids, as follows:

Bids will be received according to the method stated in the Bid Submittal section above.

All bids must be received by the issuing agency not later than the date and time specified in the IFB SCHEDULE Section above, unless modified by Addendum. Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the State reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the State.

At the date and time provided in the IFB SCHEDULE Section above, unless modified by Addendum, the bids from each responding Vendor will be opened publicly and all offers (except those that have been previously withdrawn, or voided bids) will be tabulated. The tabulation shall be made public at the time it is created. When negotiations after receipt of bids are authorized pursuant to G.S. 143-49 and 01 NCAC 05B.0503, only the names of offerors and the Goods and Services offered shall be tabulated at the time of opening. If negotiation is anticipated, cost and price shall become available for public inspection at the time of the award. Interested parties are cautioned that these costs and their components are subject to further evaluation of completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

At their option, the evaluators may request oral presentations or discussions with any or all Vendors for clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all bids should be complete and reflect the most favorable terms available from the Vendor. Prices bid cannot be altered or modified as part of a clarification.

Bids will generally be evaluated, based on completeness, content, cost and responsibility of the Vendor to supply the requested Goods and Services. Specific evaluation criteria are listed in Section 3.1 METHOD OF AWARD.

Upon completion of the evaluation process, the State will make Award(s) based on the evaluation and post the award(s) to the State’s eVP website under the IFB number for this solicitation. Award of a Contract to one Vendor does not mean that the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and represented the best value to the State.

The State reserves the right to negotiate with one or more Vendors, or to reject all original offers and negotiate with one or more sources of supply that may be capable of satisfying the requirement, and in either case to require Vendor to submit a Best and Final Offer (BAFO) based on discussions and negotiations with the State.

3.4 PERFORMANCE OUTSIDE THE UNITED STATES

Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this IFB, the State may also consider, for purposes of evaluating proposed or actual contract performance outside of the United States, how that performance may affect the following factors to ensure that any award will be in the best interest of the State:

a) Total cost to the State

b) Level of quality provided by the Vendor

c) Process and performance capability across multiple jurisdictions

d) Protection of the State’s information and intellectual property

e) Availability of pertinent skills

f) Ability to understand the State’s business requirements and internal operational culture

g) Particular risk factors such as the security of the State’s information technology

h) Relations with citizens and employees

Ver: 11/2023 10

i) Contract enforcement jurisdictional issues

3.5 INTERPRETATION OF TERMS AND PHRASES

This IFB serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the State; and

(2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether bids should be evaluated or rejected, the State will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the State’s needs as described in the IFB. Except as specifically stated in the IFB, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in the State exercising its discretion to reject a bid in its entirety.

4.0 REQUIREMENTS

This Section lists the requirements related to this IFB. By submitting a bid, the Vendor agrees to meet all stated requirements in this Section, as well as any other specifications, requirements, and terms and conditions stated in this IFB. If a Vendor is unclear about a requirement or specification or believes a change in a requirement would allow the State to receive a better bid, the Vendor is encouraged to submit these items in the form of a question during the question-and-answer period in accordance with the Bid Questions Section above.

4.1 PRICING

Bid price shall constitute the total cost to the State for delivery fully assembled and ready for use, including all applicable charges for shipping, delivery, handling, administrative and other similar fees. Complete ATTACHMENT A: PRICING FORM and include in Vendor’s response. There shall be no extra charge for the following: Pumping, Trailer Dropping, and/or Hose.

4.2 ESTIMATED QUANTITIES

The quantities indicated herein are three (3) year estimates only and are provided for informational purposes based on the usage during the previous three (3) year period. No maximum or minimum quantities are guaranteed. It shall be understood and agreed that the State may purchase more or less than the estimated quantities during the contract period. The State reserves the right to increase or decrease the quantities as needed. The State shall not be obligated to purchase more than its normal requirements. The State will be responsible only for items requested and received.

4.3 PRODUCT IDENTIFICATION

SUITABILITY FOR INTENDED USE

Vendors are requested to offer only items directly complying with the specifications herein or comparable items which will provide the equivalent capabilities, features and diversity called for herein. The State reserves the right to evaluate all bids for suitability for the required use and to award the one best meeting requirements and considered to be in the State’s best interest.

4.4 TRANSPORTATION AND IDENTIFICATION

The Vendor shall deliver Free-On-Board (FOB) Destination to any requested location within the State of North Carolina with all transportation costs and fees included in the total bid price.

When an order is placed using a purchase order, the purchase order number shall be shown on all packages and shipping manifests to ensure proper identification and payment of invoices. If an order is placed without using a purchase order, such as via phone, the Buyer’s name shall be shown on all packages. A complete packing list shall accompany each shipment. Vendors shall not ship any products until they have received an order.

When an order is placed via phone or email, the NCDOT Representative’s name shall be shown on all pick up/delivery tickets to ensure proper identification and payment of invoices. Vendors shall not expect any delivery requests or pickups from the State until they have received an order.

Ver: 11/2023 11

4.5 DELIVERY

The Vendor shall deliver Free-On-Board (FOB) Destination to the following location(s):

All counties located within each of the 14 Divisions.

NCDOT shall schedule delivery dates with Vendor, as needed. NCDOT will provide Vendor with at least five (5) days’ notice prior to delivery, under normal circumstances.

Vendor shall deliver on the dates and times specified. If Vendor cannot deliver the date specified, Vendor shall give notice by phone and confirmed by email, of Vendor’s inability to deliver no later than one hour before the scheduled delivery time.

Failure to make delivery on scheduled date and/or failure to notify NCDOT may result in liquidated damages as specified in Section 6.11.

Vendor shall supply all equipment needed for delivery i.e., pumps, hoses, tank drop, etc.

Delivery tickets for all truck shipments must be signed by the person receiving the product and shall show at least: gross, tare, and net weights.

4.6 HUB PARTICIPATION

Pursuant to North Carolina General Statute G.S. 143-48, it is State policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this IFB will serve to identify those Vendors that are minority owned or have a strategic plan to support the State’s Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete

ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION.

4.7 VENDOR’S REPRESENTATIONS

If the bid results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the State under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the Contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and/or other Deliverables.

4.8 FINANCIAL STABILITY

As a condition of contract award, the Vendor must certify that it has the financial capacity to perform and to continue to perform its obligations under the Contract; that Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction

Each Vendor shall certify it is financially stable by completing the ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION.

The State is requiring this certification to minimize potential performance issues from contracting with a Vendor that is financially unstable. This Certification shall be deemed continuing, and from the date of the Certification to the expiration of the Contract, the Vendor shall notify the State within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification.

4.9 AGENCY INSURANCE REQUIREMENTS MODIFICATION

A. Default Insurance Coverage from the General Terms and Conditions applicable to this Solicitation:

☒ Contract value in excess of $1,000,000.00

Ver: 11/2023 12

4.10 APPROVED RESOURCE

The asphalt terminal location(s) from which liquid asphalt will be furnished must be an approved resource listed on the NCDOT Materials and Test (M&T) Producer/Supplier List. For a list of approved asphalt terminals, please go to https://apps.ncdot.gov/vendor/approvedproducts/Producer.aspx. Vendor shall list terminal in ATTACHMENT A: PRICING.

Terminal(s) listed by Vendor must meet the following:

• Have a current Asphalt Emulsion Quality Control Plan approved by M&T for their terminal

• Have a current Laboratory with NCDOT approved certified technicians to test any material that will be provided to NCDOT

• Participate in the NCDOT Asphalt Emulsion Quality Control / Quality Assurance Program

4.11 ADDITIONAL REQUIREMENTS

Hoses– shall be a minimum of 30-foot sections

Deadhead – if Vendor is required to deadhead tractor to pick up empty trailer, the State approves a charge of $1.25 per mile from the Vendor’s originating terminal. There shall be no charge for deadheads from within the same county.

Minimum Truckload – shall be 45,000 pounds or legal compacity of tank trailer (5,344 gal) whichever is less.

5.0 PRODUCT SPECIFICATIONS

SPECIFICATIONS

The specific items and any specifications that the Purchasing Agency is seeking shall conform to the North Carolina Department of Transportation Raleigh STANDARD SPECIFICATIONS FOR ROADS AND STRUCTURES dated January 2024.

Including, but not limited to, Sections 620 (pg. 6-32 through 6-33), Section 660 (pg. 6-41 through 6-47), Section 1020 (pg. 10- 44 through 10-48) and any addenda or revisions.

Material shall be a minimum of 130° F and not exceed a maximum of 160° F in the Vendor tank when delivered within two hours of scheduled delivery time. Total rejection of shipment may be imposed for deliveries with a temperature factor in the Vendor’s tanker with a varying heat factor of 5° F less than the required minimum of 130° F or 5° F greater than the maximum of 160° F. Failure to comply with the required temperature from the terminal to delivery point may subject the delivery to rejection.

5.2 CERTIFICATION AND SAFETY LABELS

All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and /or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.

5.3 DEVIATIONS

The nature of all deviations from the Specifications listed herein shall be clearly described by the Vendor. Otherwise, it will be considered that items offered by the Vendor are in strict compliance with the Specifications provided herein, and the successful Vendor shall be required to supply conforming goods. Deviations shall be explained in detail on an attached sheet. However, no implication is made or intended by the State that any deviation will be acceptable. Do not list objections to the North Carolina General Terms and Conditions in this section.

https://apps.ncdot.gov/vendor/approvedproducts/Producer.aspx https://connect.ncdot.gov/resources/Specifications/2024StandardSpecifications/2024%20Standard%20Specifications%20for%20Roads%20and%20Structures.pdf https://connect.ncdot.gov/resources/Specifications/2024StandardSpecifications/2024%20Standard%20Specifications%20for%20Roads%20and%20Structures.pdf

Ver: 11/2023 13

6.0 CONTRACT ADMINISTRATION

All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the Vendor’s planning purposes

6.1 CONTRACT MANAGER AND CUSTOMER SERVICE

The Vendor shall be required to designate and make available to the State a contract manager. The contract manager shall be the State’s point of contact for Contract related issues and issues concerning performance, progress review, scheduling, and service.

Contract Manager Point of Contact

Name:

Office Phone #:

Mobile Phone #:

Email:

The Vendor shall be required to designate and make available to the State for customer service. The customer service point of contact shall be the State’s point of contact for customer service-related issues.

Customer Service Point of Contact

Name:

Office Phone #:

Mobile Phone #:

Email:

6.2 CONTINUOUS IMPROVEMENT

The State encourages the Vendor to identify opportunities to reduce the total cost the State. A continuous improvement effort consisting of various ideas to enhance business efficiencies as performance progresses.

6.3 ACCEPTANCE OF WORK

Performance of the work and delivery of Goods shall be conducted and completed at least in accordance with the Contract requirements and recognized and customarily accepted industry practices. Performance shall be considered complete when the Services or Goods are approved as acceptable by the Contract Administrator.

The State shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or delivery of a deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the State shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation, or testing, as applicable to the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any specifications, acceptance criteria or otherwise fail to conform to the Contract, the State may exercise any and all rights hereunder, including, for Goods deliverables, such rights provided by the Uniform Commercial Code, as adopted in North Carolina.

Ver: 11/2023 14

6.4 INVOICES

Vendor shall invoice the end user. The standard format for invoicing shall be Single Invoices, meaning that the Vendor shall provide the end user with an invoice for each order. Invoices shall include detailed line-item information to allow end users to verify pricing at point of receipt matches the correct price from the original date of order. At a minimum, the following fields shall be included on all invoices:

Vendor’s Billing Address, Customer Account Number, NC Contract Number, Order Date, Item number of Asphalt, Asphalt Descriptions, Price, Quantity, and Unit of Measure.

INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS ACCEPTED.

All invoices for Liquid Asphalt CRS-1, CRS-1H, CRS-2, CRS-2L, and CRS-2P shall be by gallons and show delivery temperature of 130-160°F.

6.5 SAFETY DATA SHEETS

In addition to meeting Federal and State Laws and requirements concerning hazardous chemicals, Vendor shall forward with each invoice a proper and current SDS. Furthermore, Vendor shall furnish NCDOT and/or its agencies additional SDS as requested.

6.6 DISPUTE RESOLUTION

During the performance of the Contract, the Parties agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the State’s Contract Manager for a resolution. Any claims by the State shall be submitted in writing to the Vendor’s Project Manager for a resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s).

During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The Parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This provision, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute.

6.7 PRODUCT RECALL

Vendor expressly assumes full responsibility for prompt notification to the Buyer listed on the face of this IFB of any product recall in accordance with the applicable state or federal regulations. The Vendor shall support the State, as necessary, to promptly replace any such products, at no cost to the State.

6.8 PRICE ADJUSTMENTS

All price adjustments under this proposed contract shall be based solely on the month to month change in the Average of the "Monthly Terminal FOB Asphalt Binder Prices” PG 64-22 as published by NCDOT. Adjustments will be made to the payments due the Contractor for asphalt binder (PG 64-22) when it has been determined that the monthly average terminal F. O. B. selling price of asphalt binder, Grade PG 64-22, has fluctuated from the Base price index for asphalt binder included in the contract.

Adjustments for PG 64-22 will be the full amount of the change in accordance with Section 620 of the 2024 Standard Specifications.

Adjustments for Emulsion (CRS-1, CRS-1H, CRS-2, CRS-2P, CRS-2L) will be equal to 0.00255 times the change of price in PG 64-

22. The constant 0.00255 is based on 60% residuum and 235 gallons/ton of PG 64-22. Below is the formula for the calculation:

Ver: 11/2023 15

A = B + ((D – C) / 235) 0.60

Where:

A = Adjusted Contract Unit Price of Emulsion per gallon B = Contract Unit Price of Emulsion per gallon C = Base Price Index of PG 64-22 per ton D = Monthly Average Terminal F.O.B. Selling Price for PG 64-22 per ton

Any upward or downward change in the "Monthly Terminal FOB Asphalt Binder Prices" will be applied to the established contract price on the first day (1st) of the month for which the changed prices are published.

The base price index for asphalt binder PG 64-22 is $565.63 per ton. This base price index represents an average of F.O.B.

selling prices of asphalt binder at supplier's terminals on April 1, 2025.

Notification of any price change(s) will be posted on the NCDOT Purchasing Web site at https://connect.ncdot.gov/business/Purchasing/Pages/default.aspx.

6.9 CONTRACT CHANGES

Contract changes, if any, over the life of the Contract shall be implemented by contract amendments agreed to in writing by the State and Vendor. Amendments to the contract can only be made through the contract administrator.

6.10 SAMPLING AND TESTING

NCDOT reserves the right to inspect, test and approve material either on the job site or at Vendor’s terminal. Tests will be performed in accordance with the standard methods of the American Association of State Highway Officials (AASHTO) or the American Society for Testing Materials (ASTM) and subsequent revisions thereof. The Vendor shall furnish required samples without charge and shall permit and provide facilities for inspection of all operations of manufacture or blending of Bituminous Materials. NCDOT reserves the right to re-test all materials which have been tested and accepted at the source of supply and reject all materials which, when requested, do not meet the requirements of the specifications. Sampling, testing, and inspecting shall be done at no expense to NCDOT.

6.11 LIQUIDATED DAMAGES

The Parties hereby agree to the specific standards set forth in this Contract. It is agreed between the Parties that the actual damages to NCDOT as a result of Vendor’s failure to provide promised goods would be difficult or impossible to determine with accuracy. The Parties therefore agree that liquidated damages as set herein shall be a reasonable approximation of the damage that may be suffered by NCDOT.

Amounts due to NCDOT for liquidated damages not paid by the Vendor within fifteen (15) days of notification shall be deducted by NCDOT from any money payable to the Vendor pursuant to this Contract. NCDOT will notify the Vendor in writing of any claim for liquidated damages pursuant to this paragraph on or before the date NCDOT deducts money payable to the Vendor.

The Vendor shall not be liable for liquidated damages when, in the opinion of NCDOT incidents or delays, result directly from causes beyond control and without the fault or negligence of the Vendor.

Vendors will be allowed one (1) late delivery during the paving season. After the late delivery, the Vendor will receive a written warning that deliveries may result in late delivery liquidated damages. A one-hour grace period will be allowed for late deliveries or delays. After one hour, a penalty charge may be assessed against the Vendor. This penalty charge will be based on $100.00 per ¼ hour or fraction thereof per truck delivery with a maximum limit of 4-hour delay and $1,600.00 total penalty.

Late damages are based on an average cost per hour when personnel and equipment are at the job site and late or no delivery occurs.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fconnect.ncdot.gov%2Fbusiness%2FPurchasing%2FPages%2Fdefault.aspx&data=05%7C02%7Clkcampbell%40ncdot.gov%7Cf36c1ea37077415e972508dd63330210%7C7a7681dcb9d0449a85c3ecc26cd7ed19%7C0%7C0%7C638775792899119281%7CUnknown%7CTWFpbGZsb3d8eyJFbXB0eU1hcGkiOnRydWUsIlYiOiIwLjAuMDAwMCIsIlAiOiJXaW4zMiIsIkFOIjoiTWFpbCIsIldUIjoyfQ%3D%3D%7C0%7C%7C%7C&sdata=176H5Kxxqr068BT2fJsgnqLu3nW10UJJUAyUrxq8ojs%3D&reserved=0

Ver: 11/2023 16

Late delivery liquidated damage charges chart beyond the hour (1) grace period:

1/4 Hr. $100.00 1 1/4 Hr. $500.00 2 1/4 Hr. $900.00 3 1/4 Hr. $1,300.00

1/2 Hr. $200.00 1 1/2 Hr. $600.00 2 1/2 Hr. $1,000.00 3 1/2 Hr. $1,400.00

3/4 Hr. $300.00 1 3/4 Hr. $700.00 2 3/4 Hr. $1,100.00 3 3/4 Hr. $1,500.00

1 Hr. $400.00 2 Hr. $800.00 3 Hr. $1,200.00 4 Hr. $1,600.00

Failed Material: Already laid asphalt failing to meet the specifications as described in Section 5.1 will be assessed a penalty under the following guidelines:

CRS-2P and CRS-2L Elastic Recovery Test

50% to 59% 10% Pay Reduction

45% to 49% 50% Pay Reduction

0% to 44% 100% Pay Reduction

Once the Vendor has been notified of failing material, all shipments of that specific grade of asphalt emulsion will cease until they are further instructed by the Asphalt Materials Design Engineer or their staff.

6.12 PRODUCT PERFORMANCE

Excess loss of aggregates, flow of in-place material, lack of or delayed curing or any other performance problems related to the emulsion, will be addressed by the Vendor to the satisfaction of the Engineer. The Engineer may consider but not limited to not paying for any quantity of non-performing emulsion as well as the cost of aggregate loss, labor, and equipment. If the vendor fails to satisfy the Engineer, NCDOT may obtain material from another Vendor in accordance with #2 Default and Termination, under the section North Carolina Terms & Conditions.

The remainder of this page is intentionally left blank

Ver: 11/2023 17

7.0 ATTACHMENTS

ATTACHMENT A: PRICING

Complete and return the Pricing associated with this IFB, which can be found in the tables below:

*ALL QUANTITIES BELOW ARE EVENLY SPLIT PER COUNTY ON A DIVISION WIDE ESTIMATE. INDIVIDUAL COUNTIES MAY

ORDER MORE OR LESS, ALL QUANTITES ARE ESTIMATES. *

TABLE 1: CRS-2 MAINTENANCE OPERATION – ITEMS 1 THROUGH 38

NOTE: VENDOR MUST PROVIDE PUMP(S) AND HOSE FOR THE DIVISIONS AND COUNTIES WHERE INDICATED WITH AN X.

*DELIVERED*

ITEM

DIVISION &

COUNTY

QTY

PUMP

NEEDED

HOSE

NEEDED

TANK

CAPACITY

(GALLONS)

TERMINAL

PRICE PER

GALLON

PRICE FOR

LESS THAN

TRUCK

LOAD

DIVISION 4

1 Johnston 5,000 X X 5,000

DIVISION 6

2 Columbus 15,000 7,000 3 Cumberland 5,000 5,000

DIVISION 7

4 Alamance 25,000 X X 7,000 5 Caswell 60,000 X X 7,000 6 Guilford (A) East 45,000 X X 6,500 7 Guilford (2) 45,000 X X 7,000 8 Orange 75,000 X X 6,970 9 Rockingham 21,000 X X 7,000

DIVISION 8

10 Randolph 30,000 X X 7,000

DIVISION 9

11 Davidson 10,000 X X 7,000 12 Davie 11,500 X X 6,000 13 Forsyth 70,000 X X 7,000 14 Rowan 10,000 X X 7,000 15 Stokes 16,000 X X 6,000

DIVISION 10

16 Stanly 22,000 6,000 17 Union 30,000 X 6,000

DIVISION 11

18 Alleghany 6,300 6,300 19 Ashe 6,000 5,000 20 Avery 5,000 5,000 21 Caldwell 10,000 9,000 22 Surry 42,000 X X 7,000 23 Watauga 20,000 7,000 24 Wilkes 28,000 6,000 25 Yadkin 22,000 X X 6,000

DIVISION 12

26 Catawba 5,000 X X 5,000

Ver: 11/2023 18

27 Cleveland 5,000 X X 5,000 28 Gaston 12,000 X X 2,000 29 Iredell 5,000 X 5,000 30 Lincoln 5,000 X X 5,000

DIVISION 14

31 Cherokee 6,000 10,000 32 Clay 6,000 10,000 33 Graham 6,000 10,000 34 Haywood 6,000 10,000 35 Henderson 6,000 10,000 36 Jackson 6,000 10,000 37 Macon 6,000 10,000 38 Polk 6,000 10,000

TABLE 2: PG64-22 DELIVERED IN UNITS OF TONS

ITEM

DIVISION &

COUNTY

QTY

PUMP

NEEDED

HOSE

NEEDED

TANK

CAPACITY

(GALLONS)

TERMINAL

PRICE PER

TON

PRICE FOR

LESS THAN

TRUCK

LOAD

1 Washington 1,000 20,000

TABLE 3: CRS-2, CRS-2P and CRS-2L– ITEMS 1 THROUGH 10

ALL ITEMS REQUIRE DROP TANKER

*DELIVERED*

ITEM

DIVISION &

COUNTY

QTY TERMINAL

CRS-2

PRICE PER

GALLON

CRS-2P

PRICE…