80DOT-S4003 Additional Requirements.docx

80DOT-S4003 De-Icing Sand & Cinders Additional Requirements

1) The bidder certifies by his signature on this bid that neither it nor its principles is presently disbarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation in any Federal department or agency sponsored program.

2) Product Price increases WILL NOT be honored during the term of the contract. Any vendor awarded a contract as a result of this bid who feels, because of price increases from their supplier, they cannot honor a price, must notify State Purchasing in writing, requesting their contract be cancelled. The State of Nevada will then obtain the product from the next lowest bidder.

3) Purchase orders issued as a result of this bid will be processed for payment by the Nevada Department of Transportation as each order is delivered and invoiced complete. Purchases will be made by the using agency by issuing an Asphalt Purchase Requisition (or equal paperwork) to the vendor for each delivery at the time it is made. Invoices shall be sent direct to the district engineer in each district attached to the corresponding purchase order and shall be paid direct to the vendor by the using agency. Invoices shall show the REQUISITION OR PURCHASE ORDER NUMBER AND THE DELIVERY TICKET NUMBER.

4) Quantities specified hereinbefore are approximate estimates of usage only; therefore, the State of Nevada, Division of Purchasing, OR the Department of Transportation, SHALL NOT be obligated in any way whatsoever implied or otherwise to a definite quantity during the entire period of the contract.

5) This contract is primarily for use by the Nevada Department of Transportation, however, orders may be placed by the Nevada State Purchasing Division or other State agencies, Cities, Counties or political subdivisions should the need arise.

6) ADHERENCE TO SPECIFICATIONS: Deviations to any of the requirements set forth in this bid shall be stated on a separate sheet and attached to this bid. Unless so stated by the bidder, the State of Nevada shall assume that all requirements have been met and shall hold the bidder to each part of the specification.

7) Contractor, in bidding on and in the performance of this contract, shall be solely responsible for complying with all laws, including but not limited to, codes, statutes, regulations and ordinances of the City, County, State and Federal governments.

8) The State of Nevada shall reserve the right of inspection, approval and final acceptance upon completion of the delivery by the contractor.

9) Bid MUST be submitted through NevadaEPro to be considered.

10) Bidders are especially cautioned to RECHECK BID PRICES FOR ERRORS prior to submitting bid as changes in bid prices after opening date and hour of bid due to an error WILL NOT BE PERMITTED OR ACCEPTED. Bidder shall be required to furnish products at price or prices bid on or be penalized by being removed from bidder’s list for a period of one year.

11) No “All or None” bids will be considered in making awards. Minimum orders, for the entire bid, will be considered.

12) The State of Nevada, Division of Purchasing OR the contractor (successful bidder), shall reserve the right of cancellation of any item or items hereinbefore specified and bid on provided such cancellation is for cause and given in writing by either to the other 15 days prior to cancellation. Cause shall be defined as change in manufacturer’s price to the general public, increase in freight rates, poor delivery, etc.

13) Weight slips must be furnished at the time material is picked up or delivered, as applicable.

14) The State of Nevada reserves the right to bid separately jobs requiring more than 500 tons if, in so doing, the State can realize a savings by bidding on a definite quantity/firm delivery basis.

15) The State reserves the right to obtain materials from the next lowest bidder willing to supply said materials, upon notification from the lowest bidder, that they cannot supply said material.

16) SAMPLING and TESTING:

1. All products must meet Nevada Department of Transportation specifications as per NDOT Standard Specifications for Road and Bridge Construction, 2014 Edition, latest revision, and as noted in specifications above.

2. Samples and mix designs shall be submitted to the Materials Division for approval prior to shipment or Department pick-up.

3. Sand/Cinders (Abrasives): Pursuant to Section 4.14 of the National Pollutant Discharge Elimination System (NPDES) Permit as tracked by the Nevada Division of Environmental Protection (NDEP), all Sand/Cinders (Abrasives) delivered to NDOT for application to roadways must include a report of testing from an independent Nevada Certified laboratory with procedures conforming to regulations pursuant to 40CFR, Part 136. (This analytical report is a onetime requirement per material source, if material is delivered from a new source that has never been tested; a new test is required until all material sources have been tested. If a delivery is being made from a material source that has been tested in a previous year, then no test is required).

These test results are for tracking purposes only and will not be a determining factor in acceptance or rejection of a delivery. Test results must be supplied prior to first payment application, are the responsibility of the low bidding vendor, and shall include the following:

(a) The source location of the abrasive materials including type, gradation, and percent organic matter determined from composite samples. Composite samples shall be taken from one stockpile that represents all deliveries from the originating source. Composite samples shall be taken from every new delivery from a new originating source.

(b) Abrasives shall be analyzed for:

(1) Volatile solids (same as percent organic matter), per method ASTM D-2974.

(2) Iron, per EPA methods 200.2 (sample preparation) and 200.7.

(3) Total Nitrogen, per EPA method 300 (nitrite, nitrate) and 351.2 (TKN).

(4) Total Phosphorous, per EPA method 365.4 after DI extraction or digestion of the solid.

(5) Total Reactive Phosphorous (orthophosphate), per method 365.3 after DI extraction or digestion of the solid.

(c) Deicing salt, i.e. sodium chloride:

(1) Total Phosphorus – EPA Method 365.4

(2) Total Nitrogen – EPA Method 300 (nitrite, nitrate) and 351.2 (TKN)

(3) Iron – EPA Methods 200.2 (sample preparation) and 200.7

(4) Percent sodium chloride (NaCl) – EPA Methods 200.2 (sample preparation), 200.5 (sodium), and 300.1 (chloride)

(d) Alternate Deicers, i.e. potassium acetate, MgCL, other chemical deicers:

(1) Total Nitrogen – EPA method 300 (nitrite, nitrate) and 351.2 (TKN)

(2) Total Phosphorus – EPA method 365.4

17) No proposal will be considered unless accompanied by a Commercial General Liability Insurance policy in the amount of $1,000,000.00 per occurrence, and maintained for the duration of this contract, for bodily injury, property damage, including but not limited to personal injury, sickness, disease or death or damage to or destruction of the property of persons arising directly or indirectly out of or in connection with the performance under this contract by the Contractor, his agents, representatives, employees, or subcontractors. The policies are to contain or be endorsed to contain, the following provisions:

1. The State of Nevada, its officers, officials, employees and volunteers are to be covered as additional insured’s as respects: liability arising out of activities performed by or on behalf of the Contractor and said coverage shall contain no special limitations on the scope of protection afforded the State.

2. The Contractor’s insurance coverage shall be the primary insurance as respects the State. Any insurance maintained by the State shall be excess and shall not contribute with the primary.

3. The insurance companies that provide Commercial General Liability coverage shall waive their rights of subrogation against the additional insured, the State of Nevada, its elected or appointed officers, officials, agents and employees for losses paid under the terms of the policy which arise from work performed by the named insured for the State of Nevada.

4. Each policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or limits except after 30 days prior notice to the State of Nevada.

5. Nothing contained in these requirements is to be construed as limiting the extent of the Contractor’s total responsibility for payment of claims arising from the actions of a third party when such actions might be taken as a result of the Contractor’s operations under this contract.

6. The State of Nevada is not liable for the payment of any deductibles or assessments on any insurance policies purchased by the Contractor.

18) Material Pit Designation and Usage: Unless an NDOT material site is specifically designated for use, it shall be assumed that no such NDOT facility is available for use on this contract.

19) Moisture of 5% is allowable on all aggregate material purchases. If moisture content of ordered material is above the allowable 5%, that moisture above the 5 % will be deducted from the total weight on the invoice. For example, if 500 tons is ordered at $20 per ton for a total of $10,000, and test results indicate 8% moisture, multiply 500 tons by the percent moisture that is above the 5% allowable (3%); Example (500 tons X .03 moisture = 15 tons of moisture). Therefore, 15 tons will be subtracted from the total of 500 tons, and payment will be adjusted to 485 tons at $20 for a total due of $9,700.

20) At time of bid submittal, the vendor is required to provide a certified report of aggregate testing by a NSQTC qualified tester, within the last six months, showing a PASS on all specification requirements listed under specification #4 or #6 within the Specifications document. Bids without a certified report of aggregate testing for Spec-D or Spec-E de-icing sand, will not be accepted.

21) Bidders must submit any required documentation for accessing their plant or facilities, for the purpose of FOB plant pickup, with their bid.

22) For purposes of addressing questions concerning this solicitation, the sole contact will be the Purchasing Division’s designee. Upon issuance of this solicitation, employees and representatives of the agencies identified herein will not answer questions or otherwise discuss the contents of this request with any prospective vendors or their representatives. Failure to observe this restriction may result in disqualification of any bid. This restriction does not preclude discussions between affected parties for the purpose of conducting business unrelated to this procurement.