Event 8 Administration Document - Category 1 Ice and Snow Chemicals.docx

STATE OF IDAHO

DIVISION OF PURCHASING

FOR

Idaho Transportation Department

Invitation to Bid (ITB) Event 8

Category 1 Ice and Snow Control Chemicals

ITB ADMINISTRATION

ITB Title:

Snow and Ice Control Chemical Products CAT. 1

ITB Lead:

Joseph Nelson, Purchasing Officer Joseph.nelson@adm.idaho.gov 208-332-1602

Submit electronically via IPRO:

Electronic Submission

IPRO POWERED BY LUMA

Deadline to Receive Questions:

See IPRO POWERED BUY LUMA Header Document

ITB Closing Date:

See IPRO POWERED BUY LUMA Header Document

Public Opening Date:

See IPRO POWERED BUY LUMA Header Document

The Administrative Fee detailed in Paragraph 5 of the State’s Standard Contract Terms and Conditions will not apply to the Contract(s) that result from this Solicitation.

PURPOSE

The Idaho Transportation Department (ITD), through the Idaho Division of Purchasing (DOP), is requesting Bids from qualified Vendors for the purchase and delivery of Category 1 snow and ice control chemical products (Chemicals) on an as-needed basis in accordance with the specifications provided below.

ITD District 2 has 14 ice control chemical storage locations with a capacity of 1400 tons located within the boundaries of ITD District 2.

GENERAL INFORMATION, solicitation instructions and standard terms and conditions This Solicitation is issued by the state of Idaho (the “State”) via LUMA: https://sms-idaho-prd.tam.inforgov.com/fsm/SupplyManagementSupplier/page/XiSupplyManagementSupplierPage?csk.SupplierGroup=LUMA. The ITB Lead is the only contact for this Solicitation. All correspondence regarding this ITB shall be in writing. In the event that it becomes necessary to revise any part of this ITB, amendments will be posted at LUMA. It is the responsibility of the Bidder to monitor LUMA for any updates or amendments. Any oral interpretations or clarifications of this ITB shall not be relied upon. All changes to this ITB must be in writing and posted at LUMA to be valid. Alternate Bids are not allowed.

INQUIRIES

Questions or other correspondence must be submitted in writing to the ITB Lead listed below. QUESTIONS MUST BE RECEIVED BY 11:59:59 P.M. Mountain Time ON THE DATE LISTED IN THE ITB ADMINISTRATIVE INFORMATION. Written questions must be submitted using Attachment 1, Bidder Questions. Official answers to all written questions will be posted on IPRO POWERED BUY LUMA as an amendment to this ITB.

ITB Lead: Joseph Nelson Phone: 208-332-1602 E-mail: joseph.nelson@adm.idaho.gov

Any questions regarding the State of Idaho Standard Contract Terms and Conditions found at (Contract Terms and Conditions) must also be submitted in writing, using Attachment 1, Bidder Questions, by the deadline identified in the ITB Administrative Information. The State will not consider proposed modifications to these requirements after the date and time set for receiving questions. Questions regarding these requirements must contain the following:

1. The rationale for the specific requirement being unacceptable to the party submitting the question (define the deficiency).

2. Recommended verbiage for the State’s consideration that is consistent in content, context, and form with the State’s requirement that is being questioned.

3. Explanation of how the State’s acceptance of the recommended verbiage is fair and equitable to both the State and to the party submitting the question.

Bids which condition the Bid based upon the State accepting other terms and conditions not found in the ITB, or which take exception to the State’s terms and conditions, will be found non-responsive, and no further consideration of the Bid will be given.

BACKGROUND

ITD District 2 maintains 1,500 lane miles and 180 bridges within five (5) counties. Maintainence includes snow and and ice removal using both solid an liquid ice and snow control chemicals.

COST

Provide your fully burdened Total Cost on the Bid Schedule (Attachment 2). This cost must include any shipping costs associated with this purchase.

BILLING PROCEDURE

The Contractor must provide a signed invoice upon [Agency acceptance/delivery/service completion/completion of each line item/etc.]. The invoice [and respective reports] must be submitted no later thirty (30) calendar days after [acceptance/delivery/services were provided]. No invoice will be accepted or paid without receipt of required [reports/documentation/etc.]. Invoices submitted without the required [reports/documentation] will be returned to the Contractor for resubmission.

The Contractor must provide the following information with each invoice:

IPRO contract number (and name of project/product, if appropriate) and Agency PO number Identification of billing period Any questions regarding the State of Idaho Standard Contract Terms and Conditions found at (Contract Terms and Conditions) must also be submitted in writing, using Attachment 1, Bidder Questions, by the deadline identified in the ITB Administrative Information. The State will not consider proposed modifications to these requirements after the date and time set for receiving questions. Questions regarding these requirements must contain the following:

Bids which condition the Bid based upon the State accepting other terms and conditions not found in the ITB, or which take exception to the State’s terms and conditions, will be found non-responsive, and no further consideration of the Bid will be given.

0. Total amount billed for the billing period Detailed description of services/products provided and associated # of hours/$ amounts, as appropriate Name of authorized individual and contact information for Contractor

Invoices and reports are to be submitted to: D2AP@ITD.IDAHO.GOV

SUBMISSION REQUIREMENTS

Required Bid Submission Items

Bid Schedule Provide your cost information on Attachment 2, Bid Schedule. Do not submit your Bid on any other form. Submitting your Bid on a form different than the Bid Schedule may cause your Bid to be rejected as non-responsive.

State of Idaho Signature Page The State of Idaho Signature Page must be completed and submitted as part of your Bid. The State of Idaho Signature Page is attached in IPRO POWERED BUY.

Bid Submission Methods Bids must be submitted electronically via IPRO POWERED BUY LUMA. Do not hand deliver, mail, fax or e-mail your Bid. Your Bid must be received at the Division of Purchasing by the date and time specified on the IPRO POWERED BUY LUMA header document. The official time, for bid closing purposes, is the Division of Purchasing’s time clock.

Electronic Submission via IPRO POWERED BUY LUMA POWERED When submitting electronically via IPRO POWERED BUY LUMA, upload all the Required Bid Submission Items (See Section 8.1) and enter your cost in IPRO POWERED BUY LUMA for each line item; as the “Total Cost” on the Bid Schedule Attachment 3.

Upload all Required Bid Submission Items using Microsoft products such as Word and Excel. Do not submit items in .pdf format, unless provided otherwise in this ITB.

Be advised that that the Bidder for Bid evaluation and award purposes is the entity profile under which the Bid is submitted in IPRO POWERED BUY LUMA, which must be the same legal entity presented in your uploaded response materials. If the entity identified in the State of Idaho Signature Page differs from the profile under which the Bid is submitted in IPRO POWERED BUY LUMA, the ITB Lead may work with the Bidder to take such actions as are necessary to correct the irregularity.

All Bidders participating in a Solicitation issued through IPRO POWERED BUY LUMA must establish an account in the IPRO POWERED BUY LUMA system as it is necessary in order to process and/or award the resulting Contract(s). It is free to establish an account and only takes a few minutes.

Bidders are further advised to upload response materials with descriptive file names, organized and consolidated in a manner which allows the State to efficiently navigate the Bidder’s response, as the State will print uploaded documents for evaluation in the manner received via IPRO POWERED BUY LUMA.

Trade Secrets and Non-Public Information. The Idaho Public Records Act, Idaho Code title 74, chapter 1 (the “Act”) requires disclosure of public records, which generally includes vendor responses to Solicitations. The Act provides certain exemptions from disclosure, including for “trade secrets.” The Act defines trade secrets to “include a formula, pattern, compilation, program, computer program, device, method, technique or process that derives economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by other persons and is subject to the efforts that are reasonable under the circumstances to maintain its secrecy.” The Act also defines other records that may be exempt from public disclosure. In addition to marking each page of the document with a trade secret or other exemption notation (as applicable; and as provided in Paragraph 28 of the Solicitation Instructions to Vendors), Offerors must also:

Identify with particularity the precise text, illustration, or other information contained within each page marked “trade secret” or “exempt from disclosure” (it is not sufficient to simply mark the entire page). The specific information you deem “trade secret” or “exempt” within each noted page must be highlighted, italicized, identified by asterisks, contained within a text border, or otherwise clearly delineated from other text/information and specifically identified as a “trade secret” or “exempt from disclosure.”

Submit a redacted copy of the Proposal with all trade secret and exempt information removed or blacked out. The redacted copy must be submitted electronically, with the word “redacted” in the file name.

Provide a separate document entitled “List of Redacted Trade Secret and Exempt Information” which provides a succinct list of all trade secret and exempt information noted in your Proposal; listed in the order it appears in your submittal documents, identified by Page #, Section #/Paragraph #, Title of Section/Paragraph, specific portions of text/illustrations; or in a manner otherwise sufficient to allow the State’s procurement personnel to determine the precise text/material subject to the notation. Additionally, this list must identify with each notation the specific basis for your position that the material be treated as exempt from disclosure and how the exempting the material complies with the Act.

AWARD and testing Award will be made based on the method below;

Award will be based on the lowest Weighted Best Buy Factor Average as calculated on Attachment 2 - Bid Schedule Cat. 1. The Weighted Best Buy Factor is described below and will be utilized for evaluation purposes only. Bidders are required to Bid on all locations within ITD District 2 to be considered for award.

Weighted Best Buy Factor Average and Testing:

The Weighted Best Buy Factor Average is based on Clear Roads standards Clear Roads for percent (%) Concentration and Corrosion Rate % Effectiveness Range of the Chemicals offered, using Table Category 1 - Corrosion Inhibited Liquid Magnesium Chloride Attachment,3 Clear Roads Qualified Product List, and the following formula:

Best Buy Factor: Divide the Unit Price by the % Concentration. Then, based on the % Effectiveness Range, subtract the appropriate Point Value from Table A, below, to get your Best Buy Factor

Weighted Best Buy Factor: Multiply the Best Buy Factor by the Quantity for the Weighted Best Buy Factor.

Weighted Best Buy Factor Average: The Weighted Best Buy Factor for all locations within the district will be averaged together for the Weighted Best Buy Factor Average.

Example:

FreezGard LITE CI Plus is a Category 1 product having a Unit Price of $60.00 per ton, quantity of 100 tons, with a percentage Concentration of 27%.

$60.00 / 27% = 222.22

It has a Corrosion Rate % Effectiveness of 12%, giving the Chemical a Point Value of 80.

Table A:

222.22 – 80 = 142.22 (Best Buy Factor)

42.22 x 100 = 142.22 (Weighted Best Buy Factor)

Testing Fourteen (14) business days after award, Contractor must provide a one (1) gallon sample of the Category 1 Ice and Snow Control Chemical to the ITD Boise Laboratory for testing. (ITD Boise Laboratory address and contact information will be provided at time of award).

ITD will provide the Contractor with the test results within 14 days of receipt of sample.

Test results must meet all Clear Roads Test Methods Guidance Document for Material Qualified before as needed orders are placed.

Random Testing ITD may conduct random, unannouced testing of delivered chemicals. ITD will provide the Contractor the results of all random testing within 14 days of sampling.

1 QUANTITY

While the quantities provided in Attachment 2 – Bid Schedule are total estimated annual quantities and are used for evaluation and award purposes, actual quantities each ITD District purchases may vary; no minimum or maximum amounts are guaranteed or implied.

In the event that ITD needs to exceed the total estimated annual quantities, additional orders may be placed by ITD during any one (1) year term, for any amount beyond the total estimated annual quantities.

2 PRICING

Provide your fully burdened price difference, as a percentage, for each economies of scale field provided on each attachment.

Prices must be held firm up to and including twenty percent (20%) above the estimated annual quantities. The vendor may provide a price difference, as a percentage (see Attachment 2), to be added to the Extended Price, if ITD orders exceed 20% more than the estimated annual quantities. In the event the Contractor does not provide a price increase percentage, there will be no increase and the price will remain firm for the one (1) year term of the Contract.

Example:

2.1.1 The ITD District 2 Total Estimated Annual Quantity is 6600 tons. The Unit Price bid is $80 per ton. The price increase for orders 21% and greater, but 50% or less than the Total Annual Estimated Quantity (36,782) is 5%. 5% of $80 is $4 per ton and will be added to the Unit Price bid. $80 per ton will be applied up to 44,506.22 tons. $84 per ton will be applied to quantity purchased that is greater than 44,506.22 for ITD District 1.

New pricing will remain in effect until the Contract is renewed. Upon execution of Contract renewal, pricing will revert to the original unit price at the time of award, or unless pricing is revised at time of renewal (see Section 16).

3 SPECIFICATIONS

The Chemicals must be one (1) of the qualified products for Category 1 Grade, as identified on the most current Clear Roads (PNS) Qualified Products List (QPL) located at: https://clearroads.org/

Chemicals offered for Category 1 must have a Corrosion Rate % Effectiveness of 25% or less.

Bidders must be a manufacturer or an authorized distributor for the offered Chemicals and must identify the offered Chemical name in the designated area on Attachment 2 Bid Schedule.

4 ORDERS AND DELIVERIES

Orders will be placed on an as needed basis via an ITD purchase/delivery orders (Order) as follows:

As-Needed Orders

4.1.1 Various Orders placed between October and May to maintain stockpiles. These Orders will come from each ITD District on an as needed basis. If multiple locations are provided on an Order, the ITD District placing the order will identify the priority in which they need to be filled.

4.1.2 The Contractor must confirm the receipt of each order, in writing, back to the ITD District placing the Order within twenty-four (24) hours after receipt of each order (ARO).

Deliveries

4.1.3 Delivery Locations are provided on Attachment 2 Bid Schedule.

4.1.4 Deliveries must be made Monday through Friday between the hours of 8:00 AM and 4:00 PM Pacific Standard Time. No deliveries will be accepted on weekends or State recognized holidays (https://www.idaho.gov/government/state-holidays/), unless otherwise coordinated and approved by the District placing the order.

4.1.5 The Contractor must deliver the quantities Ordered, to the closest extent possible without going over.

4.1.6 The Contractor must provide a delivery confirmation notice for all orders to the ITD District contact placing the Order at least twenty-four (24) hours prior to arrival. Contractors’ carrier must notify ITD District area contact twelve (12) hours prior to offloading.

4.1.7 ITD will provide Contractor with a list of District area contacts at time of order.

4.1.8 The following must be provided to ITD District contact upon delivery:

4.1.8.1 Bill of Lading

4.1.8.2 Safety Data Sheet(s)

4.1.8.3 Certified Weight Ticket

5 DELIVERY LOCATIONS

ITD reserves the right to add or remove delivery locations within ITD District 2 boundaries. Contractor must provide ITD with pricing for new locations within 7 days of new location notification if additional locations are within Contractors delivery area.

Category 1:

Deliveries for Orders of Category 1 Chemicals must be made within three (3) calendar days ARO. ITD may elect to take delivery of Category 1 at the Lewiston Idaho railhead if available.

6 DELIVERY SCHEDULES

The Contractor must provide a Delivery Schedule to the ITD District contact placing the Order, within seven (7) calendar days after receipt of the Order. The Delivery Schedule must support the requirements in Section 12 and contain the following information:

· Load Number

· Delivery Date

· Delivery Location

· Tonnage

If there are any changes to the Delivery Schedule, an update must be provided detailing the changes every Monday prior to 10:00 AM until the Order is complete.

The Contractor must provide the carrier with ITD’s delivery contact information at the time of dispatch. (ITD will provide the delivery contact information to the Contractor at time award)

7 ACCEPTANCE

The Chemicals will be visually inspected by ITD within twenty-four (24) hours of offloading. The offloading process must not begin without ITD’s authorization to do so. Authorization may be given at the time of order. Chemicals shipped with the following discrepancies are subject to rejection at ITD’s discretion:

7.1.1 Incorrect Chemical(s);

7.1.2 Liquid Chemicals that contain chemical precipitations (fallout) or crystals and;

7.1.3 Contaminated Chemicals.

Acceptance will automatically occur fourteen (14) calendar days after delivery unless the following applies: ITD notifies the Contractor in writing if either the Chemicals delivered do not meet the specifications or the Chemicals did not pass the visual inspection.

If ITD determines that rejection of the Chemicals is required, ITD District 2 contact placing the Order will provide a written notification to the Contractor within 14 days after offloading, identifying the reason for rejection. The Contractor must pick up the load being rejected, correct any discrepancies, pressure clean tanks (See Section 12.5) and re-deliver to the ITD specified location at the Contractor’s expense. The timeframe for completion of corrective action must not exceed fourteen (14) calendar days after written notification from ITD or upon mutual agreement of both parties.

Category 1 product that is delivered and/or applied, that is incorrect, contains chemical precipitations (fallout) or crystals and contaminated liquid chemicals (See Section 12.1) must be removed from ITD owned bulk storage tanks and truck mounted tanks by means of pumping and removed for disposal at no additional cost to ITD within seven (7) business days of notification by ITD or upon mutual agreement.

Contractor is responsible for cleaning of all tanks by means of pressure washing, that have been contaminated by product that is incorrect, contains chemical precipitations (fallout) or crystals and contaminated liquid chemicals within seven (7) business days of notification by ITD or upon mutual agreement. This includes but is not limited to clean up measures as needed for the following: storage facility, yard, equipment, and roadside.

The contractor will be responsible for all damages caused to storage, pumping and spray equipment as a result of liquid chemicals that are incorrect, contains chemical precipitations (fallout) or crystals and contaminated liquid chemicals.

8 PRICE ADJUSTMENTS

Prices must be firm for one (1) year from the effective date of the Contract. A price adjustment may be considered on an annual basis thereafter. If a price adjustment is requested, the Contractor must notify ITD in writing at least ninety (90) calendar days in advance and provide supporting documentation of industry wide increases. Increases will be limited to the actual cost increase to the Contractor. ITD retains the discretion to grant less than the entire requested adjustment amount.

If there is an industry wide price decrease, Contractor must notify the State immediately of the decrease; and make the price decrease effective for the State on the same day it becomes effective for the Contractor. If the State is not properly notified of price decreases, the pricing at the time of order will be used for invoice payment and the Contractor will provide refunds or credits as necessary.

9 BILLING PROCEDURE

The Contractor must provide an invoice within thirty (30) calendar days after delivery. No invoice will be accepted or paid without the required information listed below and will be returned to the Contractor for resubmission.

The Contractor must provide the following information with each invoice:

· IPRO Contract number;

· ITD Order number;

· Delivery location;

· Product description;

· Quantity;

· Unit and total price; and,

· Name of authorized individual/contact information for the Contractor

Submit invoices to:

ITD District 2 D2AP@itd.idaho.gov

10 REPORTS

Contractor must provide ITD a weekly report in the form of an Excel spread sheet, of tons shipped and weekly scheduled tons to be shipped by carrier to each location and date every Monday to ITDpurchasing@itd.idaho.gov.

11 PROMPT PAYMENT DISCOUNT

If a prompt payment discount is being offered you must indicate YES on the Questions Tab, indicate the percentage offered following date of invoice. If you are not offering a prompt payment discount indicate NO on the Questions tab.

Prompt Payment Discount will be used for informational purposes only and is not evaluated on the bid submittal.

12 FUEL SURCHARGES

Fuel surcharges and surcharge credits are allowed and must be billed and credited as a separate line on Ice Control Chemical invoices. The charge will be adjusted up or down each day of shipment by the cost per mile adjustment listed on Attachment 4 – Fuel Surcharge Calculation.

If, during the contract period, the base price of fuel changes more than 10% over the base price of fuel in effect on the day the Contractor is awarded the Contract, Contractor may add a fuel surcharge to the billing invoice. The fuel surcharge will be calculated based on Oil Price Information Service (OPIS) https://apps.itd.idaho.gov/Apps/Opis/ EOD Gross Rack Price for the Spokane Zone 1 &2 - Diesel #1, Ultra Low Sulfur Clear (ULSD No. 1) and Diesel #2, Ultra Low Sulfur Clear (ULSD No.2). ITD will provide the password to this web site upon award of the Contract.

The fuel surcharge adjustment will be factored on the OPIS published price on the day of shipment. The surcharge is for actual miles driven loaded from the salt supplier to the ITD delivery point. The formula for determining the surcharge is: Contract award date OPIS price, minus the shipment date OPIS price, times miles one way driven, divided by miles per gallon as indicated on Attachment 3 Fuel Surcharge Calculation Sheet. If the calculation results in a negative fuel surcharge, the Contractor must credit ITD the negative amount. The State may in its sole discretion audit invoices for mileage and calculation verification. Contractor must provide records within 30 days of a written request buy ITD to verify mileage See Attachment 4 for examples of calculations for fuel surcharges and fuel surcharge credits.

Insurance Requirements Within five (5) days of notification of award (or such other time as designated by the Purchasing Activity), the apparent successful Bidder or Offeror will provide certificates of insurance required herein and will maintain the insurance during the life of the Contract. There are no provisions for exceptions to this requirement. Failure to provide the certificates of insurance within the 5 business day period may be cause for your Bid or Proposal to be declared non-responsive or for your Contract to be cancelled.

Contractor shall carry liability and property damage insurance that will protect it and the State of Idaho from claims for damages for bodily injury, including accidental death, as well as for claims for property damages, which may arise from operations under the Contract whether such operations be by themselves or by anyone directly or indirectly employed by either of them.

Contractor shall not commence work under the Contract until it obtains all insurance required under this provision and furnishes a certificate or other form showing proof of current coverage to the State. All insurance policies and certificates must be signed copies. After work commences, the Contractor will keep in force all required insurance until the Contract is terminated.

Commercial General and Umbrella Liability Insurance. Contractor shall maintain Commercial General Liability (CGL) and, if necessary, Commercial Umbrella insurance with a limit of not less than $1,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to the Contract.

CGL insurance shall be written on ISO occurrence form CG 00 01 (or a substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

Commercial Automobile and Commercial Umbrella Liability Insurance. Contractor shall maintain Commercial Automobile Liability and, if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos).

Bidder or Offeror may request a waiver from providing Commercial Automobile and Commercial Umbrella Liability Insurance in its Bid or Proposal if the Bidder or Offeror will not use any owned, hired, or non-owned vehicles to conduct business under the Contract, if it is awarded the Contract, and the State of Idaho will consider the request. If the Bidder or Offeror submits a request to waive the provision of Commercial Automobile and Commercial Umbrella Liability Insurance after the due date and time for receipt of Bids or Proposals, the State of Idaho may not consider the request.

Workers Compensation Insurance and Employer's Liability. Contractor shall maintain workers compensation and employer's liability. The employer's liability shall have limits not less than $500,000 each accident for bodily insurance by accident or $500,000 each employee for bodily injury by disease.

Contractor must provide either a certificate of workers compensation insurance issued by a surety licensed to write workers compensation insurance in the State of Idaho, as evidence that the Contractor has in effect a current Idaho workers compensation insurance policy, or an extraterritorial certificate approved by the Idaho Industrial Commission from a state that has a current reciprocity agreement with the Idaho Industrial Commission.

State of Idaho as Additional Insured: The liability insurance coverage required for performance of the Contract shall include the State of Idaho, the (agency) and its divisions, officers, and employees as additional insured, but only with respect to the Contractor’s activities to be performed under the Contract.

The Contractor must provide proof of the State of Idaho, the (agency) and its divisions, officers and employees being additional insured by providing endorsements to the liability insurance policies showing the State of Idaho, the (agency) and its divisions, officers, and employees as additional insured. The endorsements must also show the policy numbers and the policy effective dates.

If a liability insurance policy provides for automatically endorsing additional insured when required by contract, then, in that case, the Contractor must provide proof of the State of Idaho, the (agency) and its divisions, officers and employees being additional insured by providing copies of the policy pages that clearly identify the blanket endorsement.

Notice of Cancellation or Change: Contractor shall ensure that should any of the above described policies be cancelled before the expiration date thereof, or if there is a material change, potential exhaustion of aggregate limits or intent not to renew insurance coverage(s), that written notice will be delivered to the Division of Purchasing (if the Contract was issued by the Division) or to the Purchasing Activity (contracting state agency) in accordance with the policy provisions.

Contractor shall further ensure that all policies of insurance are endorsed to read that any failure to comply with the reporting provisions of this insurance, except for the potential exhaustion of aggregate limits, shall not affect the coverage(s) provided to the State of Idaho, and its divisions, officers, and employees.

Acceptable Insurers and Deductibles: Insurance coverage required under the Contract shall be obtained from insurers rated A-VII or better in the latest Bests Rating Guide and in good standing and authorized to transact business in Idaho. The Contractor shall be financially responsible for all deductibles, self-insured retention’s and/or self-insurance included hereunder. The coverage provided by such policy will be primary to any coverage of the State on or related to the Contract and shall provide that the insurance afforded applies separately to each insured against whom a claim is made, except with respect to the limitation of liability.

Waiver of Subrogation: All policies shall contain waivers of subrogation. The Contractor waives all rights against the State and its officers, employees, and agents for recovery of damages to the extent these damages are covered by the required policies. Policies may contain deductibles, but such deductibles will not be deducted from any damages due to the State.

Records Maintenance Contractor shall maintain or supervise the maintenance of all records necessary to properly account for all payments made to the Contractor pursuant to the Contract. These records shall be retained by the Contractor for at least three (3) years after the Contract terminates, or until all audits initiated within the three (3) years have been completed, whichever is later.

Audit Rights The Contractor agrees to allow State and Federal auditors and State purchasing staff access to all the records relating to this Contract, for audit, inspection, and monitoring of services or performance. Such access will be during normal business hours or by appointment.

Event 8

CATEGORY 1 SNOW AND ICE CHEMICALS

ATTACHMENT 1 – BIDDER QUESTIONS

PLEASE DO NOT IDENTIFY YOUR NAME OR YOUR COMPANY’S NAME OR PRODUCT NAMES OF INTELLECTUAL PROPERTY IN YOUR QUESTIONS.

ADD ROWS BY HITTING THE TAB KEY WHILE WITHIN THE TABLE AND WITHIN THE FINAL ROW.

The following instructions must be followed when submitting questions using the question format on the following page.

1. DO NOT CHANGE THE FORMAT OR FONT. Do not bold your questions or change the color of the font.

2. Enter the ITB section number that the question is for in the “ITB Section” field (column 2). If the question is a general question not related to a specific ITB section, enter “General” in column 2. If the question is in regard to a State Term or Condition or a Special Term or Condition, state the clause number in column 2. If the question is in regard to an attachment, enter the attachment identifier (example “Attachment A”) in the “ITB Section” (column 2), and the attachment page number in the “ITB page” field (column 3).

3. Do not enter text in the “Response” field (column 5). This is for the State’s use only.

4. Once completed, this form is to be e-mailed per the instructions in the ITB. The e-mail subject line is to state the ITB number followed by “Questions.”

3 | Page Event 8 Category 1 Snow and Ice Chemicals Event 8 Category 1 Snow and Ice Chemicals

CATEGORY 1 SNOW AND ICE CHEMICALS

ATTACHMENT 4 – CLEAR rOADS QUALIFIED PRODUCTS LIST

CATEGORY 1 SNOW AND ICE CONTROL CHEMICALS

ATTACHMENT 3 – FUEL SURCHARGE

Fuel surcharges and surcharge credits are allowed and must be billed and credited as a separate line on Ice Control Chemical invoices. The charge will be adjusted up or down each day of shipment by the cost per mile adjustment listed on Exhibit X – Fuel Surcharge Calculation.

If, during the contract period, the base price of fuel changes more than 10% over the base price of fuel in effect on the day the Contractor is awarded the Contract, Contractor may add a fuel surcharge to the billing invoice. The fuel surcharge will be calculated based on Oil Price Information Service (OPIS) https://apps.itd.idaho.gov/Apps/Opis/ EOD Gross Rack Price for Spokane Zone 1 &2 - Diesel #1, Ultra Low Sulfur Clear (ULSD No. 1) and Diesel #2, Ultra Low Sulfur Clear (ULSD No.2). ITD will provide the password to this web site upon award of the Contract.

The fuel surcharge adjustment will be factored on the OPIS published price on the day of shipment. The surcharge is for actual miles driven loaded from the salt supplier to the ITD delivery point. The formula for determining the surcharge is: Contract award date OPIS price, minus the shipment date OPIS price, times miles one way driven, divided by miles per gallon as indicated on Exhibit 1 Fuel Surcharge Calculation Sheet. If the calculation results in a negative fuel surcharge, the Contractor must credit ITD the negative amount. The State may in its sole discretion audit invoices for mileage and calculation verification. Contractor must provide records within 30 days of a written request buy ITD to verify mileage

See Exhibit 1 for examples of calculations for fuel surcharges and fuel surcharge credits.

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