HQ052024-Railroad Ballast Aggregates.pdf

REVISED April 24, 2013

Request for Quote (RFQ)

Solicitation Title 2024 PCC – Railroad Ballast & Aggregates

Date Posted 12/13/2024

Solicitation Number

HQ052024

Bid Due Date and Time 1/9/2025 4:00 PM (Pacific)

Procurement Coordinator Name: Carolyn Simmonds

Email Address: rail@wsdot.wa.gov Phone Number: (360) 705-7992

Fax Number: (360) 705-6821

Mailing Address (USPS Only) Washington State Department of Transportation

P.O. Box 47407 Olympia, WA 98504-7407

Physical Address Washington State Department of Transportation

310 Maple Park Avenue SE, Room 3D3 Olympia, WA 98501-2348

The Procurement Coordinator is the SOLE POINT OF CONTACT for this solicitation. All communication between suppliers and WSDOT shall be with the Procurement Coordinator only.

Washington State Department of Transportation Request for Quote

2024 PCC System Materials – Railroad Ballast & Aggregates Solicitation Number HQ052024

ACQUISITION AUTHORITY:

The Washington State Department of Transportation (WSDOT) issues this Request for Quote (RFQ) acting under the authority of the Revised Code of Washington chapter 39.26 RCW, which regulates the manner in which state agencies may acquire general goods and services.

DESCRIPTION OF REQUIREMENT:

WSDOT, owner of the PCC Railway System in eastern Washington, is soliciting bids to establish one or more open contracts with qualified Vendors for future aggregate needs. See Exhibit A for PCC Railway System map. Under this RFQ, potential Vendors shall provide a price per ton for Railroad Ballast (4 & 4A), Yard Ballast (No. 5 & No 57), Crush Surfacing Base Course (CSBC), Crush Surfacing Top Course (CSTC) and a price per ton-mile for Delivery and Stockpiling of the ballast, CSBC and CSTC. As future PCC Railway System aggregate needs arise, WSDOT will use accepted qualified Vendors Cost Proposal Sheets to determine the Vendor with the lowest overall price. Vendors may choose to bid on one or multiple materials listed on the RFQ.

MATERIAL REQUIREMENTS:

Railroad Ballast – Railroad Ballast shall consist of crushed stone, which comprises angular fragments resulting from crushing by mechanical means the following types of rocks quarried from undisturbed, consolidate deposits: granite and similar phanero-crystalline igneous rocks, extrusive igneous rocks, or massive metamorphic quartzite or similar rocks. No crushed gravel shall be allowed.

Reference Standards Ballast production shall comply with provisions of all local, state, and federal codes, specifications, standards, and recommended practices, except as otherwise indicated and, in particular, of most recent English measurement edition and addenda thereto of:

1. WSDOT: Standard Specifications for Road, Bridge, and Municipal Construction 2024.

2. AREMA: Manual for Railway Engineering, American Railway Engineering and

Maintenance of Way Association 2023.

3. FRA: 49 CFR Part 213, Track Safety Standards, most current and addenda, Federal

Railroad Administration.

4. ASTM: American Society for Testing Materials.

Delivery, Storage, and Handling Prepared Railroad Ballast shall be handled in such a manner that it is kept clean and free from segregation, and when delivered the railroad, ballast shall be clean and free from any substance which may contaminate the Material. Blending, stockpiling, and other production and handling operations shall be managed by the Vendor to minimize segregation of the finished product.

Stockpiling operations shall minimize breakage or excessive fall in stockpiling operations. The movement of wheeled or tracked machines over the stockpile shall be limited.

State Furnished Material Source No contracting agency material sources are provided, and the Vendor shall bear full responsibility for furnishing all materials.

Solicitation Number HQ052024

Products

Material Grading Requirements Ballast materials to be used on main tracks shall conform to AREMA 2023 Volume 1, Chapter 1, Section 2.4.4, Standard No. 4, or 4a. Gradation test shall be determined in accordance with ASTM C-136, utilizing square opening sieves conforming to ASTM Specifications E-11. The percentage passing each sieve shall meet the following requirements:

Standard No. 4 Sieve Size Percent Pass by Wt.

2½” - 2” 100 1½” 90-100 1” 20-55 ¾” 0-15 ½” - 3/8” 0-5 No. 4 -

Standard No. 4A Sieve Size Percent Pass by Wt.

2½” 100 2” 90-100 1½” 60-90 1” 10-35 ¾” 0-10 ½” - 3/8” 0-3 No. 4 -

Standard No. 5 Sieve Size Percent Pass by Wt.

2½” - 2” - 1½” 100 1” 90-100 ¾” 40-75 ½” 15-35 3/8” 0-15 No. 4 0-5

Standard No. 57 Sieve Size Percent Pass by Wt.

2½” - 2” - 1½” 100 1” 95-100 ¾” - ½” 25-60 3/8” - No. 4 0-10 No. 8 0-5

Solicitation Number HQ052024

Material Quality Requirements Furnish prepared ballast materials that is hard, strong, angular, durable particles of crushed "shot" quarried rock containing no carbonates of slag and free from deleterious substances and conforming to the following requirements of these Specifications.

Material qualities shall be as follows:

Property Minimum Maximum Test Method Percent Material Passing No.

200 - 1.0 Percent ASTM C 117

Bulk Specific Gravity – Rock 2.6 - ASTM C 127

Clay Lumps & Friable Particles - 0.5 Percent ASTM C 142

Degradation - 30 Percent ASTM C 535 Soundness – (Sodium Sulfate) – 5 Cycles - 5 Percent ASTM C 88

Flat and Elongated Particles (Length is Equal to or Greater than Three times the Average Thickness)

- 5 Percent ASTM D 4791 (Method B)

All particles of the railroad ballast shall be 100% fracture.

Acceptance Samples and Tests Ballast materials will be visually accepted prior to the delivery of any future orders. If the material does not meet WSDOT’s visual acceptance, WSDOT may request the Vendor to provide 80 lbs. of material to be sampled for acceptance testing. Testing the source pile is used to determine the quality, acceptability, and workmanship of the materials prior to hauling the material. WSDOT shall witness the sampling of the railroad ballast. The results of these tests will be used to determine conformance to the contract requirements. Ballast materials may be tested for acceptance every 2,000 tons for grading and fracture.

Stockpile Requirements Ballast materials shall be delivered and stockpiled at the location shown or described when a Purchase Order request is sent the Vendor.

Measurement Ballast materials will be measured by the ton based off the ticket provided from a certified scale.

Delivery and Stockpiling will be measured by the ton-mile paid one-way from the source to stockpile location.

Solicitation Number HQ052024

Crushed Surfacing - Crushed surfacing shall be manufactured from ledge rock, talus, or gravel. The materials shall be uniform in quality and substantially free from wood, roots, bark, and other extraneous material and shall meet the following quality test requirements:

Los Angeles Wear, 500 Rev. 35 percent max.

Degradation Factor – Top Course 25 min.

Degradation Factor – Base Course 15 min.

Crushed surfacing of the various classes shall meet the following requirements for grading and quality when placed in hauling vehicles for delivery to the roadway, or during manufacture and placement into a temporary stockpile. The exact point of acceptance will be determined by a WSDOT representative.

Sieve Size Base Course Top Course and Keystone

Precent Passing

1 ¼” 99-100

1” 80-100

¾” 99-100

5/8” 50-80

½” 80-100

No. 4” 25-45 46-66

No. 40 3-18 8-24

No. 200 7.5 max. 10.0 max.

% Fracture 75 min. 75 min.

Sand Equivalent 40 min. 40 min.

All percentages are by weight.

The fracture requirement shall be at least one fractured face and will apply to the combined aggregate retained on the No. 4 sieve in accordance with FOP for AASHTO T 335. The portion of crushed surfacing retained on a No. 4 sieve shall not contain more than 0.15 percent wood waste.

Acceptance Samples and Tests Crushed surfacing will be visually accepted prior to the delivery of any future orders. If the material does not meet WSDOT’s visual acceptance, WSDOT may request the Vendor to provide samples for acceptance testing. Testing the source pile is used to determine the quality, acceptability, and workmanship of the materials prior to hauling the material. WSDOT shall witness the sampling of the material. The results of these tests will be used to determine

Solicitation Number HQ052024 conformance to the contract requirements. Crushed surfacing may be tested for acceptance every 1,000 tons for grading and fracture.

Stockpile Requirements Crushed surfacing shall be Delivered and Stockpiled at the location shown or described when a Purchase Order request is sent the Vendor.

Measurement Crushed surfacing will be measured by the ton based off the ticket provided from a certified scale.

Payment "Railroad Ballast", per ton, shall be full pay for producing the material.

"Crushed Surface Base Course", per ton, shall be full pay for producing the material.

"Crushed Surface Top Course", per ton, shall be full pay for producing the material.

"Yard Ballast", per ton, shall be full pay for producing the material.

“Delivery and Stockpiling”, per ton-mile, shall be full pay for loading, hauling, and stockpiling the material.

Specifically, a quote for the requested material must be provided on the Request for Quotation forms (1) included in this solicitation package with delivery location as stated on the RFQ forms.

CONTRACT TERM:

The initial term of this contract is one year from date of award with the option to extend for additional term(s) or portions thereof. Extension for each additional term shall be offered at the sole discretion of WSDOT and is subject to written mutual agreement. The total contract term, including the initial term and all subsequent extensions, shall not exceed six (6) years unless an emergency exists and/or special circumstances require a partial term extension. WSDOT reserves the right to extend with all or some of the Vendors and is solely determined by WSDOT.

PRICE ADJUSTMENTS PERIOD:

Sixty (60) calendar days before the end of the current term of Contract, the Vendor may propose a delivery rate increase by written notice to the PCC Railway Project Manager. The price adjustment may be taken into consideration by the Procurement Coordinator when determining whether to extend this Contract. Price increases will not be considered without sufficient supporting documentation to justify the requested increase.

PRICE ADJUSTMENTS:

When WSDOT sends the award announcement to the successful Vendor, a dollars per gallon will be set for diesel fuel. This price will be set using the U.S. Energy Information Administration, West Coast less California under the heading “U.S. On-Highway Diesel Fuel Price*(dollars per gallon)”, see link below.

The initial baseline price will be set by taking the weekly price listed one week prior to award.

http://www.eia.gov/petroleum/gasdiesel http://www.eia.gov/petroleum/gasdiesel

Solicitation Number HQ052024

Only price adjustments to the item “Delivery and Stockpiling” for each Ton of material found on the Cost Proposal Sheet will qualify for a price adjustment. When a Vendor requests a price adjustment, they shall submit the current established base price (dollars per gallon of diesel) that has been used for the year, plus the current weekly price (dollars per gallon of diesel) listed in the full history Excel spread under “W Diesel Prices – All Types” for a weekly frequency. The percentage increase from these two prices will be directly applied to the “Delivery and Stockpiling” ton-mile, to establish a new cost for the year. The Vendor shall be notified in writing by the PCC Railway Project Manager within thirty (30) days of any price adjustments request. Any price adjustment granted by WSDOT shall become effective immediately and be fixed for the year.

The grant of any price adjustment will be at the sole discretion of WSDOT and, if granted, shall not produce a higher profit margin for the Vendor than what was established by the original contract pricing.

Price adjustments granted by WSDOT shall remain unchanged until the Price Adjustment Period is open and allows for a possible price adjustment.

DELIVERY TERMS:

Materials purchase through this RFQ may be delivered to any location along the PCC Railway System shown in Exhibit A. As material needs arise, WSDOT delivery shall begin within ten (10) calendar days after Purchase Order unless other otherwise approved by WSDOT.

Taxes to be included in bid prices.

VENDOR QUESTIONS:

Any questions related to this procurement must be submitted in writing, via email, to the WSDOT Rail, Freight, and Ports Division at rail@wsdot.wa.gov no later than 4:00 P.M. Pacific Time, December 20, 2024. Questions will be responded to, via addendum to the original solicitation, no later than 4:00 P.M.

Pacific Time on December 23, 2024.

BID RESPONSE:

Response shall include:

• Completed and signed Request for Quotation for one (RFQ) form(s)

• Signed Certifications and Assurances Form

• Signed Contractor Certification Wage Theft Prevention – Responsible Bidder Criteria

Washington State Goods & Services Contracts

BID SUBMITTAL:

Vendors wishing to submit a quote must do so no later than 4:00 P.M. Pacific Time, January 9, 2025.

Quotes must be submitted on the provided Request for Quotation form and must be signed to be accepted.

Quotes may be submitted to WSDOT via email at rail@wsdot.wa.gov (preferred), U.S. Postal Service, common carrier, or hand delivered, at the addresses provided below. Regardless of the delivery method used, it is the responsibility of the vendor to ensure the solicitation response is received by the Procurement Coordinator on or before the designated deadline.

mailto:rail@wsdot.wa.gov mailto:rail@wsdot.wa.gov

Solicitation Number HQ052024

• To hand deliver or submit via Common Carrier (UPS, Fed Ex, USPS, etc.) deliver to:

WSDOT

Attn: Procurement Coordinator 310 Maple Park Avenue SE, Room 3D3 Olympia, WA 98501-2348 Please reference quote number HQ052024 on the outside of the mailing envelope

BID OPENING:

After bid opening, bids will be checked for correctness of bid item price extensions and the total bid price.

A discrepancy between a bid item price and the extended amount of any bid item shall be resolved by accepting the bid item price as stated.

If two or more responsible Vendors submit responsive bids with identical low total bid prices, WSDOT will select the successful vendor in a public forum using a random selection process.

WSDOT will announce their intent to award for this solicitation no sooner than 4:00 P.M. Pacific Time, January 14, 2025, via an email to all respondents.

WSDOT will announce a formal award for this solicitation no sooner than 4:00 P.M. Pacific Time, January 21, 2025, via the Washington Electronic Business Solution (WEBS).

WSDOT Complaint, Debrief, and Protest Procedures and Policy apply (attached).

SOLICITATION TIMELINE:

Date Issued Friday, December 13, 2024 Question Period Ends Friday, December 20, 2024 4:00 PM Pacific Time Answers Provided Monday, December 23, 2024 4:00 PM Pacific Time Complaint Period Ends Tuesday, December 24, 2024 4:00 PM Pacific Time Bids Due Thursday, January 9, 2025 4:00 PM Pacific Time Bid Review Completed Friday, January 10, 2025 4:00 PM Pacific Time Apparent Successful Vendor Announced

Tuesday, January 14, 2025 4:00 PM Pacific Time

Debrief Period Ends Friday, January 17, 2025 4:00 PM Pacific Time Protest Period Ends Friday, January 17, 2025 4:00 PM Pacific Time Award announced to Vendor Tuesday, January 21, 2025 4:00 PM Pacific Time

Changes to the Solicitation Timeline, if necessary, will be announced via an addendum posted to the Washington Electronic Business Solution (WEBS) website.

All times are Pacific Time.

Terms and Conditions The following terms and conditions apply in accordance with Washington State Laws and Regulations, and the Washington State Department of Enterprise Services, which are hereby incorporated by reference.

Solicitation Number HQ052024

RIGHT TO CANCEL

WSDOT reserves the right to cancel or reissue all or part of this Solicitation at any time as allowed by law without obligation or liability.

CHANGES

No alteration in any of the terms, conditions, delivery, price, quality, quantities, or specifications of an order resulting from this Solicitation will be effective without prior written approval of WSDOT.

ACCEPTANCE

This RFQ and any order resulting from this Solicitation expressly limits acceptance to the terms and conditions stated herein. Any terms proposed by Vendor are objected to and hereby rejected, unless otherwise provided for in writing by WSDOT.

RESPONSIVENESS

WSDOT reserves the right to determine the Vendor’s compliance with the requirements specified in this RFQ and to waive informalities in a bid. Informality is an immaterial variation from the exact requirements of the competitive RFQ. An immaterial variation is one that has no effect or merely a minor or negligible effect on quality, quantity, or delivery of the supplies or performance of the services being procured, and the correction or waiver of which would not affect the relative standing of or be otherwise prejudicial to the procurement. WSDOT reserves the right to determine whether a requirement is merely informality.

RESPONSIBILITY

WSDOT reserves the right to make reasonable inquiry to determine the responsibility of any Vendor.

Requests may include, but not limited to, financial statements, credit ratings, references, record of past performance, clarification of Vendor’s offer, and on-site inspection of Vendor’s or subcontractor’s facilities. Failure to respond to these requests may result in a bid being rejected as non-responsive.

REJECTION

All goods or materials purchased herein are subject to written approval by WSDOT. Any rejection of goods or materials resulting because of nonconformity to the terms and specifications of this order, whether held by WSDOT or returned will be at Vendor’s risk and expense.

INFRINGEMENTS

Vendor agrees to protect and save harmless WSDOT against all claims, suits, or proceedings for patent, trademark, copyright, or franchise infringement arising from the purchases, installation, or use of goods and materials resulting from this Solicitation. Vendor assumes all expenses and damages arising from such claims, suits, or proceedings.

WARRANTIES

Vendor warrants that items supplied as a result of this solicitation conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed, except that if a particular purpose is stated, the material must then be fit for the particular purpose.

Solicitation Number HQ052024

LIENS, CLAIMS AND ENCUMBRANCES

Vendor warrants and represents that all the goods and materials ordered as a result of this Solicitation herein are free and clear of all liens, claims, or encumbrances of any kind.

SAVE HARMLESS

Vendor shall protect, indemnify, and save WSDOT harmless from and against any damage, costs, or liability for any injuries to persons or property arising from acts or omissions of Vendor, his employees, agents, or subcontractors, howsoever caused.

ANTI-TRUST

Vendor and WSDOT recognize that in actual economic practice, overcharges resulting from anti-trust violations are in fact borne by WSDOT. Therefore, Vendor hereby assigns to WSDOT any and all claims for such overcharges.

DEFAULT

WSDOT may terminate any order or contract resulting from this Solicitation, without penalty or further liability, upon less than thirty (30) days prior written notice to Vendor, if Vendor defaults on any provision of the order or contract and fails to cure such default within that thirty (30) day period, or such longer period, as may be reasonably determined by WSDOT, if Vendor is diligently working to cure the default.

CONTRACT TERMINATION FOR CAUSE

In the event WSDOT, in its sole discretion, determines that the Vendor has failed to comply with the conditions of this Contract in a timely manner or is in material breach, WSDOT has the right to suspend to terminate this Contract, in part of in whole. WSDOT shall notify the Vendor in writing of the need to take corrective action. If corrective action is not taken within thirty (30) calendar days or as otherwise specified by WSDOT, or if such corrective action is deemed by WSDOT to be insufficient, the Contract may be terminated. WSDOT reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit the Vendor from incurring additional obligations of funds during investigation of the alleged breach and pending corrective action by the Vendor or a decision by WSDOT to terminate the Contract. In the event of termination, WSDOT shall have the right to procure for all purchasers any replacement materials, supplies, services, and/or equipment that are the subject of this contract on the open market. In addition, the Vendor shall be liable for damages as authorized by law, including but not limited to any price difference between the original Contract and the replacement or cover Contract and all administrative costs directly related to the replacement Contract, e.g., cost of the competitive bidding, mailing, advertising, and staff time.

If it is determined that: (1) the Vendor was not in material breach; or (2) failure to perform was outside of Vendor’s or its subcontractor’s control, fault, or negligence, the termination shall be deemed to be a “termination for convenience.” The rights and remedies of WSDOT and/or the Purchaser provided in this Contract are not exclusive and are in addition to any other rights and remedies provided by law.

CONTRACT TERMINATION FOR CONVENIENCE

Except as otherwise provided in this Contract, WSDOT, at the sole discretion of WSDOT, may terminate this Contract, in whole or in part by giving thirty (30) calendar days or other appropriate time period written notice beginning on the second day after mailing to the Vendor. If this Contract is so terminated, Solicitation Number HQ052024 purchasers shall be liable only for payment required under this Contract for properly authorized services rendered, or materials, supplies, and/or equipment delivered to and accepted by the Purchaser prior to the effective date of Contract termination. If terminated, WSDOT shall have no obligation whatsoever to the Vendor for such termination. This Termination for Convenience clause may be invoked by WSDOT when it is in the best interest of the state of Washington.

CONTRACT TERMINATION BY MUTUAL AGREEMENT

WSDOT and the Vendor may terminate this Contract in whole or in part, at any time, by mutual agreement.

ATTORNEY’S FEES

In the event of controversy, claim, or dispute arising out of any order or Contract resulting from this Solicitation for which the Vendor is adjudged by a court of competent jurisdiction to be at fault, the Vendor shall pay to WSDOT all attorney’s fees, costs, and expenses incurred by WSDOT in connection therewith.

ADD-ON

By mutual written agreement, additional quantities of items may be purchased within twelve (12) months of the date of award provided the original purchase price, terms, conditions, and specifications remain the same. Add-on purchases shall be submitted to the Vendor using a WSDOT Purchase Order and shall reference the original contract or purchase order.

PRICING—INCLUDE ALL COST COMPONENTS IN PRICING

Vendors must identify and include all elements of recurring and non-recurring costs in their pricing.

Unless otherwise specified, this must include, but is not limited to, all administrative fees, maintenance, manuals, documentation, shipping charges, labor, travel, training, consultation services, wiring and supplies needed for the installation (including cost of all uncrating, disposal of shipping materials), set-up, testing and initial instruction to agency personnel, warranty work and maintenance of the products/services, handling charges such as packing, wrapping, bags, containers, reels, and any processing fees associated with credit card payment.

Notwithstanding the foregoing, in the event that market conditions, laws, regulations, or other unforeseen factors dictate, at WSDOT’s sole discretion, additional charges may be allowed during the contract term.

PURCHASE CARD ACCEPTANCE

It is not mandatory that Vendors accept the credit card payment; however, WSDOT encourages Vendors to consider this alternate payment process. Any processing fees associated with the purchasing card must be included in the product pricing and not as a separate fee.

IDENTIFICATION

All invoices, packing lists, packages, shipping notices, instruction manuals, and other written documents affecting this order shall contain the applicable purchase order number. Packing lists shall be included with each shipment pursuant to this order, indicating the contents of each package therein.

Solicitation Number HQ052024

CASH DISCOUNT

In the event WSDOT is entitled to a cash discount, the period of computations will commence on the date of delivery or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is made part of the contract but the invoice does not reflect the existence of a cash discount, WSDOT is entitled to a cash discount with the period commencing on the date it is determined by WSDOT that a cash discount applies.

PAYMENTS AND ASSIGNMENTS

Invoices will not be processed for payment until invoices are received. WSDOT will not honor drafts nor accept goods on a sight draft basis. Furthermore, the provisions or monies due under this contract shall only be assignable with prior written approval of WSDOT.

STATEWIDE VENDOR PAYMENT REGISTRATION

Vendors are required to be registered in the Statewide Vendor Payment system, prior to submitting a request for payment under this procurement. Purchasers who are Washington state agencies require registration to be completed prior to payment.

The Washington State Office of Financial Management (OFM) maintains a central vendor registration file for Washington State agencies to process Vendor payments. To obtain information and registration materials visit the Receiving Payments from the State website. Registration may take up to 4 weeks.

COLLECTION OF RETAIL SALES AND USE TAXES

In general, Vendors engaged in retail sales activities within the state of Washington are required to collect and remit sales tax to the Department of Revenue (DOR). In general, out-of-state Vendors must collect and remit “use tax” to DOR if the activity carried on by the seller in the state of Washington is significantly associated with Vendor’s ability to establish or maintain a market for its products in Washington state. Examples of such activity include where the Vendor either directly or by an agent or other representative:

• Maintains an in-state office, distribution house, sales house, warehouse, service enterprise, or any other in-state place of business;

• Maintains an in-state inventory or stock of goods for sale;

• Regularly solicits orders from Purchasers located within the state of Washington via sales representatives entering the state of Washington;

• Sends other staff into the state of Washington (e.g. product safety engineers, etc.) to interact with

Purchasers in an attempt to establish or maintain market(s); or

• Other factors identified in WAC 458-20.

DEPARTMENT OF REVENUE REGISTRATION FOR OUT-OF-STATE VENDORS

Out-of-state Vendors meeting any of the above criteria must register and establish an account with the Department of Revenue. Refer to WAC 458-20-193, and call the Department of Revenue at 360-705-6705 for additional information. When out-of-state Vendors are not required to collect and remit “use tax,” Purchasers located in the state of Washington are responsible for paying this tax, if applicable, directly to the Department of Revenue.

https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services/vendor-payee-registration https://dor.wa.gov/ https://apps.leg.wa.gov/wac/default.aspx?cite=458-20 https://apps.leg.wa.gov/wac/default.aspx?cite=458-20-193

Solicitation Number HQ052024

WASHINGTON’S PUBLIC RECORDS ACT - PUBLIC RECORDS DISCLOSURE REQUESTS

All documents (written and electronic) submitted to WSDOT as part of this procurement are public records. Unless statutorily exempt from disclosure, such records are subject to disclosure if requested. See RCW 42.56, Public Records Act. WSDOT strongly discourages bidders from unnecessarily submitting sensitive information (e.g., information that you might categorize as ‘confidential,’ ‘proprietary,’ ‘sensitive,’ ‘trade secret,’ etc.).

If, in bidder’s judgment, Washington’s Public Records Act provides an applicable statutory exemption from disclosure for certain portions of bidder’s bid, please mark the precise portion(s) of the relevant page(s) of the bid that bidder believes are statutorily exempt from disclosure and identify the precise statutory basis for exemption from disclosure.

In addition, if, in bidder’s judgment, certain portions of bidder’s bid are not statutorily exempt from disclosure but are sensitive because these particular portions of bidder’s bid (NOT including pricing) include highly confidential, proprietary, or trade secret information (or the equivalent) that bidder protects through the regular use of confidentiality or similar agreements and routine enforcements through court enforcement actions, please mark the precise portion(s) of the relevant page(s) of bidder’s bid that include such sensitive information.

In the event that WSDOT receives a public records disclosure request pertaining to information that bidder has submitted and marked either as (a) statutorily exempt from disclosure; or (b) sensitive, WSDOT, prior to disclosure, will do the following:

WSDOTs’ Public Records Officer will review any records marked by bidder as statutorily exempt from disclosure. In those situations, where the designation comports with the stated statutory exemption from disclosure, WSDOT will redact or withhold the document(s) as appropriate.

For documents marked ‘sensitive’ or for documents where WSDOT either determines that no statutory exemption to disclosure applies or is unable to determine whether the stated statutory exemption to disclosure properly applies, WSDOT will notify the bidder, at the address provided in the bid submittal, of the public records disclosure request and identify the date that WSDOT intends to release the document(s) (including documents marked ‘sensitive’ or exempt from disclosure) to the requester unless the bidder, at bidder’s sole expense, timely obtains a court order enjoining WSDOT from such disclosure.

In the event bidder fails to timely file a motion for a court order enjoining such disclosure, WSDOT will release the requested document(s) on the date specified. Bidder’s failure properly to identify exempted or sensitive information or timely respond after notice of request for public disclosure has been given shall be deemed a waiver by bidder of any claim that such materials are exempt or protected from disclosure.

GIFTS

The Vendor shall comply with all applicable sections of the State Ethics law, chapter 42.52 RCW, which regulates gifts to State officers and employees. Under that statute, any State officer or employee who has or will participate with the Vendor regarding any aspect of the Contract involving the purchase of goods or services is prohibited from seeking or accepting any gift, gratuity, favor, or anything of economic value from the Vendor. Neither the Vendor not any agent or representative shall offer anything of economic value as a gift, gratuity, or favor, directly or indirectly, to any such officer or employee.

Solicitation Number HQ052024

TITLE VI NOTICE TO THE PUBLIC

It is WSDOT’s policy to assure that no person shall, on the grounds of race, color, or national origin, as provided by Title VI of the Civil Rights Act of 1964, be excluded from participation in, be denied the benefits of, or be otherwise discriminated against under any of its programs and activities. Any person who believes his/her Title VI protection has been violated may file a complaint with WSDOT’s Office of Equity and Civil Rights (OECR). For additional information regarding Title VI complaint procedures and/or information regarding our non-discrimination obligations, please contact OECR’s Title VI Coordinator at 360-705-7090.

NONDISCRIMINATION

a. Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement.

b. Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).

c. Default. Notwithstanding any provision to the contrary, WSDOT may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until WSDOT receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), WSDOT may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.

d. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under chapter 49.60 RCW. WSDOT shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe WSDOT for default under this provision.

AMERICANS WITH DISABILITIES ACT (ADA) INFORMATION

This material can be made available in an alternate format by emailing the WSDOT Office of Equity and Civil Rights at wsdotada@wsdot.wa.gov or by calling toll free, 855-362-4ADA (4232). Persons who are deaf or hard of hearing may make a request by calling the Washington State Relay at 711.

mailto:wsdotada@wsdot.wa.gov

Solicitation Number HQ052024

IMBEDDED INTERNET URLS

WSDOT Standard Specifications http://www.wsdot.wa.gov/Publications/Manuals/M41-10.htm

Statewide Vendor Number https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services

Receiving Payments from the State https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services/vendor-payee-registration

Department of Revenue http://dor.wa.gov/

WAC 458-20: https://apps.leg.wa.gov/WAC/default.aspx?cite=458-20

WAC 458-20-193: https://apps.leg.wa.gov/WAC/default.aspx?cite=458-20-193

WSDOT Public Disclosure:

https://wsdot.wa.gov/about/contacts/public-disclosure

COMPLAINT, REQUEST FOR DEBRIEF, AND PROTEST PROCESS

The purpose of these instructions is to provide a clear and transparent process for vetting issues or concerns with the Washington State Department of Transportation (WSDOT) competitive procurement solicitations. All WSDOT competitive solicitations will be posted in the Washington Electronic Business Solution (WEBS) and will include these instructions.

Complaints, requests for debrief, and protests will be:

• In writing; and delivered either in person, by USPS, courier, or email to the Procurement Coordinator identified on the cover page of the solicitation.

• Signed by the complaining or protesting Bidder, unless sent by email.

• Submitted and delivered within the time frame outlined in this document.

• Identified with the WSDOT solicitation number.

• Identified as “Complaint”, “Request for Debrief”, or “Protest” in the subject line of the correspondence or email.

COMPLAINT PROCESS

The complaint process is available to bidders with unresolved issues or concerns that were not resolved during the question and answer period of the solicitation. Every attempt should be made to address and resolve issues or concerns during the question and answer period.

A complaint must be received by the Procurement Coordinator, not less than five (5) business days prior to the deadline for bid submission. The Procurement Coordinator’s name, PO Box, physical address, and email address will be listed on the cover page of the solicitation.

http://www.wsdot.wa.gov/Publications/Manuals/M41-10.htm https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services/vendor-payee-registration https://ofm.wa.gov/it-systems/accounting-systems/statewide-vendorpayee-services/vendor-payee-registration http://dor.wa.gov/ https://apps.leg.wa.gov/WAC/default.aspx?cite=458-20 https://apps.leg.wa.gov/WAC/default.aspx?cite=458-20-193 https://wsdot.wa.gov/about/contacts/public-disclosure

Solicitation Number HQ052024

GROUNDS FOR COMPLAINT

To be considered, complaints may be based only on the following:

• The solicitation unnecessarily restricts competition;

• The solicitation evaluation or scoring process is unfair or flawed; or

• The solicitation requirements are inadequate or insufficient to prepare a response.

COMPLAINT CONTENT

The complaint shall include:

• The legal name of the Business, mailing address, phone number, email address, and the name of the individual submitting the complaint.

• The solicitation document name and number and reference to WSDOT as the issuing agency.

• Specific and complete statement of WSDOT action that is the subject of the complaint.

• Facts and arguments.

• Specific reference to the basis for the complaint.

• Description of the relief or corrective action requested.

COMPLAINT REVIEW PROCESS

The Procurement Coordinator will consider all the facts available after receiving a complaint.

The Procurement Coordinator will send the response to the complaint directly to the Vendor and post the complaint and the response in WEBS prior to bid submission deadline.

If additional time is needed to provide a response to the complaint and it affects the bid submission deadline, the Procurement Coordinator will extend the bid submission date with an amendment to the solicitation.

The WSDOT response to the complaint is final and not subject to appeal or protest.

DEBRIEF CONFERENCE (PROTEST PRECONDITION)

Following the announcement of the Apparent Successful Bidder, a Bidder who submitted a responsive bid may request a debrief conference. A debrief conference provides an opportunity for a Bidder to discuss their bid and evaluation with the Procurement Coordinator.

REQUEST FOR DEBRIEF CONFERENCE

The request for a debrief conference must be made via email to the Procurement Coordinator at the email address listed on the cover page of the solicitation. Subject line must include “Request for Debrief”. The request for a debrief must be received by the Procurement Coordinator within three (3) business days after the announcement of the Apparent Successful Bidder.

LOCATION OF DEBRIEF CONFERENCE

A debrief conference may be conducted in person at a designated WSDOT facility, or by telephone, as determined by the Procurement Coordinator, and may be limited by WSDOT to a specified period of time.

The failure of a Bidder to timely request and attend a debrief conference shall constitute a waiver of the right to submit a protest.

Solicitation Number HQ052024

PROTEST PROCESS

The protest process is available only to a Bidder who submitted a responsive bid.

The protest period begins the first business day after the protesting Bidder has attended a debrief conference. For a protest to be considered it must be submitted and received by the Procurement Coordinator within five (5) business days after the debriefing conference.

GROUNDS FOR PROTEST

To be considered, protests may be based only on the following:

• Bias, discrimination, or conflict of interest on the part of an evaluator;

• Errors in computing the scores; or

• Non-compliance with procedures described in the solicitation document, Department of

Enterprise Service’s policy, or applicable State or Federal laws or regulations.

PROTEST CONTENT

A protest shall contain the facts and arguments upon which the protest is based and shall be signed by a person authorized to bind the Bidder to a contractual relationship.

At a minimum, the protest shall include the following information:

• Business Name, mailing address, phone number, email address, and protesting Bidder’s name.

• Solicitation document name, number, and reference to WSDOT as the issuing agency.

• Specific and complete statement of WSDOT action(s) being protested.

• Specific reference to the grounds for the protest.

• Description of the relief or corrective action requested.

PROTEST AUTHORITY

The Procurement and Materials Coordinator has been delegated as the Protest Authority for WSDOT.

The Procurement Coordinator will forward the protest to the Procurement and Materials Coordinator within one (1) business day.

PROTEST REVIEW PROCESS

The Procurement and Materials Coordinator will assign a neutral party who was not involved in the evaluation and award process of the protested solicitation.

The neutral party will objectively review all protest materials submitted by the Bidder and all other relevant facts known to WSDOT.

The Procurement and Materials Coordinator may request the authority to sign a contract before the protest process is completed from the Director, Department of Enterprise Services, due to exigent circumstances.

PROTEST DECISION

The Procurement and Materials Coordinator will review the recommendation of the neutral party and issue a decision within ten (10) business days of receipt of the protest. If more time is required, the Procurement and Materials Coordinator will notify the protesting Bidder, in writing, of any delay.

Solicitation Number HQ052024

The final determination shall:

• Find the protest lacking in merit and uphold the award; or

• Find only technical or harmless errors in the procurement process, determine substantial compliance, and reject the protest; or

• Find merit in the protest and provide options that may include:

o Correct errors and reevaluate all proposals; or o Reissue the solicitation document; or o Make other findings and determine other courses of action as appropriate.

The protest authority’s decision is final and no appeal process will be allowed.

REFERENCES

• RCW 39.26.170—Procurement of Goods and Services

• Department of Enterprise Services Policy #DES-170-00 (Complaints and Protests) https://app.leg.wa.gov/RCW/default.aspx?cite=39.26.170 https://www.des.wa.gov/policies-legal/complaints-and-protests-des-170-00

REVISED April 11, 2013

Request for Quotation / Invitation to Bid Do Not Return No Bid Responses

SUPPLIER NOTICE: Quotations should be completed in ink and on this form. Unsigned or late quotations will neither be accepted nor returned to the suppliers. Please quote net prices at which you agree to furnish all below goods and services, freight prepaid, FOB destination. Add sales tax as separate item; do NOT include tax in price(s) quoted. The State reserves the right to accept or reject quotations on each item separately or as a whole. By signing below the supplier affirms having read the terms and conditions noted above and those attached: agrees thereto, and has stated here on the prices at which he/she shall furnish and deliver. The signature below signifies the name of company principal or his/her agent acting within scope of authority to commit company. Provide unit prices for ALL items identified below.

Multiply by the “estimated usage” quantity shown and insert the total in the “subtotal” column. Caution: Do not leave any Unit Prices blank. Failure to bid prices for all line items specified may result in a bid being rejected for lack of responsiveness. To ensure consideration, your quotation must be received by the “Return Date” shown on this form. If inadequate competition is received or the prices are considered excessive, all quotes may be rejected and additional suppliers be asked to quote.

Company Name

Address

City State Zip

Return Bid To:

Washington State Department of Transportation 310 Maple Park Ave. SE, Room 3D3 Olympia, WA 98501-2348

Solicitation Number: HQ052024 Date Solicitation Issued: Friday, December 13, Procurement Coordinator: Carolyn Simmonds Date and Time Bids Due: Thursday, January 9, 2025 (4:00 PM Pacific Time) Email Address: rail@wsdot.wa.gov

Telephone Number: (360) 705-7992

Line item # Part # Description Qty. Unit Unit Price Net Amount

1 “Railroad Ballast” – Standard No. 4 or No.4a TON

2 “Yard Ballast” – Standard No. 57 or No. 5 TON

3 “Crushed Surfacing Base Coarse” - Standard TON

4 “Crushed Surfacing Top Coarse” - Standard TON

5 “Delivery and Stockpiling” / Paid One-Way, Source to the Stockpile Location TON-

MILE

Total Before Tax

TAX RATE SHALL APPLY AT STOCK PILE LOCATION Grand Total with Tax

Supplier Will Allow _______ % Discount for payment within 30 Days OR Supplier Will Accept Credit Card for Payment:

Yes No

Supplier guarantees delivery within 90 days after receipt of purchase order to the following address:

Yes No

Shipment will be made from __________________________________ via ______________________________________.

Print Name and Title:

Phone:

Federal Tax ID:

Signature_________________________________________________ Date_________________

CONTRACTOR CERTIFICATION – WAGE THEFT PREVENTION: GOODS & SERVICES CONTRACTS

(Rev. 7-12-2017)

CONTRACTOR CERTIFICATION

WAGE THEFT PREVENTION – RESPONSIBLE BIDDER CRITERIA

WASHINGTON STATE GOODS & SERVICES CONTRACTS

Prior to awarding a contract, agencies are required to determine that a bidder is a ‘responsible bidder.’ See RCW 39.26.160(2) & (4). Pursuant to legislative enactment in 2017, the responsible bidder criteria include a contractor certification that the contractor has not willfully violated Washington’s wage laws. See Chap. 258, 2017 Laws (enacting SSB 5301).

Solicitation No.: HQ052024

Procurement Solicitation Dated: December 13, 2024

I hereby certify, on behalf of the firm identified below, as follows (check one):

NO WAGE VIOLATIONS. This firm has NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced procurement solicitation date.

OR

VIOLATIONS OF WAGE LAWS. This firm has been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, a provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced procurement solicitation date.

I hereby certify, under penalty of perjury under the laws of the State of Washington, that the certifications herein are true and correct and that I am authorized to make these certifications on behalf of the firm listed herein.

FIRM NAME: _____________________________________________________

Name of Contractor/Bidder – Print full legal entity name of firm

By: ______________________________ Signature of authorized person

Title: ______________________________ Title of person signing certificate

Date: ________________________________

Print Name of person making certifications for firm

Place: ________________________________ Print city and state where signed http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48.082 http://app.leg.wa.gov/RCW/default.aspx?cite=49.46 http://app.leg.wa.gov/RCW/default.aspx?cite=49.48 http://app.leg.wa.gov/RCW/default.aspx?cite=49.52

SOLICITATION NUMBER HQ052024

BIDDER CERTIFICATIONS AND ASSURANCES

Return this form, completed and signed, with bid

Certifications and Assurances We make the following certifications and assurances as a required element of the Response, to which it is attached, affirming the truthfulness of the facts declared here and acknowledging that the continuing compliance with these statements and all requirements of the RFQ are conditions precedent to the award or continuation of the resulting Contract.

1. The prices in this Response have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other bidder or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered. The prices in this Response have not been and will not be knowingly disclosed by the bidder, directly or indirectly, to any other bidder or competitor before Contract award unless otherwise required by law.