REQUEST FOR QUOTATION

Asphalt Material, Delivery, & Labor by Vendor

SPECIFICATIONS

1. PURPOSE AND SCOPE: The West Virginia Department of Transportation is soliciting bids to establish a multiple award open-end asphalt material, delivery, and labor by vendor contract for preventive maintenance and repair projects throughout the state of West Virginia. Vendor will provide all materials, delivery, and labor at WVDOT project sites.

2. DEFINITIONS: The terms listed below shall have the following meanings assigned to them throughout and for the purpose of this Solicitation. Additional definitions can be found in Section 2 of the General Terms and Conditions.

2.1 “ADO” or “Agency Delivery Order” - a written order entered by WVDOT personnel in the wvOASIS financial system against a master agreement, authorizing quantities of commodities and/or services to be delivered in accordance with all terms, conditions, and prices stipulated in the original contract.

2.2 “Approved Source,” “Approved Plant,” “Approved Product,” or “Approved Vendor” - terms referring to the Approved Product Lists (APL) of certified manufacturers and/or products that meet acceptable levels of quality as determined by WVDOH Materials Control, Soils and Testing Division (MCS&T). These lists are updated periodically and it is the Vendors responsibility to refer to the MCS&T website to ensure compliance. Reference:

https://transportation.wv.gov/division-approved-product-lists-apls.

2.3 “Asphalt,” “Hot Mix Asphalt,” and “HMA” - terms used interchangeably for asphalt.

2.4 “Contract Item” - items available for Vendor to provide pricing as identified in Section 3 of this Solicitation and referenced throughout.

2.5 “Contractor” or “Vendor” - interchangeably used throughout this Solicitation and in any cited Sections of the West Virginia Department of Transportation, Division of Highways Standard Specifications, Roads and Bridges, adopted latest Standard Specs edition, as amended, including any Supplementals and refers to any entity submitting a bid in response to the Solicitation, the entity that has been selected as the lowest responsible bidder, or the entity that has been awarded the Contract, as context requires.

2.6 “Emergency Work” - work or orders required to be done without delay and owing to circumstances for which the WVDOT could not have reasonably expected and has been designated as such by a representative of the WVDOT.

2.7 “FOB” or “Free on Board” – indicates that the price for goods includes delivery at the Vendor’s expense to a specified point, and that the Vendor retains liability for loss or damage until the goods are delivered.

2.8 “HPTO” - High Performance Thin Overlay.

2.9 “Liquidated Damages” - monetary compensation due from the Vendor in the event the Vendor’s performance falls short of contractual stipulation or breaches the contract. Delays in the delivery of goods and/or services or quality failures or corrections by the Vendor may result in the Agency assessing charges for such deficiencies per these contract Specifications, the Standard Specs Section 108.7, as amended, and calculated from the table posted in Section 8.4.1 of these Specifications.

2.10 “MCS&T” - The WVDOH Materials Control, Soils and Testing Division, who perform all procedures necessary with sampling, testing, reporting and inspection of products and materials to maintain a reliable quality assurance system. Reference:https://transportation.wv.gov/materials-control-soils-and-testing-division.

2.11 “MP” - refers to a Materials Procedure per the Materials Control, Soils, and Testing Division of the West Virginia Division of Highways, as amended. Reference: https://transportation.wv.gov/wvdoh-materials-procedures.

2.12 “PG” – Performance Graded.

2.13 “Plant Information Form” and “Information Form” - mandatory forms which the Vendor must complete and submit with their bid to identify each of the Vendor’s sourced Plants. Vendor shall provide Plant name, location, and counties served for each Plant sourced for asphalt and/or stone Materials associated with this contract’s Pricing Pages. Plant Information forms are mandatory and must accompany their respective Pricing Pages and be submitted at the time of bid. This Solicitation requires a minimum of TWO (2) Plant Information Forms: Attachment C Asphalt Plant Information Form (ATT C) and Attachment D Stone Plant Information Form (ATT D).

2.14 “Pricing Pages” - the schedule of prices attached hereto as Attachment A Pricing Pages (ATT A) and Attachment B Mobilization Pricing Pages (ATT B) which are used to evaluate the Solicitation responses. This Solicitation requires a minimum of TWO (2) Pricing Pages: Attachment A Pricing Page (ATT A) and Attachment B Mobilization Pricing Page (ATT B). Pricing Pages shall accompany and correspond with Vendor Plant Information Forms.

2.15 “RAP” - Reclaimed Asphalt Pavement.

2.16 “RPM” - Raised Pavement Markers.

2.17 “Solicitation” – the official notice of an opportunity to supply the State with goods or services.

2.18 “SP” - WVDOH Special Provision.

2.19 “Standard Specs” – the West Virginia Department of Transportation, Division of Highways Standard Specifications, Roads and Bridges, most recent edition, as modified or amended by all subsequent Supplemental Specifications.

2.20 VRAM – Void Reducing Asphalt Membrane.

2.21 “WVDOT” or “Agency”– interchangeable terms referring to the West Virginia Department of Transportation.

3. GENERAL REQUIREMENTS:

3.1 Standard Specifications Roads and Bridges: The following Standard Specs Sections shall apply, as applicable, to the administration of this contract: 101, 102, 103, 104, 105, 106, 107, 108, 109, and 110, as amended.

Materials, equipment, and performance of this contract shall conform, but is not limited to, the requirements of Sections 307, 401, 402, 403, 408, 415, 636, and 703, as amended.

Free electronic copies of the Standard Specs and Supplementals are available at:

https://transportation.wv.gov/specifications-standards-and-publications.

3.2 Contract Items and Mandatory Requirements: Vendor shall provide Agency with the Contract Items listed below on an open-end and continuing basis. Contract Items must meet or exceed the mandatory requirements as shown below.

NOTE: Vendor must bid material and laydown services together to be considered for contract award. Bid responses received for materials only or for laydown services only will be disqualified. The WVDOT will not coordinate the ordering and payment of material and laydown services with separate vendors.

3.2.1 Asphalt Materials:

3.2.1.1 Asphalt Materials - Contract Items 1 through 17: Materials from this contract shall only be purchased when delivery by Vendor and Labor by Vendor are required on an ADO. All materials used on this contract shall be from MCS&T approved sources/plants, as amended. Reference:

https://transportation.wv.gov/division-approved-product-lists-apls.

3.2.2 Shoulder Stone:

3.2.2.1 Shoulder Stone Placement – Contract Item 18: Section 307 Class 10 shoulder stone material shall be bid per ton and meet the requirements of Exhibit 1–Page 1, Shoulder Reconstruction Detail (EXH 1–Page 1), and Exhibit 1-Page 2, Restoring Shoulder for Guardrail (EXH 1-Page 2), or as designated on the ADO and by the WVDOT District Engineer or their designee. All labor, equipment, and material shall be included in the unit bid price.

3.2.2.2 Class 1 and Class 9 Aggregate – Contract Items 19 & 20: Class 1 and class 9 aggregate shall meet the requirements of Standard Specs section 704.6, as amended.

3.2.2.3 Haul by Vendor Shoulder Stone Placement – Contract Items 22 and 23: The distance over suitable routes selected by the WVDOT District Engineer or their designee using the allowed haul costs that will provide the lowest total cost to the WVDOT and shall be measured from the Vendor’s Stone plant location, which shall be identified by the Vendor on Attachment D - Stone Plant Information Form (ATT D) to the WVDOT’s mid-point of the project.

Both in-state and out-of-state delivery route mileage will be calculated by the WVDOT, using the shortest route, by utilizing “Google Earth” or a similar source for routing from the Vendor’s plant location to the WVDOT mid-point of the project location. WVDOT will determine the route to be taken due to bridge and/or road restrictions which shall have acceptable load limits for both roads and bridges.

3.2.2.4 Shoulder Stone Mobilization - Contract Item 21: Vendor compensation for the mobilization of shoulder stone for placement and shall be priced on Attachment B Mobilization Pricing Pages (ATT B) which shall correspond with Vendor’s ATT D, which includes counties sourced for Stone.

3.2.3 Surcharge for Performance Graded Binders - Contract Items 24 through 26: Surcharges to compensate Vendor for supplying asphalt when the referenced binder is substituted for the standard binder. The Surcharge for PG Binder 64E minus 22, Contract Item 25, shall be ordered by WVDOT in 400-ton increments.

3.2.4 Asphalt Haul by Vendor – Contract Items 27 and 28: The distance over suitable routes selected by the WVDOT District Engineer or their designee using the allowed for haul costs that will provide the lowest total cost to the WVDOT and shall be measured from the Vendor’s plant location, which shall be identified on the Attachment C Asphalt Plant Information Form (ATT C) to the WVDOT’s mid-point of the project.

Both in-state and out-of-state delivery route mileage will be calculated by the WVDOT, using the shortest route, by utilizing “Google Earth” or a similar source for routing from the Vendor’s plant location to the WVDOT mid-point of the project location. WVDOT will determine the route to be taken due to bridge and/or road restrictions which shall have acceptable load limits for both roads and bridges. Haul by Vendor will only be requested in combination with other awarded items.

3.2.5 Laydown of Materials - Contract Items 29 through 32: Vendor shall provide laydown services for Asphalt Section Contract Items 1 through 17 as designated on the ADO and the WVDOT District Engineer or their designee.

3.2.5.1 Safety Edge ™: As per the Standard Spec Sections 401.10.6, as amended and Exhibit 2, Safety Edge Design Directive 650 (EXH 2), when the total specified lift thickness of pavement is 1.5 inches or greater, the Vendor shall construct an outside pavement edge with Safety Edge™, where appropriate as described in EXH 2, unless directed otherwise by the WVDOT District Engineer or their designee. Safety Edge™ shall be installed at no additional cost to the WVDOT. Only models listed on MCS&T’s Approved Asphalt Safety Edge™ Devices listing will be accepted. Reference:

https://transportation.wv.gov/division-approved-product-lists-apls, as amended.

3.2.6 Excavation for Shoulder Paving - Contract Items 35 through 38: The removal of existing shoulder material for a length and width to be determined by the WVDOT District Engineer or their designee in two inch (2”) vertical increments. Vendor shall include the loading, hauling, and disposal of excavated material in its bid price.

The replacement of asphalt base, asphalt wearing, or shoulder stone aggregate will be paid as shown in Sections 3.2.8 and 3.2.9 of these specifications.

3.2.7 Asphalt Base I Shoulder Paving Surcharge - Contract Items 39 through 42: Surcharges for work performed to pave road shoulders consisting of installing and compacting Asphalt Base I to the elevation of the existing pavement in the shoulder that is to be paved. Vendor shall comply with Exhibit 1-Page 3, Repaving Pipe Trenches in Paved Shoulder (EXH 1–Page 3), where relevant work is performed.

Note the following Asphalt Base I related line Contract Items:

· Asphalt base I will be paid as Asphalt Base 401-Base I Contract Item 1.

· Hauling of Asphalt Base I will be paid as Asphalt Haul by Vendor Contract Items 27 and 28.

· Laydown of Asphalt Base I will be paid as Laydown of Material Contract Items 29 through 32.

· Excavation for Asphalt Base I will be paid as Excavation for Shoulder Paving Contract Items 35 through 38.

· Shoulder stone placement/restoring, and stone will be paid as Shoulder Stone Placement for Asphalt Section 307 - Class 10 Contract Item 18.

3.2.8 Asphalt Base II Shoulder Paving Surcharge - Contract Items 43 through 46: Surcharges for work performed to pave road shoulders consisting of installing and compacting Asphalt Base II to the elevation of the existing pavement in the shoulder that is to be paved. Vendor shall comply with Exhibit 1-Page 3, Repaving Pipe Trenches in Paved Shoulder (EXH 1–Page 3), where relevant work is performed.

Note the following Asphalt Base II related line Contract Items:

· Asphalt Base II will be paid as Asphalt Section 401 - Base II Contract Item 3.

· Hauling of Asphalt Base II will be paid as Asphalt Haul by Vendor Contract Items 27 and 28.

· Laydown of Asphalt Base II will be paid as Laydown of Material Contract Items 29 through 32.

· Excavation of Asphalt Base II will be paid as Excavation of Shoulder Paving Contract Items 35 through 38.

· Shoulder stone placement/restoring, and stone will be paid as Shoulder Stone Placement for Asphalt Section 307 – Class 10 Contract Item 18.

3.2.9 Asphalt Material for Tack Coat - Contract Item 47: Shall be furnished and applied in accordance with Standard Specs Section 408, as amended, and as directed by the WVDOT District Engineer or their designee.

3.2.10 Additional Heel-In Joints - Contract Item 48: The beginning and the end of each paving location will be performed by Vendor, in accordance with Exhibit 1–Page 4, Resurfacing Heel-In Detail (EXH 1-Page 4). Additional heel-in joints, in accordance with the Resurfacing Heel-In Detail, may be required as directed by the WVDOT District Engineer or their designee at intersecting roadways, at the beginning and end of each paving skip, and at other designated locations. Payment of additional heel-in joints shall be paid per linear foot as measured along the joint, which shall be full payment for complete construction of the joint.

3.2.11 Overbanding of Constructed Joint – Contract Item 49: All longitudinal joints shall be overbanded in accordance with Standard Specs Section 403, as amended, and as directed by the WVDOT District Engineer or their designee.

3.2.12 Skip Paving Surcharge - Contract Item 50: Skip paving may be requested by the WVDOT District Engineer or their designee and will apply when the distance between the end of one skip and the beginning of the next exceeds 2,500 feet. Skip paving for distances less than 2,500 feet from the end of one skip and the beginning of the next will not qualify for a skip paving surcharge. Payment shall be made for each ton of final surface course material completed in place on the project. Patching and leveling in preparation for resurfacing of a project shall not be considered skip paving.

3.2.13 Pavement Profiling/Milling: Pavement profiling/milling shall consist of profiling the existing pavement to the specified grade and cross slope by grinding, planing, or milling. The profiling equipment shall be capable of accurately establishing profile grades of one-quarter inch (¼”) plus or minus, along each edge of the machine by reference from the existing pavement by use of ski or matching shoe or by reference to independent grade control. The equipment shall have an automatic system for controlling grade and cross slope. The Vendor shall provide adequate manpower and auxiliary equipment to control dust and remove cuttings from the project site. Stockpiling of cuttings on the project site will not be permitted and Vendor shall be responsible for any damages to drainage facilities, manholes, or other appurtenances within the pavement area.

3.2.13.1 Pavement Profiling/Milling - Contract Items 51 through 62: Pavement profiling/milling shall be measured as the total number of square yards planed or ground to a depth not exceeding two inches (2”). Should the required removal depth exceed two inches (2”), additional quantities shall be measured for each additional two-inch (2”) increment.

It shall be the WVDOT District Engineer or their designee’s decision as to whether the WVDOT or the Vendor will retain ownership of the profiled/milled cuttings and will designate Pavement Profiling/Milling-WVDOT Contract Items 51 through 56 or Pavement Profiling/Milling-Vendor Contract Items 57 through 62 on the ADO. Vendor shall factor in the haul cost of profiled/milled cuttings up to 10 miles, one way, in its pricing of Pavement Profiling/Milling Contract Items 51 through 62, regardless of who will retain ownership of the millings.

3.2.13.2 Mobilization for Profiling/Milling - Contract Item 63: Vendor shall use ATT B to provide mobilization for profiling/milling pricing. Vendor bid pricing shall include all preparatory operations and the movement of necessary personnel and equipment to the project site to begin profiling, milling, or fine milling work. Only one mobilization fee for profiling/milling per ADO shall be paid for Pavement Profiling/Milling Contract Items 51 through 62 or Fine Milling Contract Items 86 through 97.

3.2.14 Haul of Profiled/Milled Cuttings or Fine Millings - Contract Items 64 and 65: Profiled/milled cuttings or fine millings from the project site may be hauled by either WVDOT forces or the Vendor, as determined by the WVDOT District Engineer or their designee. When WVDOT retains ownership of the millings, Pavement Profiling/Milling-WVDOT Contract Items 51 through 56 and Fine Milling -WVDOT Contract Items 86 through 91, hauling of profiled/milled cuttings or fine millings by the Vendor shall be to locations designated by the WVDOT District Engineer, or their designee. When Vendor retains ownership of the millings, Pavement Profiling/Milling-Vendor Contract Items 57 through 62 and Fine Milling-Vendor Contract Items 92 through 97, hauling of profiled/milled cuttings or fine millings by Vendor shall be calculated to the Vendor’s nearest plant location. Mileage shall be calculated using the method described in Section 3.2.4.

The first 10-mile, one way haul of profiled/milled cuttings or fine millings shall be included with the bid price of Pavement Profiling/Milling Contract Items 51 through 62, and Fine Milling Contract Items 86 through 97, and shall not be charged separately.

All labor and equipment used to complete Haul of Profiled/Milled Cuttings or Fine Millings Contract Item 64 shall be included in the unit bid price for Contract Item 64.

Haul of profiled/milled cuttings or fine millings beyond the initial 10 miles shall be bid per ton-mile as Haul of Profiled/Milled Cuttings or Fine Millings Contract Item 65 and shall only be charged for mileage one way. Haul of profiled/milled cuttings or fine millings shall be for full capacity, legal truckloads only, except for the last haul of the day, which permits the hauling of a partial load at the same rate.

3.2.15 Pavement Repair Services- Contract Items 66 through 81: Performed in conjunction with an overlay, pavement repair shall consist of squaring up the repair area, removing damaged material to a depth directed by the WVDOT District Engineer or their designee, hauling and disposing of existing pavement, tacking of existing surfaces, and placing and compacting Asphalt Base I or Asphalt Base II in lifts not exceeding two inches (2”) to the level of the existing pavement. All Pavement Repair services shall include all labor, equipment, and materials, and other incidentals, except for Asphalt Base I, Asphalt Base II and stone. The cost of Asphalt Base I and Asphalt Base II material shall be charged separately as Asphalt Section 401 - Base I Contract Item 1 and Asphalt Section 401 – Base II Contract Item 3. Pavement Repair Services do not qualify for asphalt or aggregate price adjustments; however, Asphalt Base I material, Asphalt Base II material, and aggregate material used for pavement repair qualifies for price adjustment, per Section 4 of these specifications.

Haul for Pavement Repair shall be covered under Haul by Vendor Shoulder Stone Placement, Contract Items 22 & 23, or Asphalt Haul by Vendor, Contract Items 27 & 28.

3.2.15.1 Base Failure Repair, Asphalt- Contract Items 66-69 shall be in accordance with Exhibit 1 - Page 5, Base Failure Repair Detail (EXH 1-Page 5).

3.2.15.2 Base Failure Repair, Stone- Contract Items 70 through 73 shall be in accordance with Exhibit 1 - Page 5, Base Failure Repair Detail (EXH 1-Page 5).

NOTE: Per EXHIBIT 1, Page 5, “Varies*” shall mean for every 3 inches of asphalt, there shall be six (6) inches of stone, unless specified otherwise by the Engineer. When Base Failure Repair significantly exceeds these amounts, additional prorated SY may be paid at the discretion and pre-approval of the Engineer.

3.2.15.3 Edge Failure Repair, Contract Items 74 through 77, shall be in accordance with Exhibit 1 - Page 6, Edge Failure Repair Detail (EXH 1-Page 6).

3.2.15.4 Pothole Repair, Contract Items 78 through 81, shall be in accordance with Exhibit 1-Page 7, Pothole Repair Detail (EXH 1-Page 7).

NOTE: To calculate for Pothole Repair pricing, asphalt repair shall be a depth of two-inch (2”) vertical increments. The span by width and length shall be measured by the total number of square yards, per mile. Each two-inch increment would be multiplied by the number of square yards and per mile. Unit quantities would increase for every two-inch (2”) increment, and again, per tier.

3.2.16 Asphalt Base, Wearing, and Patching and Leveling Courses: Shall be in accordance with section 401 of the Standard Specs as amended, to address the use of increased amounts of RAP used within mixes produced for projects in the WVDOT construction program.

3.2.17 Crushed Aggregate Base Course: RAP may be substituted for Class 10 shoulder stone materials on roadways where edge line pavement markings exist or are installed per Standard Specs Section 307, as amended.

3.2.18 Asphalt HPTO Contract Item 82: Shall be in accordance with Exhibit 4, Special Provision 496 (EXH 4), as amended, and be PG 64E-22 and ordered in 400-ton increments or greater. Hauling will not be included in the combined material and laydown price and shall be paid as Asphalt Haul by Vendor Contract Items 27 and 28.

3.2.18.1 Non-Tracking Tack, Contract Item 83 To be used with Asphalt HTPO Contract Item 82 and shall be an MCS&T approved product from an MCS&T approved Vendor and shall meet the recommended requirements of the supplier unless otherwise specified by the WVDOT District Engineer or their designee. The District Engineer or their designee may specify non-tracking tack for purposes beyond Asphalt HPTO applications. Reference:

https://transportation.wv.gov/wvdoh-materials-procedures, as amended.

3.2.18.2 Laydown of Materials, Contract Item 84, shall provide laydown services for Asphalt HTPO Contract Item 82. Any costs associated with a Material Transfer Device shall be included in the Vendor’s bid price for laydown and provided at projects designated by the WVDOT District Engineer or their designee.

3.2.19 Ultra-Thin Asphalt Overlay, Contract Item 85: Shall be in accordance with Exhibit 5, Special Provision 498 (“EXH 5”), as amended. Laydown service shall be provided per Section 3.2.5 of these contract specifications.

3.2.20 Fine Milling of Asphalt Pavement Surfaces, Contract Item 86 through 97: Shall be the fine milling of existing and/or new asphalt pavement at locations shown on the plans or as directed by the WVDOT District Engineer or their designee in accordance with the Standard Test Method for Measuring Pavement Macrotexture Depth using a Volumetric Technique, MP 401.07.24.

It shall be the WVDOT District Engineer or their designee’s decision as to whether the WVDOT or the Vendor will retain ownership of the fine milled cuttings and will designate on the ADO Fine Milling -WVDOT Contract Items 86 through 91 or Fine Milling -Vendor Contract Items 92 through 97 on the ADO. Vendor shall factor in the haul cost of profiled/milled cuttings up to 10 miles, one way, in its pricing of Fine Milling Contract Items 86 through 97, regardless of who will retain ownership of the millings.

3.2.21 Rumble Strips:

3.2.21.1 Milled Rumble Strips, Contract Item 98: Shall be in accordance with Exhibit 1-Page 8, Rumble Strip Special Detail (“EXH 1-Page 8”).

3.2.21.2 Mobilization for Milled Rumble Strips - ATT B Contract Item 99: Vendor bid pricing shall include all preparatory operations and the movement of necessary personnel and equipment to the project site to begin milled rumble strip work. Only one mobilization fee per ADO shall be paid when Contract Item 83 is required.

3.2.22 Parking Lot and Facility Paving Surcharge, Contract Item 100: A surcharge which shall be provided when materials, Asphalt Section Contract Items 1 through 17, Asphalt HTPO Contract Item 82, and Ultra-Thin Asphalt Overlay Contract Item 85 are used to pave parking lots.

3.2.23 Cleaning and Sweeping, Contract Item 101: Shall be calculated as the paving length times the width swept. The WVDOT shall have the option to perform cleaning and sweeping.

3.2.24 Raised Pavement Markings, Contract Items 108 and 109: Must be stored and installed in accordance with Standard Specs Sections 663 and 715, as amended, and shall be in accordance with Exhibit 1-Page 10, Raised Pavement Marker Types “P” and “R” Detail (“EXH 1-Page 10”). Vendor shall bid one price per installed marker on ATT A.

3.2.24.1 Type P-2 RPMs must be produced by a certified manufacturer, per the most recent Division Approved Product List Material Code – 715.040.002 – Type P-2 Raised Pavement Markers. Reference:

https://transportation.wv.gov/division-approved-product-lists-apls.

3.2.24.2 Type R-4 RPMs must meet all ASTM D4280 standards addressed in Standard Specs Section 715.40.6.2, as amended.

3.2.25 Raised Pavement Marker (RPM) Removal, Contract Item 111: Shall be removed per Standard Specs Sections 405, 420, and 663, as amended, except when the project plans indicate an alternative. Vendor shall bid one price per RPM removed.

3.2.26 Void Reducing Asphalt Membrane, Contract Items 113 through 116: Shall be in accordance with Exhibit 6, Special Provision 403 (“EXH 6”), as amended. All surface preparation shall be included in the VRAM bid price except when the center line must be removed, then VRAM Preparation - Removal of Center Line, Contract Item 117, may be charged. No additional mobilizations shall apply.

3.2.27 Traffic Maintenance, Contract Items 102 through 105: While undergoing improvement, the project site shall be kept open to traffic in such condition that both local and through traffic will be adequately and safely accommodated. All improvement operations shall be scheduled by the Vendor to keep traffic delay to a minimum.

Traffic Control may be furnished by the WVDOT at the option of the District Engineer, or their designee; however, when Contract Items 102 through 105 are requested by the WVDOT District Engineer or their designee for a project, traffic shall be maintained by the Vendor in accordance with Standard Specs Section 636, as amended. Contract Items 102 through 105 shall only be used for projects on this contract.

3.2.28 Mobilization for Paving Limits: Vendor shall use ATT B to provide pricing for all Mobilization Contract Items.

Mobilization Pricing Pages - ATT B Contract Items:

· Contract Item 21 is for Shoulder Stone Mobilization.

· Contract Item 33 is for DAYTIME Paving Mobilization.

· Contract Item 34 is for NIGHTTIME Paving Mobilization.

· Contract Item 63 is for Pavement Profiling/Milling Mobilization.

· Contract Item 99 is for Milled Rumble Strips Mobilization.

· Contract Item 110 is for RPM Installation Mobilization.

· Contract Item 112 is for RPM Removal Mobilization.

· Contract Item 118 is for VRAM Mobilization.

Only one mobilization for paving per day of operation will be paid, unless moves of over five (5) miles between individual paving locations are required. In cases where a Vendor is required to move from one roadway to the adjacent roadway of a divided highway, additional mobilization for paving will only be paid if the nearest interchange or crossing point that will accommodate the Vendor’s equipment is over five (5) miles from the paving locations.

3.2.28.1 Daytime Paving Mobilization, Contract Item 33: A mobilization for paving charge which may be paid when the ADO quantity, per paving location, is less than 500 tons of Asphalt and nighttime paving is not requested.

3.2.28.2 Nighttime Paving Mobilization, Contract Item 34: A mobilization for paving charge which may be paid when the ADO dictates paving to be done at night.

NOTE: This provision may require roundtrip moves of up to ten (10) miles with no additional mobilization for paving payment. An individual paving location shall be defined as a paving job where no skips exceeding 2,500 feet are involved, except between the approach slabs of a bridge or parallel pair of bridges.

3.2.29 Off-Season Plant Opening, Contract Items 106 and 107: If a Vendor is required to open their plant in the off-season to service the needs of the WVDOT, an additional payment will be made. The Vendor will be paid an additional day charge for each additional consecutive day that the plant is open after the first day to service the needs of the WVDOT. If the plant produces no material for any use on any calendar day, either during the week or on the weekend, the WVDOT will pay the first day rate for off‑season plant opening on the next day of the WVDOT usage. Payment for this item is subject to the following conditions:

3.2.29.1 Payment for this item can only be authorized and made during the winter months, i.e., between December 15th and March 15th, and then only if the plant would not have otherwise been open. These dates may be revised by the WVDOT District Engineer or their designee, if necessary, to meet specific needs in the field. Any such revision of dates will be in writing and shall be attached to the Vendor’s invoice at the time payment is requested.

3.2.29.2 Payment will always be made at the full contract awarded bid price for the first day of plant opening; however, the amount paid from each additional day of plant opening will be reduced as follows:

3.2.29.3 Payment for additional day charge will not be made if the plant has produced over 500 tons on that day. If between 300 and 500 tons have been produced, payment for additional day charge will be made equal to one-half of the contract awarded bid price for the additional day charge. The quantity produced to make this determination shall include all material produced that day, which includes tonnage bought by the WVDOT, other local governments and all private work.

3.2.29.4 The WVDOT will only pay its share of the amount determined to be due for additional day charge as described above. For example, if the plant produces 375 tons and the WVDOT takes 150 tons of the total, 40% of the plant’s daily production, payment for additional day charge would be calculated as follows: Since the total daily production is between 300 and 500 tons, the Vendor is due 50% of the additional day charge. Because the WVDOT’s share of this daily production is 40%, the WVDOT would pay 40% of one-half of the additional day charge, or in this case, 20% of the additional day charges.

3.2.29.5 A certified statement shall accompany the invoice stating the total quantity produced on the additional day. If payment does not qualify due to tonnage produced, the next consecutive day of plant operation, if any, will qualify for payment at the additional day rate rather than the first day rate for plant opening.

3.2.30 Emergency Work: Emergency work as ordered by WVDOT District Engineer, or their designee is work that shall be initiated within forty-eight (48) hours from when the ADO is received by the vendor. The determination of emergency work will be in accordance with Section 2.6 of these contract specifications. Emergency shall be prominently noted on the ADO and will be paid at 1.50 times the Vendor’s bid price.

4. PRICE ADJUSTMENTS:

The bidding index for asphalt cement and fuel will be listed on the Contract Administration website for Fuel, Asphalt and Cement Prices Adjustments listed for September 2026. Contract Base Price at time of bid will be based on September 2026. Reference: https://transportation.wv.gov/fuel-asphalt-and-cement-prices.

If the adjusted price of any Contract Item is less than $0.00, WVDOT will limit the adjustment to $0.00.

4.1 Price Adjustment of Asphalt Cement (Binder): Due to the uncertainty in estimating the cost of petroleum products that will be used during the life of this contract, adjustment in compensation for Asphalt Section Contract Items 1 through 17, Asphalt HTPO Contract Item 82, and Ultra-Thin Asphalt Overlay Contract Item 85 is provided for in the Standard Specs 109.10, as amended.

The Price Adjustment for Asphalt Cement formula to be utilized for this contract is:

Pa= (Ip - Ib) x AC / 100 x Q

Where: Pa = Price Adjustment Ip = Price index at the time of placement Ib = Price index for Bidding AC = Asphalt Content as per Figure 4.1 Q = ‘As Constructed’ Quantity

FIGURE 4.1

4.2 Price Adjustment of Fuel Oil No. 2 (Diesel Fuel): Due to the uncertainty in estimating the cost of diesel fuel that will be used during the life of this contract, adjustment in compensation for applicable items shall be per Standard Specs 109.9, as amended, with the exception that factor “C” in the Price Adjustment for Fuel formula is to be broken down by component, as shown in Figure 4.2.

The Price Adjustment for Fuel formula to be utilized for this contract is:

Pa = [(Mbp ÷ Cbp) – 1.00] x Cbp x C x Q

Where: Pa = Price adjustment Mbp = Monthly base price at time of placement Cbp = Contract base price at time of bidding C = Cost adjustment factors per unit, as per Figure 4.2.

Q = ‘As Constructed’ Quantity

FIGURE 4.2.

1 -17, 80, and 83

5. ACCEPTANCE PLAN: Quality control at the plant and in-the-field shall be the responsibility of the Vendor and shall meet the requirements of MP 401.03.50. Compaction quality control shall be in accordance with Section 401 of the Standard Specifications, as amended. Acceptance testing shall be the responsibility of the WVDOT. Quality assurance of the material shall be as set forth in MP 401.02.27 for Marshall Mix designs or MP 401.02.29 for Superpave mix designs. Referenced MP’s, as amended, may be referenced at https://transportation.wv.gov/mp-400s.

6. CONTRACT AWARD:

6.1 Contract Award: This Contract is intended to provide Agencies with a purchase price on all Contract Items. All qualified responsible Vendors shall be awarded a contract for those Contract Items bid which meet all mandatory requirements of this Contract. Bidding Vendor must provide both material and laydown services within the same bid; bids received for material only or laydown services only will be disqualified. The WVDOT will not coordinate materials and laydown services with separate Vendors.

6.1.1 Determining Low Bid Per Project: To determine the low bid Vendor for individual repair paving projects, the WVDOT District Engineer or their designee will calculate the lowest overall total cost of the Contract Items required for individual projects. A written ADO will be issued to the Vendor with the lowest overall total cost. Charges for hauling will be calculated according to Section 3.2.4 of these contract specifications.

WVDOT reserves the right to request any one or combination of items for which bids are awarded at the lowest overall total as set forth in this section.

6.2 Pricing Pages, Attachment A (“ATT A”) and Attachment B (ATT B): Vendor shall clearly identify the applicable counties on ATT A by marking an “X” beside applicable county/counties for which the bid prices apply. Vendor shall clearly identify their bid, by county, on ATT B by providing a lump sum price beside the applicable county/counties for each mobilization Contract Item they are bidding on, as listed in Section 3.2.28 of these Contract Specifications. The Pricing Pages spreadsheets list Contract Items with no guarantee that any Contract Item will be purchased throughout the life of this contract. Estimated quantities are not available.

NOTE: Bids that do not include ATT A, ATT B, ATT C, and ATT D WILL BE DISQUALIFIED.

6.2.1 Bid evaluations will be based on the bid prices submitted on ATT A and ATT B. Vendor entries of bid prices or other notations made in wvOASIS commodity line descriptions will not be considered for bid evaluation or award.

6.2.2 Vendor should type or electronically enter the information into the Pricing Pages spreadsheet to prevent errors in the evaluation. Vendor should not place formulas or any type of Excel calculations into the List Price column, only the actual bid price per Contract Item. In most cases, the Pricing Pages are available in wvOASIS within the solicitation attachments; however, Vendors may request an electronic copy of the Pricing Page spreadsheets for bid purposes by sending an email request to the following address: DOTProcurement@wv.gov.

6.2.3 Changing a column or row description, Contract Item description, or unit of measure on ATT A or ATT B may result in disqualification of the Contract Item bid on the altered line. In circumstances when all Contract Items must be bid for bid evaluation and contract award, the disqualification of any Contract Item will result in the disqualification of the entire bid.

6.2.4 Submitting Pricing Pages other than those provided with this solicitation, as described in Section 6.2, may result in disqualification of the Vendor’s bid in its entirety.

6.3 Plant Information Forms, Attachment C (“ATT C”) and Attachment D (“ATT D”): There are two (2) Plant Information Forms that must be submitted with corresponded Pricing Pages at the time of bid: Attachment C Asphalt Plant Information Form (ATT C) identifies the Asphalt Plant and Attachment D Stone Plant Information Form (ATT D) identifies the Stone Plant for shoulder stone placement.

All Plant Information Forms shall be completed by Vendors and shall identify WVDOT Approved Plants, as amended, supplying materials associated with bid items on the Pricing Pages. Plant Information Forms shall include:

· Name of Vendor submitting the Plant Information Form as part of bid.

· The plant name.

· Physical street address, city, and state.

· Latitude and longitude coordinates.

· Counties the listed plant will supply materials to.

If the Vendor fails to provide the Asphalt (ATT C) or Stone (ATT D) Plant Information Form, identifying all plants from which asphalt or stone will be pulled from, their bid will be disqualified.

6.4 Contract Award Transition: Upon the award of this contract, WVDOT will announce the effective start date. Any order issued under the previous contract will remain in effect and shall not be cancelled without mutual written agreement between the issuing agency and the Vendor.

7. ORDERING AND PAYMENT:

7.1 Ordering: Vendor shall accept orders through regular mail, facsimile, email, or any other written forms of communication. Vendor shall maintain and keep current its phone numbers, fax number, email address, locations, and ordering/billing/payment addresses with the WVDOT and in wvOASIS. Vendor may, but is not required to, accept online orders through a secure internet ordering portal/website. If Vendor has the ability to accept online orders, it should include in its response a brief description of how Agencies may utilize the online ordering system. Vendor shall ensure that its online ordering system is properly secured prior to processing Agency orders online.

7.2 Agency Delivery Order: District personnel must issue an ADO from wvOASIS for specific quantities of materials based on each project’s requirements and detailing the need and location information of work to be completed per Contract Items, as well as the start and end dates, which will become the agreed upon official start and end dates. The ADO must be created in wvOASIS and approved to “Final", prior to placing the order with the Vendor. The District is responsible for creating the ADO in OASIS and is required to submit the approved order, in writing, directly to the vendor via mail, email or fax. Verbal communication with the Vendor is not considered an official order. In the event the Vendor denies an order or if there are changes to an ADO, the District must process a change order to the approved ADO issued from wvOASIS.

Emergencies shall be prominently noted on the ADO. Once complete, the ADO shall be sent to Vendor via fax, email, or mail.

7.2.1 Lead Time: The WVDOT should plan accordingly to allow the Vendor a minimum of 14 calendar days prior to the date of the agreed upon start date on the ADO to allow Vendor to mobilize and begin work.

7.3 Payment: Upon completion of the work indicated on the Delivery Order, Vendor shall accept payment in accordance with the payment procedures of the State of West Virginia. The State of West Virginia currently utilizes a Purchasing Card program, administered under contract by a banking institution, as well as Electronic Funds Transfer as methods to process payment for goods and services. The Vendor shall accept the State of West Virginia’s Purchasing Card and Electronic Funds Transfer for payment of orders under this Contract. Electronic Funds Transfer for payment is available through the WV State Auditor’s Office. The Vendor may visit the WV State Auditor’s website (www.wvsao.gov) for all necessary forms and instructions. Payment method may be dictated at WVDOT’s discretion.

8. PROJECT ACCEPTANCE, DELIVERY AND RETURN:

8.1 Project Acceptance and Written Verification of Receipt: Upon receipt of an ADO, the Vendor shall advise the WVDOT in writing within five (5) calendar days of their acceptance or refusal of the ADO. As verification of receipt, Vendor must provide written acknowledgement of any Delivery Orders and any Revisions/Modifications thereto sent by WVDOT. Failure to provide the WVDOT with written acknowledgement of any Delivery Orders/Revisions within five days of the Order being sent shall be considered refusal of the Delivery Order. Upon Vendor’s acceptance, WVDOT should submit an ADO in wvOASIS and provide the Vendor with the ADO number for their reference.

In the event of refusal, the WVDOT at its own discretion shall cancel the ADO and may seek to obtain the requested goods or services from another low bid Vendor or proceed with an Emergency Purchase from the open market. A Vendor refusing an ADO forfeits their interest in the ADO. For example, a Vendor cannot decline work offered as lowest bid at Plant A with the expectation that the same work will be reoffered to them at Plant B at a higher bid price, even if Plant B is the next low bid. While it is at the discretion of the Vendor to choose which plant to pull material from, the lowest bid price must still be honored.

8.2 Negotiation of Dates: The WVDOT shall have the option to negotiate the project’s tentative start and end dates with the Vendor. Project work shall be continuous to completion unless otherwise approved in writing by the WVDOT District Engineer or their designee.

8.3 Delivery Time: The Vendor shall mobilize, commence, and complete work delivery in accordance with the WVDOT’s written Delivery Order, per project. Any changes must be communicated by the Vendor in writing to the WVDOT District Engineer or their designee. The Vendor shall work in an efficient manner in effort to keep traffic delay to a minimum and traffic must be adequately and safely accommodated. Vendor shall ship/provide all orders in accordance with the dates assigned to each project per the Delivery Order and shall not hold orders until a minimum delivery quantity is met. No Vendor is authorized to ship project related goods or begin work/services, nor is the WVDOT authorized to receive materials, prior to the issuance of a Delivery Order.

8.4 Late Delivery: The Agency placing the order under this Contract must be notified in writing if orders will be delayed for any reason. Any delay in delivery that could cause harm to an Agency will be grounds for cancellation of the delayed order, and/or obtaining the items ordered from a third party. An Agency placing an ADO under this Contract must be notified in writing by the Vendor no later than five (5) business days prior to the scheduled start date from the Agency’s order. Any failure to notify, acknowledge receipt of WVDOT’s written ADO/revisions, resulting in delivery delay or failure to start or complete the project per the WVDOT scheduled due dates, may be determined by the WVDOT at its sole discretion as harmful to the Agency and as such, shall result in WVDOT’s cancellation of the ADO and application of Liquidated Damages.

Any Agency seeking to obtain items from a third party under this provision must first obtain approval of the WVDOT Procurement Division.

8.4.1 Liquidated Damages: If the Vendor’s work completion or corrections of deficient work exceeds the ADO completion due date or timeframe, the Vendor shall agree that no extension of contract time will be granted unless Liquidated Damages are applied by Vendor as an itemized invoice credit for the corresponding ADO. The WVDOT shall calculate Liquidated Damages per project beginning on day one (1) after the WVDOT’s specified ADO due date and in accordance with this Section, the Contract’s Terms and Conditions, Standard Specs Section 108.7, and the following Standard Specs Section Table 108.7.1 - Schedule of Liquidated Damages, as amended:

TABLE 108.7.1

Schedule of Liquidated Damages

$25,000,000

$4,200

8.5 Adverse Weather Conditions: Unsuitable/adverse/inclement weather conditions may dictate the work schedule. It is preferred that operations be suspended immediately when an inclement weather event begins or if the WVDOT District Engineer or their designee determines that an inclement weather event is imminent. If working conditions are dangerous or unsuitable for the WVDOT, Vendor, or general public, work shall be suspended by the WVDOT Engineer or their designee. If needed, revision to the project’s start and end date may be negotiated by the Vendor and the WVDOT Engineer or their designee. After a weather-related suspension of work, the WVDOT District Engineer or their designee shall determine and convey in writing, such ADO changes and when work shall commence/resume, followed by the Vendor’s written acknowledgement, per Section 8.1 of this Contract Solicitation.

8.6 Delivery Payment/Risk of Loss: Standard order delivery shall be F.O.B. Vendor’s plant location. Asphalt Haul by Vendor, Contract Items 25 and 26, shall be requested on the ADO. Vendor shall include the cost/discount of standard order delivery charges in its bid pricing and is not permitted to charge the Agency separately for such delivery.

8.7 Project Acceptance Criteria: The WVDOT District Engineer or their designee shall have final acceptance of the work done by the Vendor, per project. Any work found by the WVDOT District Engineer or their designee not performed in accordance with these Contract Specifications and the Standard Specs, as amended, and/or found deficient and unacceptable by visual inspection will be rejected and, at the Vendor/Contractor’s expense, will be removed and replaced by the Vendor with work being continual until the Vendor’s deficient work corrections are completed and deemed acceptable and approved by the WVDOT District Engineer or their designee. Under no circumstance shall the Vendor’s deficiency corrections exceed twenty calendar days unless otherwise declared in writing by the WVDOT District Engineer or their designee, subject to Liquidated Damages as per Section 8.4.1 of these Contract Specifications.

8.8 Rejection of Unacceptable Contract Items: The decision of the WVDOT District Engineer or their designee regarding materials, workmanship, quality etc., shall be final per Standard Specs Section 105, as amended.

9. VENDOR DEFAULT:

9.1 The following shall be considered a vendor default under this Contract.

9.1.1 Failure to provide Contract Items in accordance with the requirements contained herein.

9.1.2 Failure to comply with other specifications and requirements contained herein.

9.1.3 Failure to comply with any laws, rules, and ordinances applicable to the Contract Services provided under this Contract.

9.1.4 Failure to remedy deficient performance upon request.

9.2 The following remedies shall be available to Agency upon default.

9.2.1 Immediate cancellation of the Contract.

9.2.2 Immediate cancellation of one or more release orders issued under this Contract.

9.2.3 Any other remedies available in law or equity.

10. MISCELLANEOUS:

10.1 No Substitutions: Vendor shall supply only Contract Items submitted in response to the Solicitation unless a Contract modification is approved in accordance with the provisions contained in this Contract.

10.2…