Specifications.pdf

REQUEST FOR QUOTATION

Solar Salt

Form Revised 10/27/2014 1 CMA 6627C012

SPECIFICATIONS

1. PURPOSE AND SCOPE: The West Virginia Purchasing Division is soliciting bids on behalf of the West Virginia Department of Transportation to establish an open-end multiple vendor award contract for the F.O.B delivery and pick up of Solar Salt for the production of brine for usage by the Department of Transportation for snow removal and ice control throughout the state of West Virginia including materials and delivery by the Vendor.

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” and “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 “ASTM International” and “ASTM” – Interchangeable terms used for the international standards organization that develops and publishes voluntary consensus technical standards for a wide range of materials, products, systems, and services, formerly known as the American Society for Testing and Materials.

Reference: www.astm.org

2.3 “Contract Item(s)” - The list of items available for Vendor to provide pricing as identified in Section 3.2 of this Solicitation and referenced throughout.

2.4 “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.

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

2.6 “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.

2.7 “Liquidated Damages” - Monetary compensation due from the Vendor in the event the Vendor’s performance falls short of contractual stipulation or breaches http://www.astm.org/

Form Revised 10/27/2014 2 CMA 6627C012 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 6.3.1 of these

Specifications.

2.8 “Pricing Pages,” “Attachment A,” and “ATT A” - The schedule of prices attached hereto as Attachment A (ATT A) and used to evaluate Solicitation responses.

2.9 “Solar Salt” – A coarse sodium chloride salt that is crystalized by solar evaporation. The crystalized salt is washed to remove surface impurities and drained of excess moisture. Bulk Solar Salt is intended for general industrial brining, water treatment applications, and deicing of highways and thoroughfares.

2.10 “Solicitation” - The official notice of an opportunity to supply the State with goods or services.

2.11 “Standard Specs” - Used throughout this solicitation means 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.

2.12 “WVDOT,” or “Agency” - Interchangeable terms for 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.

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

https://transportation.wv.gov/specifications-standards-and-publications. Hard copies of these publications may be purchased by completing the Specification

Order Form provided within the website.

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.

3.2.1 Solar Salt: Shall contain no anticaking or free flowing additives or conditioners. Solar Salt shall not be less than 95% sodium chloride.

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

Form Revised 10/27/2014 3 CMA 6627C012

Percentage of sodium chloride shall be determined in accordance

ASTM D632, Type 1, Grade 1, for the testing of chemical composition only.

3.2.1.1 Insoluble Material: Solar Salt shall have a maximum

insoluble residue of 1.0% (percent by dry weight).

3.2.1.2 Size Grading: Solar Salt, shall conform to the following size for particle size distribution:

SIEVE SIZE PERCENT PASSING

1” 100%

3/4” 90%-100%

5/8” 85%-95%

1/2" 70%-80%

1/4" 20%-30%

#8 5%-15%

#12 0%-5%

NOTE: Solar Salt size grading requirements for this contract differ from ASTM D632 size grading requirements.

3.2.1.3 Vendor’s Verified Testing Data: Vendor must provide its source of supply to the WVDOT, along with verified testing data from an independent source demonstrating the supplier’s quality and size grading meets these requirements of Section 3.2.1, prior to contract award.

3.2.1.4 Safety Data Sheet (SDS): Vendor must provide their SDS prior to contract award.

3.2.1.5 Product Data Sheet (PDS): Vendor must provide their PDS prior to contract award.

3.2.2 Sampling and Testing: The WVDOT may conduct sampling and testing upon receiving the product throughout the term of this contract to verify material quality, chemical analysis and/or

Form Revised 10/27/2014 4 CMA 6627C012 gradation. If testing shows that the Contract Item does not meet quality, chemical analysis, and/or gradation requirements as set forth in Section 3.2.1, the product will be deemed unacceptable and will be removed and returned at Vendor’s expense, per Section 6.5.

If requested, the Vendor shall provide requested certification, testing information and/or samples of Contract Items to:

WVDOH Materials Control, Soils and Testing Division

190 Dry Branch Drive

Charleston, WV 25306

Phone: 304-558-3175

Attn: Environmental & Coatings Section

3.2.3 Moisture Content: All material shall be covered in transit.

Moisture content shall not exceed 2.0% by weight for stockpile delivery. Laboratory testing for moisture may be administered in accordance with ASTM E534 at the time of delivery. Upon visual inspection by the Agency/WVDOT District Engineer or designee, any supplied sodium chloride that does not appear to meet ASTM

E534 (such as material being saturated/free flowing with water) will be sampled and tested by the WVDOT. Three samples, one each from the top, middle and bottom of the load, will be sampled by

Agency personnel, witnessed, and signed off on by the delivery driver. The supplier will be notified of sampling within 48 hours and will be notified of test results within seven (7) calendar days of test completion.

3.2.4 Unacceptable Material: Upon visual inspection at the time of delivery, if the Contract Item is deemed unsatisfactory or not in compliance with the requirements set forth in Section 3.2.1 of these

Specifications, the WVDOT District Engineer or their designee reserves the right to reject the delivery.

3.2.4.1 Delivered Solar Salt containing unusable caked chunks, foreign material (i.e., dark colored contaminants, charcoal, cinders, or other debris) will be rejected immediately and removed by the Vendor at no cost to the Agency.

3.2.5 Emergency Requests: Emergency requests, as ordered by a WVDOT

District Engineer or their designee, is work that shall be initiated within forty-eight (48) hours from when the order is received by the Vendor. The determination of emergency work will be in accordance with Section 2.5 of this Solicitation and prominently noted on an ADO. Designated emergency requests will be paid at 1.50 times the Vendors bid price.

Form Revised 10/27/2014 5 CMA 6627C012

4. CONTRACT AWARD:

4.1 Contract Award: The Contract is intended to provide Agencies with a purchase price per ton for Solar Salt. This is a multiple vendor award contract. For Pick

Up, all qualified responsible Vendors shall be awarded a contract for Solar Salt bid which meet all mandatory requirements of this Contract. The WVDOT will factor in the proximity of the pick up location to the WVDOT location of need and will factor in all haul and fuel related expenses when determining the lowest bid vendor for pick up. For Delivery a contract shall be awarded to the lowest bidding vendor for each district.

4.2 Pricing Pages, Attachment A (“ATT A”): Vendor must complete the Pricing

Pages by providing a bid price for each Contract Item listed. Vendor must factor into their bid prices all equipment, materials, delivery, and labor required to provide

Contract Items. Vendors may bid on any or all Districts. Vendor must complete the Pricing Pages for each Contract Item bid in their entirety as failure to do so may result in Vendor’s bids being disqualified. All bids or pricing submitted shall be held and honored by the Vendor for 90 days after the bid opening date.

Vendor must submit the Pricing Page, Attachment A (ATT A) with their bid response or they will be disqualified.

4.2.1 Vendor shall provide a price per ton for the delivery of Solar Salt, F.O.B., to each District on ATT A. Vendor may bid any or all districts.

4.2.2 Vendor may provide pricing per ton for WVDOT pick-up and include it’s the pick up location physical address address on the “Pick Up by Agency” section of the pricing page. Vendor must include the loading of material into Agency vehicles in its bid pricing.

4.2.3 The Pricing Pages contain a list of Contract Items and estimated purchase volumes. The estimated purchase volume for each item represents the approximate volume of anticipated purchases only. No future use of the

Contract or any individual item is guaranteed or implied.

4.2.4 Vendor should type or electronically enter the information into the Pricing

Pages spreadsheet to prevent errors in the evaluation. In most cases, the

Pricing Pages are available in wvOASIS within the solicitation attachments, however, Vendors may request an electronic copy of the Pricing Pages spreadsheet for bid purposes by sending an email request to the following address: John.W.Estep@wv.gov

4.2.5 Changing a column or row description, Contract Item description, unit of measure, or estimated quantities on the Pricing Pages, Attachment A mailto:John.W.Estep@wv.gov

Form Revised 10/27/2014 6 CMA 6627C012

(ATT A), may result in the disqualification of 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.

Submitting Pricing Pages other than those provided with this solicitation, as described in Section 4.2, may result in the disqualification of Vendor’s bid in its entirety.

Vendor entries of bid prices or other notations made in wvOASIS commodity line descriptions will not be considered for bid evaluation or award.

4.3 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.

4.4 Cooperative Contracting: The purchase prices on all Contract Items herein, available for the WVDOT, shall be adoptable for other public agencies upon their request. Agencies under the authority of the West Virginia Purchasing Division must receive prior approval by the Purchasing Director.

5. ORDERING, INVOICING AND PAYMENT:

5.1 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 WVDOT and in wvOASIS. Vendor may, but is not required to, accept online orders through a secure internet ordering portal/website.

If Vendor can accept online orders, it shall 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.

5.2 Agency Delivery Order (“ADO”): 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 wvOASIS and is required to submit the approved order, in writing, directly to the Vendor via mail, email or fax. Verbal

Form Revised 10/27/2014 7 CMA 6627C012 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.

5.3 Invoicing: Invoices submitted to WVDOT For payment should contain the following information:

Vendor’s name and payment remit-to address, as they appear in Vendor’s wvOASIS account.

The corresponding order’s ADO number.

The ordering Agency’s delivery site

The Contract Item description, unit price, quantity, and extended total.

The date(s) Contract Items were delivered.

5.4 Payment: Upon completion of the work indicated on the ADO, 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 (wvsao.gov) for all necessary forms and instructions.

Payment method may be dictated at WVDOT’s discretion.

6. PROJECT ACCEPTANCE, DELIVERY AND RETURN:

6.1 Project Acceptance and Written Verification of Receipt: Upon receipt of a

WVDOT 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 ADOs and any

Revisions/Modifications thereto sent by WVDOT. Failure to provide the

WVDOT with written acknowledgement of any ADOs/Revisions within five (5) days of the Order being sent shall be considered refusal of the ADO. In the event of refusal, the WVDOT at its own discretion shall cancel the ADO and may seek to obtain the goods or services from the next low bid Vendor or proceed with an emergency purchase from the open market.

6.2 Delivery Time: Vendor shall deliver standard orders within 10 business days of the ADO acceptance, unless a later delivery date is specified on the ADO, as per

Section 5.2. Vendor shall deliver emergency orders within 48 hours after orders wvsao.gov

Form Revised 10/27/2014 8 CMA 6627C012 are received. Vendor shall ship all orders in accordance with the above schedule 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 ADO.

6.2.1 Successive Deliveries: The WVDOT may submit an ADO to Vendor for multiple, successive deliveries of Solar Salt over a series of dates, as designated on the ADO. The Agency shall prominently note “Extended

Delivery Order” on associated ADOs and monitor order fulfillment.

6.2.1.1 Vendor shall communicate with the ordering Agency and confirm in writing any issues or potential disruptions in extended delivery order shipments.

6.2.1.2 The ordering Agency shall guarantee acceptance of the total extended delivery order amount, in accordance with the delivery dates designated on the accepted ADO.

6.2.1.3 Vendor shall guarantee fulfillment of the total extended delivery order amount to its completion and within delivery dates designated on the ADO.

6.3 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 another awarded Vendor or proceeding with an Emergency Purchase from the open market.

The Agency placing the ADO under this Contract must be notified in writing by the Vendor no later than five (5) business days prior to the scheduled delivery date noted on the Agency’s order. Any failure to notify, acknowledge receipt of

WVDOT’s written ADOs/ Revisions resulting in delivery delay 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 the open market under this provision must first obtain approval of the West Virginia Purchasing Division.

6.3.1 Liquidated Damages: If the Vendor’s delivery completion or correction of deficient deliveries exceed the ADO completion due date or agreed upon timeframe, the Vendor shall agree that no extension of contract time will be granted unless liquidated damages are assessed. The WVDOT may

Form Revised 10/27/2014 9 CMA 6627C012 calculate liquidated damages in the amount of $75.00 per day, per ADO, beginning 15 calendar days after the WVDOH’s latest specified ADO deliver by date.

6.3.1.1 Liquidated damages shall be applied by Vendor as an itemized invoice credit for the corresponding ADO.

6.3.2 Force Majeure: It shall be further noted that the Vendor is not responsible for and shall not be penalized for delays in its delivery of goods and/or services when caused by factors or events outside Vendor’s control, including but not limited to acts or omissions of the Agency or third parties, acts of civil or military authority, civil disturbance, war, terrorism, pandemics, explosions, fire, floods, tornadoes, or other natural disasters or acts of God.

6.4 Delivery Payment/Risk of Loss: Standard order delivery shall be F.O.B.

destination to the Agency’s location. 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. The Agency will pay delivery charges on all emergency orders provided that Vendor invoices those delivery costs as a separate charge with the original freight bill attached to the invoice.

Deliveries made by the Vendor shall be comprised only of Contract Items intended for delivery at that location and specified in the pricing pages, contract specifications or ADO. At no time shall property belonging to the West Virginia

Department of Transportation be utilized as a lay-down or storage facility by the

Vendor, or items left with the intention of being distributed to an alternate location.

6.5 Return of Unacceptable Items: The decision of the WVDOT District Engineer or their designee regarding materials, workmanship, quality etc., shall be final per the Standard Specs Section 105.1, as amended. If the Agency deems the Contract

Items to be unacceptable, the Contract Items shall be returned to Vendor at

Vendor’s expense and with no restocking charge. Vendor shall either arrange for the return within five (5) days of being notified that items are unacceptable or permit the Agency to arrange for the return and reimburse Agency for delivery expenses. If the original packaging cannot be utilized for the return, Vendor will supply the Agency with appropriate return packaging upon request. All returns of unacceptable items shall be F.O.B. the Agency’s location. The returned product shall either be replaced, or the Agency shall receive a full credit or refund for the purchase price, at the Agency’s discretion.

Form Revised 10/27/2014 10 CMA 6627C012

6.6 Return Due to Agency Error: Items ordered in error by the Agency will be returned for credit within 30 days of receipt, F.O.B. Vendor’s location. Vendor shall not charge a restocking fee if returned products are in a resalable condition.

Items shall be deemed to be in a resalable condition if they are unused and in the original packaging. Any restocking fee for items not in a resalable condition shall be the lower of the Vendor’s customary restocking fee or 5% of the total invoiced value of the returned items.

7. VENDOR DEFAULT:

7.1 The following shall be considered a Vendor default under this Contract.

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

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

7.1.3 Failure to comply with any laws, rules, and ordinances applicable to the

Contract Services provided under this Contract.

7.1.4 Failure to remedy deficient performance upon request.

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

7.2.1 Immediate cancellation of the Contract.

7.2.2 Immediate cancellation of one or more release orders issued under this

Contract.

7.2.3 Any other remedies available in law or equity.

8. MISCELLANEOUS:

8.1 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.

8.2 Vendor Supply: Vendor must carry sufficient inventory of the Contract Items being offered to fulfill its obligations under this Contract. By signing its bid, Vendor certifies that it can supply the Contract Items contained in its bid response.

Form Revised 10/27/2014 11 CMA 6627C012

8.3 Vendor Name Change: It is the Vendor’s responsibility to notify the WVDOT of name changes or acquisition by another company during the term of the contract.

The WVDOT must be notified in writing of the change/acquisition and intention for the contract’s ownership within 10 days of the change. Failure to do so may result in payment delays.

8.4 Reports: Vendor shall provide the Agency with quarterly reports, annual summaries, and/or monthly reports as requested by the Agency and/or the West

Virginia Purchasing Division showing quantities, total dollar value of the Contract

Items purchased, ordered, shipped & invoiced with dates in spreadsheet format as defined by the Agency. Failure to supply such reports may be grounds for cancellation of this Contract.

8.5 Contract Manager: During its performance of this Contract, Vendor must designate and maintain a primary contract manager responsible for overseeing

Vendor’s responsibilities under this Contract. The Contract Manager must be available during normal business hours to address any customer service or other issues related to this Contract. Vendor should list its Contract Manager and his or her contact information below.

Contract Manager:______________________

Telephone Number: ________________________

Fax Number: ______________________________

Email Address: ____________________________

Vendor shall inform the Agency in writing of any changes to the information provided above within 10 calendar days of such changes. Failure to comply may be grounds for cancellation of this contract.