State of Nevada Brian Sandoval
Department of Administration Governor
Purchasing Division
515 E. Musser St., Room 300 Jeffrey Haag
Carson City, NV 89701 Administrator
THE NEVADA STATE PURCHASING DIVISION IS SOLICITING BIDS FOR
A ONE (1) YEAR OPEN TERM CONTRACT FOR LIQUEFIED ASPHALT EMULSIONS
INVITATION TO BID NO. 8533
F.O.B. Nevada Department of Transportation, Statewide as Requested
Release Date: February 27, 2017
Vendor Questions Due: March 6, 2017
Deadline for Submission and Opening Date and Time: March 28, 2017 @ 2:00 PM PT
Requisition No. OTC
For additional information or to obtain a copy of this Invitation to Bid, please contact:
Nancy Feser, Purchasing Officer
(775) 684-0175
(TTY for the Hearing Impaired: 1-800-326-6868 and ask the relay agent to dial (775) 684-0175)
See page 42, for instructions on submitting bids.
Company Name: ______
Contact Name: ______Title:______
Address: ______
City: ______State: ______Zip: ______
Telephone (_____) ______Fax (_____) ______
E-Mail Address: ______
While there are no set asides in the State of Nevada or preferences for Minority Business Enterprise, Women Business Enterprise and Small Business, we encourage those vendors to compete for state business at every opportunity and we make every effort to contact these businesses when opportunities arise, therefore if it is your judgment that your business fits within these categories, please check appropriate boxes.
Minority Owned Women Owned Small Business
Page 1 of 49
Revised 05/2012
TABLE OF CONTENTS
1. PROJECT OVERVIEW 3
2. ACRONYMS/DEFINITIONS 3
3. ITEM SPECIFICATIONS 4
4. PAYMENT 40
5. BID SUBMITTAL INSTRUCTIONS 41
6. BID SOLICITATION, EVALUATION AND AWARD PROCESS 43
7. TERMS AND CONDITIONS FOR PURCHASE OF GOODS 44
ATTACHMENT A 51
In accordance with NRS 333.350(1), a contract may be awarded for separate items, portions or groups of items in the best interest of the State, as required.
Prospective vendors are advisedto review Nevada’s ethical standards requirements, including but not limited to, NRS 281A which can be found on the Purchasing Division’s website (http://purchasing.nv.gov).
1. PROJECT OVERVIEW
The purpose of this solicitation is to obtain competitive pricing for various liquefied asphalt emulsions to be delivered F.O.B. destination to all districts and zones identified in this bid. This contract will be valid for a one (1) year period beginning on date of award thru February 28, 2017. All per ton pricing to include applicable freight charges. This contract is primarily for use by the Nevada Department of Transportation, however, orders may be placed by the Nevada State Purchasing Division or other State agencies, Cities, Counties or political subdivisions should the need arise.
2. ACRONYMS/DEFINITIONS
For the purposes of this Invitation to Bid, the following acronyms/definitions will be used:
Awarded Vendor/ The organization or individual that is awarded and has an approved contract or purchase
Contractor order with the State of Nevada for the goods identified in this Invitation to Bid.
Bidder/Vendor Organization or individual submitting a bid in response to this Invitation to Bid.
FOB Destination Free on Board to the destination. Requires the seller to, at its own expense and risk, transport the goods to the destination and there tender delivery of them in the manner provided in NRS 104.2503. See NRS 104.2319(1)(b); UCC 2-319(1).
Goods As defined in NRS 104.2105, and as specifically identified in this Invitation to Bid.
ITB Invitation to Bid. A written statement which sets forth the requirements and specifications of a contract to be awarded by competitive selection. See NRS 333.020(4).
Lowest Responsible Person or firm (company/organization) that conforms in all material respects to the
Bidder/Vendor specifications within the invitation to bid and offers the lowest cost after all factors have been considered. See NRS 333.340
MSRP Manufacturer’s Suggested Retail Price
NAC Nevada Administrative Code
NOA Notice of Award
NRS Nevada Revised Statutes
Proprietary Any trade secret or confidential business information that is contained in a bid Information submitted on a particular contract. See NRS 333.020(5)(a); NRS 333.333.
Public Record All books and public records of a governmental entity, the contents of which are not otherwise declared by law to be confidential must be open to inspection by any person and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. See NRS 333.333; NRS 600A.030(5).
Purchase Order Buyer-generated document that authorizes a purchase transaction. It sets forth the descriptions, quantities, prices, discounts, payment terms, date of performance or shipment, other associated terms and conditions, and identifies a specific seller. When accepted by the seller, it becomes a contract binding on both parties; also called order.
Subcontractor Third party, not directly employed by the vendor, who will provide goods and/or services identified in this ITB. This does not include third parties who provide support or incidental services to the vendor.
Shall/Must/Will Indicates a mandatory requirement. Failure to meet a mandatory requirement may result in the rejection of a bid as non-responsive.
Should/May Indicates something that is recommended but not mandatory. If the vendor fails to provide recommended information, the State may, at its sole option, either ask the vendor to provide the information or evaluate the bid without the information.
State The State of Nevada and any agency identified herein.
Trade Secret Information including, without limitation, a formula, pattern, compilation, program, device, method, technique, product, system, process, design, prototype, procedure, computer programming instruction or code that derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by the public or any other person who can obtain commercial or economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy. See NRS 600A.030(5).
UCC Uniform Commercial Code
3. ITEM SPECIFICATIONS
PRICES BID SHALL BE THE PRICE PER TON, WITHOUT ANTI-STRIPPING ADDITIVE, F.O.B. DELIVERED TO ZONES AS INDICATED ON PAGE 15 AS WELL AS PICKED UP AT BIDDER'S PLANT AS INDICATED ON PAGES 16 and 17. FOR BIDDER'S INFORMATION, AN ASPHALT ZONE MAP IS AVAILABLE UPON REQUEST BY CONTACTING GREG MINDRUM, NDOT MAINTENANCE, (775) 888-7865.
THIS BID WILL BE PUBLICLY OPENED AT 2:00 P.M PACIFIC TIME, March 28, 2017 IN SUITE 300, 515 EAST MUSSER STREET, CARSON CITY, NEVADA.
PRICE SHEET INFORMATION: BIDDER'S ARE TO INDICATE PRICE PER TON IN EVERY SQUARE FOR WHICH A BID IS BEING SUBMITTED. NO LINES, ARROWS, DITTO MARKS, ETC. WILL BE ACCEPTED.
BIDDERS ARE ENCOURAGED TO PROVIDE PRICING FOR EACH TYPE OF MATERIAL IN EACH ZONE TO WHICH THEY ARE INTERESTED IN SUPPLYING MATERIAL EVEN IF NO ESTIMATE OF QUANTITIES IS SHOWN. ALTHOUGH CURRENT PLANS INDICATE NO USAGE IN THESE AREAS DURING THIS CONTRACT PERIOD, WORK PLANS ARE FLEXIBLE AND THE NEED FOR MATERIAL IN THESE AREAS MAY ARISE.
FAXED BIDS WILL NOT BE ACCEPTABLE.
SPECIAL NOTE: The original bid, clearly marked ORIGINAL and five (5) sets of completed price sheets (pages 16 thru 18 as applicable) clearly marked COPY must be submitted with bid for distribution to bidders in attendance at bid opening. Copies MUST include the first page from vendor’s original/master copy. This exchange of price sheets will be in lieu of a public reading of bids received. Failure to submit copies as required will be considered cause for disqualification of bid.
ASPHALTIC ROAD MATERIALS: Shall be of grades and types conforming to the specifications attached and to Section 703 of the State of Nevada, Department of Transportation "Standard Specifications for Road and Bridge Construction", 2014 edition, and any revisions as attached hereto.
Tonnage specified hereinafter is an ESTIMATED usage only; therefore, the State of Nevada, Division of Purchasing, SHALL NOT be obligated in any way whatsoever implied or otherwise to a definite quantity during the entire period of the contract. The State of Nevada reserves the right to increase or decrease the estimated amounts as necessary.
DISTRIBUTOR TRUCKS: Shall be so designed, equipped, maintained and operated that bituminous material at even heat may be applied uniformly on variable widths of surface up to 15-feet at determined and controlled rates, with uniform pressure, and with an allowable transverse variation from any specified rate not to exceed ten percent or 0.02 gallons per square yard, whichever is less. The distributor truck shall be computerized and include a tachometer, pressure gauges, accurate volume measuring system or calibrated tank, and a thermometer for measuring temperatures of the tank contents. Distributors shall be equipped with a power unit for the pump, and full circulation spray bars adjustable laterally and vertically.
If requested by the Maintenance Supervisor, awarded vendors may be required to provide two (2) distributors for projects requiring more than 100 tons of material. The State of Nevada reserves the right to obtain Liquid Asphalt materials from the next lowest bidder willing to supply materials, upon notification from the current lowest bidder that they are unable to comply with said request.
If requested by the Maintenance Supervisor, each distributor truck may be tested to determine and verify the rate and uniformity of the transverse spread.
DISCOUNTS: Unit prices per ton will include any and all discounts allowed. NO FURTHER DISCOUNTS WILL BE CONSIDERED. Prices quoted shall be on a minimum load of 24 tons.
DEMERITS: It is agreed by the parties to the contract that (a) in case the bituminous material does not conform to the requirements set forth in Section 703 of the Nevada Department of Transportation Standard Specifications, and modifications thereto contained in these special provisions, damage will be sustained by the State of Nevada, and that (b) it is extremely difficult to ascertain the actual damage which the State will sustain; therefore, it is agreed that the contractor will pay to the State as liquidated damages or the State, as its option, may deduct from any money due or to become due to the contractor from the State, an amount as set forth in the demerits portion at the end of each specification section contained within the NDOT Standard Specifications for Road and Bridge Construction, 2014 Edition.
SECTION 109-MEASUREMENT AND PAYMENT
109.09 Compensation Adjustment for Liquid Asphalt Price Fluctuations. This Subsection of the Standard Specifications is hereby included as follows:
The Liquid Asphalt Escalation Clause, as described below, will be enacted by the Department when the "Maintenance Division Asphalt Price Index" (MDAPI) registers an increase or decrease of more than 10% from the benchmarked index price.
The "Maintenance Division Asphalt Price Index" (MDAPI) for Northern and Southern Nevada are established by the Department's Maintenance and Asset Management Division utilizing an average of the current asphalt cement price range furnished by Poten & Partners, Inc. for the State of Nevada. The MDAPI divides the month into 2 approximate halves using the format "(month) – A" and "(month) – B" defined as follows:
"(month) - A": The average of any weekly price reports with a week beginning on the 1st day of the month and ending prior to the 16th day of the month.
"(month) – B": The average of any weekly price reports with a week ending date on or after the 16th day of the month and prior to the 1st day of the following month.
If weekly price information ceases to be available from Poten & Partners, Inc., the Department will select and begin using a substitute price source or index to establish the MDAPI at the Department's discretion. Any substitute price source or index information will be made available to bidders if such substitution takes place.
The North area includes Zone 2 Reno / Carson City sub-district, Zone 3 Elko sub-district, Zone 4 Ely sub-district, and Zone 6 Winnemucca sub-district.
The South area includes Zone 1 Las Vegas sub-district, and Zone 5 Tonopah sub-district.
A project spanning Northern and Southern counties will use the reference price of the region in which the majority of the work will take place.
Liquid Asphalt Escalation Clause
The use of the compensation adjustment provisions developed and implemented herein are intended to minimize the cost effects of price uncertainty to the Vendors and the Department, for Liquid Asphalts used in District work projects as contracted by the respective Districts. The compensation adjustment provisions are not intended to compensate the Vendors for what would be considered normal day to day fluctuations or seasonal changes. The compensation adjustment provisions are not intended to serve as a guarantee for full compensation for liquid asphalt price fluctuations but are intended to provide for a sharing, by the Department, in a portion of the Vendor's risk which could result from unusual price fluctuations. The compensation adjustment provisions do not serve to relieve the Vendor of risks associated with fluctuation in prices beyond the amount adjusted by the provisions.
The Liquid Asphalt Escalation Clause, as activated, will apply to all Vendors having previously bid upon the current contract for Liquefied Asphalt Emulsions as noted in the current Invitation to Bid (ITB) solicited through the Nevada State Purchasing Division, from the period of bid opening until the end of the affected contract.
The quantity of asphalt cement used in escalation calculations for liquid asphalt emulsions is based upon the minimum percent residue (MR) specified in Section 703 of the Nevada Department of Transportation's Standard Specifications along with any standard dilution factors for the particular type of emulsion bid and supplied by the Vendor. At the Vendor's option, the Vendor may provide actual test results for asphaltic cement residue for the emulsion supplied. Test results provided by the Vendor shall be for the batch supplied and from an independent testing laboratory as referenced elsewhere in this contract.
Each Vendor's bid price within the ITB and subsequent contract compensation shall be adjusted upward or downward based upon MDAPI. The adjustment will be determined for both northern and southern Nevada by the Department in conformance with the following:
Benchmark Price (BMP) - will be set on the day of the Bid Opening, as conducted by the Nevada State Purchasing Division for the Liquid Asphalt Contract of which this is a part. The Benchmark Price (BMP) shall be the MDAPI price either (month) "A" or (month) "B" for the time period encompassing the Bid Opening date. Calculations determining percent increase or decrease shall be referenced to this Benchmark Price (BMP).