Each Proposal Must Contain the Full Name of the Party Or Parties Interested Therein

INSTRUCTIONSGENERALREQUIREMENTS

Sealed proposals addressed to the CUE CONTRACT ADMINISTRATOR will be received by The University of Akron, Department of Purchasing, 100 Lincoln Street, Akron, Ohio, until 12:00, Local Time, August 4, 2009, at which time they will be publicly opened and read in the Department of Purchasing Conference Room.

Each proposal must contain the full name of the party or parties interested therein.

All bids must be submitted on the CUE bid form. Bid envelopes must be sealed and plainly marked "CUE Salt Bid".

It is the bidder's responsibility to see that his bid proposal reaches the Contract Administrator at the scheduled location within the time frame listed. No late bid proposals will be accepted.

General Terms & Conditions

The General Terms & Conditions that apply to CUE bids (Section1) are available at the following internet address:

If you are unable to access the internet a paper copy will be supplied upon request by contacting the CUE Contract Administrator, Andy Roth (330-972-7340).

Required Affidavits

Affidavits required with bid submission are available at: http:www3.uakron.edu/purchasing/cue

Membership

See list at

Independent Contractor Relationship

The vendor is and shall perform these services as an independent contractor, and as such, shall have and maintain complete control over all of its employees, agents, and operations. Neither the vendor nor anyone employed by it shall be, represent, act, purport to act or be deemed to be the agent, representative, employee or servant of CUE or any of its members.

The vendor selected on this Request For Proposal will be working as an independent contractor and will be required to take out and keep in force all permits, licenses, or insurance that may be required by the City of Akron, the State of Ohio, or the federal government. Failure to comply with any of these items would be grounds for immediate cancellation of the contract.

Original Specifications

CUE may provide an electronic version of the specifications/RFP as a convenience to interested companies. Electronic copies are made from a master, print copy of an original document (Original) resident in the CUE Contract Administrator’s office. Availability and distribution of electronic copies is conditioned on bidder's acknowledging the fact that the Original shall be the controlling document in the event of any inconsistencies, irregularities, changes or alterations that may occur as a result of electronic transmission, copying or other form or electronic editing. Any prospective bidder using any electronic copy of this RFP accepts the obligation and duty to compare the electronic copy with the Original and verify accuracy and consistency of the documents. In the event of any inconsistency or variation in any terms, phrases or clauses whatsoever, bidders using electronic copies understand that the Original shall prevail and be the controlling document used to govern and resolve any such inconsistency or variation. Each vendor is required to submit with their proposal an "ORIGINAL SPECIFICATIONS" affidavit.

AWARD

All awards will be made to the lowest and/or best responsible bidder(s). The determination of the lowest responsive and responsible bidder(s) may involve all or some of the following factors: price, conformity to the specifications, financial condition, previous performance and references, prior experience with vendor, delivery promise, payment terms, other costs, and other objective and accountable factors which are reasonable.

All items bid shall be awarded based upon what is determined to be in the best interest of the CUE membership as a whole.

CUE, through its duly authorized constituted officials, reserves the right to hold all bids for a period not to exceed sixty (60) days before acceptance.

The following specifications are subject to all provisions of the Ohio and Federal Laws relating to discrimination and Equal Employment Opportunity.

SUPPLYPERIOD

Prices bid shall be firm from October 1, 2009 to September 30, 2010, for all items contained within this Bid. CUE reserves the right to renew this contract, or parts thereof if awarded separately, one year at a time, if mutually agreed upon by the relevant parties.

PURCHASEORDERS/INVOICES

Purchase orders will be initiated by individual CUE members. All such purchase orders will be marked "CUE BID". Each member shall be involved separately so it can make its own payments. All invoices must show the number of units delivered, quoted price per unit, and the extended total.

It is also the responsibility of the vendor to collect any payments due from individual CUE members. The CUE Association, its directors, officers and employees will not be responsible or liable for any debts including all claims, demands, actions, losses, damages, expenses (including, without limitation, interest, penalties, and reasonable attorneys fees), or judgments pursuant to any action against the CUE Association, its directors, officers, employees or members. Federal and State taxes are not to be included in any pricing, as permitted by law.

DELIVERIES

All salt deliveries are to be made immediately, not to exceed 24 hours after verbal notification. All items shall be delivered F.O.B. destination, freight prepaid and allowed, to the locations of the CUE Association members with delivery costs and charges (if any) being included in the bid price.

In response to the volatile nature of fuel and delivery costs associated with Road Salt (Item A), CUE will allow for a monthly adjustment to the delivery cost only. Any such adjustment shall be determined in direct relationship to the Energy Information Administration Weekly Retail On-Highway Diesel Prices available at:

The first published release data of each month will be used to determine the adjustment. The adjusted price will be used until the first of the following month at which time the price will be reset. This will continue each month for the balance of the contract. The following spread sheet will be used to calculate the monthly adjustment:

CUE 2009/2010 Road Salt Monthly Delivery Adjustment Table
Revised 7/1/09
Month / Date of Posted Price / Price / Base Price / Adjustment per
ton of salt
Base / 6/29/2009 / 2.578 / 2.578 / -
Bid opening / 08/04/2009 / - / 2.578 / -
Oct. 2009 / 9/28/2009 / 2.578
Nov. 2009 / 10/26/2009 / 2.578
Dec. 2009 / 11/30/2009 / 2.578
Jan. 2010 / 12/28/2009 / 2.578
Feb. 2010 / 1/25/2010 / 2.578
March, 2010 / 2/22/2010 / 2.578
April, 2010 / 3/29/2010 / 2.578
May, 2010 / 4/26/2010 / 2.578
June, 2010 / 5/31/2010 / 2.578
July, 2010 / 6/28/2010 / 2.578
Aug. 2010 / 7/26/2010 / 2.578
Sept. 2010 / 8/30/2010 / 2.578
File: CUE delivery adjustment table.xls
All billing will be based on the following formula:
The monthly deicing fuel surcharge for each calendar month shall be the last
published "Midwest" Weekly Retail On-Highway Diesel price," "Average All
Types" from the previous month minus the posted price from 6/29/09 which is 2.578.
The difference can be a deduction or an additional fee to the price
per ton bid. The adjustment shall be in effect for the calendar month.
The prices can be found at Select
"Average All Types." Click on "Prices for last 53 weeks" located on the
right hand side of the screen under "Reference."

Items included for delivery are:

ITEM A: / Rock Salt

QUANTITIES,MOREORLESS

Bulk road salt quantities are historical usage as provided by the current or previous contract company. Other quantities quoted are an estimate only. CUE does not obligate themselves or the CUE Cooperative & Purchasing Association to purchase any specific amount during the term of this agreement. The undersigned bidder hereby waives any and all claims for loss of profits or damages, caused by the Bidder's expectation of selling any quoted amount to the CUE members. Likewise, CUE members' requirements may exceed the quantities shown and the bidder shall be obligated to fulfill all requirements from purchase orders which mailing dates fall within the terms of the contact.

The road rock salt usage is estimated at 200,000 tons for this winter season. The actual usage for the 2006/2007 winter was 144,000 tons and the 2007/2008 winter was 170,000 tons. The 2008/2009 winter used 176,000tons. The 200,000 tons is an estimate and CUE reserves the right to increase or decrease by 20%.

ITEMSPECIFICATIONS

1. Rock Salt (Sodium Chloride) for use on streets to be purchased by the ton. Salt to be furnished under this item shall meet A.S.T.M. D 632 Type 1 Specifications with the following exception: Chemical Composition 3. Total chlorides (NaCL, CA CL2 and Ng Cl2 as Na Cl based on dry weight) not less than 97 percent (97%).

Section A:Sodium Chloride Type “A” Crushed Rock Salt Specifications:

The crushed rock salt used in the preparation of the final product shall meet the following requirements.

A.1CHEMICAL COMPOSITION

Shall not be less than 95% Sodium Chloride. Percent of Sodium Chloride shall be determined in accordance with current ASTM-D-632.

A.2SIZE GRADING

The salt, when tested using sieves as described in ASTM-C-136 (*) shall conform to the following requirements for particle size distribution:

Sieve SizePercent Passing (**)

½” – (12.5 MM)100

3/8” – (9.5MM)95 – 100

No. 4 – (4.75 MM)20 – 90

No. 8 – (2.36 MM)10 – 60

No. 30 – (600 Microns)0 – 15

* -A drying temperature of 110 o C  5o C should be used.

** -Tolerance of 5 percentage points on the maximum value of the range for each sieve except ½” (12.5 mm) and 3/8” (9.5 mm) sizes, on which no tolerance will be allowed.

A.3MOISTURE CONTENT

Moisture content upon delivery shall not exceed 2% when determined as follows:

% Moisture = Loss of Weight X 100

Weight of Sample

Weight of sample after drying to a constant weight at 110 o C  5o C

A.4SAMPLING

Sampling shall be done in accordance with current ASTM-D632.

DISCOUNTS

Discounts for prompt payment offered may be taken into consideration during the bid evaluation process. Terms of payment offered will be reflected in the space provided on the bid proposal form. All terms of payment (cash discounts) will be computed from the date of receipt of invoice or receipt of material, whichever is later. Payment discounts of less than 10 days will not be considered.

DELIVERYTICKETS

Suppliers’ delivery tickets shall be furnished showing the amount and type of material being delivered. Vendors may be requested to provide proof of delivery on specific occasions and should, therefore, see that all receiving tickets are signed by a responsible person at the designated delivery point.

INSPECTION

For on-site inspection of any CUE members’ facilities, contact any of the following:

City of Akron, Paul Barnett, Public Works Bureau

SummitCounty, Alan Brubaker, CountyEngineer

ASSIGNMENTOFCONTRACTUALRIGHTS

The successful vendor on any CUE contract may not assign, transfer, convey or otherwise dispose of the contract or its right, title, or interest in or to the same, or any part thereof, without the previous written consent of the CUE Purchasing Association.

PENALTYCLAUSE

After the CUE contract is awarded, vendors are NOT permitted to solicit purchasing units to offer another price. Bidders pursuing this practice may not be offered the opportunity to bid on future CUE salt purchases.

PROOFOFABILITYTOFURNISHPRODUCTBID

Each bidder is to submit prices with a performance bond as follows:

1. All firms submitting bids must furnish written proof that they are capable of supplying the required estimated quantities.
2. All firms submitting bids for Item A, Rock Salt, must be able to furnish a performance bond to the City of Akron in an amount not less than 35,000 tons dumped. The performance bond will not be due prior to the auction, but will be due in advance of award.
3. CUE reserves the right to request and check references from previous contracts.

MATERIALDATASHEETSHAZARDOUSANDTOXICSUBSTANCE

In December of 1984, the City of Akron approved Ordinance 7711984, commonly referred to as the "RighttoKnow". Under this law, material data sheets that described chemicals in detail are required.

The successful bidder(s) may be required to provide CUE members with material safety data sheets for any and all chemical substances or other materials which fall within the

Coverage of the RighttoKnow ordinances or that contain a chemical that is on the "Master List of Toxic and Hazardous Substances".

PROPOSAL

The undersigned proposes to furnish material to be purchased by CUE members in accordance with the specifications which are hereby made a part of the proposal and the bidder hereby acknowledges that he has read and understands them.

______

COMPANY NAME

______

AUTHORIZED SIGNATURE

______

ADDRESS

______

TELEPHONE NUMBER

PROPOSAL "Item A"Rock Salt, Grade CC for use on highways. F.O.B. to delivery address specified by each CUE member.

Item / Historical or Estimated Quantity
A. / Prices WITH performance bond: / 200,000 Tons More or Less
Road Salt
Each bidder is encouraged to bid both options below. Option 1 is to provide the full 200,000 tons to all CUE members. Option 2 is to break the CUE membership into four groups of approximately 50,000 tons each. If Option 2 is selected, awards could be split between bidders. Any bidder that bids Option 1 is required to provide pricing on all regions in Option 2 or their bid may be considered non-responsive. If only Option 2 is bid, the bidder may bid any or all regions. Below is the breakdown of membership by region.
Region A
Auburn Road Dept.
AuroraCity of
BostonHeightsVillage
BostonTownship
Crestwood Schools
Hudson, City of
MantuaVillage
NorthfieldCenterTownship
Northfield, Village of
RemindervilleVillage
SagamoreHillsTownship
Streetsboro, City of
Twinsburg, City of
TwinsburgTownship / Region B
Cuyahoga Falls, City of
BathTownship
CoventryTownship
Highland Local Schools
Kent, City of
Munroe Falls, City of
RevereSchool
RichfieldTownship
RichfieldVillage
SilverLakeVillage
Stow, City of
Tallmadge, City of
Tallmadge City Schools
Estimated Tonnage – 49,000 Tons / Estimated Tonnage – 46,000 Tons
Region C
Akron, City of
Akron Metro Housing Authority
Fairlawn, City of
CopleyTownship
LafayetteTownship
Norton, City of / Region D
AkronCitySchool
University of Akron
Barberton, City of
Canton City Schools
Green, City of
LakemoreVillage
Louisville, City of
Mogadore, City of
New Franklin, City of
Rittman Local Schools
Rittman, City of
SevilleVillage
Springfield Local Schools
SpringfieldTownship
SummitCounty
SummitCountyBoard Mental
Wadsworth, City of
Westfield, Township of
Estimated Tonnage – 53,000 Tons / Estimated Tonnage – 50,000 Tons
Option 1. All 200,000 Tons (Note: If bidding Option 1, you must provide pricing under all regions in Option 2.)
$ / $
Unit Price Per Ton delivered / $ / $
Dumped / Piled / Pick-Up / Convey
Is there a minimum order requirement?
Yes / No
If yes, what is the minimum order?
Explain consequences if not meeting the minimum order level:
Option 2. Bid By Region
$ / $
Region A. Unit Price Per Ton delivered / $ / $
Dumped / Piled / Pick-Up / Convey
Region B. Unit Price Per Ton delivered / $ / $ / $ / $
Dumped / Piled / Pick-Up / Convey
Region C. Unit Price Per Ton delivered / $ / $ / $ / $
Dumped / Piled / Pick-Up / Convey
Region D. Unit Price Per Ton delivered / $ / $ / $ / $
Dumped / Piled / Pick-Up / Convey
Is there a minimum order requirement?
Yes / No
If yes, what is the minimum order?
Explain consequences if not meeting the minimum order level:
The CUE Salt Steering Committee will determine to which members’ salt is shipped if allocation becomes necessary.
The minimum total amount you will be required to ship to CUE per day if open orders exist is 4,500 tons. Shipping amounts will not change whether or not you are awarded the total bid, one, two or the regions.
Will you comply? ______Yes______No
Under severe weather driving conditions _____ tons shall be delivered within 12-24 hrs. to CUE members' sites. Severe weather conditions and the designated CUE Members' sites shall be determined by the CUE Salt Steering Committee.

DELIVERY SCHEDULE:

After contract has been fully executed, delivery can be made in ______days.

LOCATION OF BIDDERS STOCKPILES AND PLANTS:

______

Is plant open 24 hours per day, seven days per week?Yes_____ No _____

If No, state time when open:______

We agree to share a contract award with another vendor (dual source or primary/secondary).

YES ___ NO ___

If no, please explain:

______

______

Return this sheet with your bid response:

Company Name
Address
City / State / Zip
Phone / Fax
Delivery / ARO
Federal Tax ID #
Payment Terms / Date
Signature of Company Official
Type or Print Name and Title
Primary Contact
Alternate Contact

Supplier must have one individual with one alternate assigned specifically for personal contact for the CUE member account. These individuals must be able to address the needs of the member institutions.

This sheet must be completed and submitted with your response.

PERFORMANCEBOND[PH1]

KNOW ALL MEN BY THESE PRESENTS:

That we ______a corporation of ______, as principal, and ______, as surety, are held and firmly bound unto the City of Akron, in the penal sum of $______for the payment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, firmly by these presents:

Signed and dated this ______day of ______, 20__.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT:

Whereas, the said principal has entered into a contract with the City of Akron, Ohio dated ______for______which contract is hereto attached, referred to and made a part hereof.

NOW, THEREFORE, the said principal shall well, truly and faithfully perform and carry out all obligations upon it resting by the terms of said contract and the specifications and instructions to said principal and the terms of said proposal all made a part of said contract by its said terms, and pay to City of Akron, Ohio all sums due or that may become due by the terms of said contract, specifications, instructions and proposals, as well as by any violation thereof by said principal, and if it shall save and hold said City of Akron, Ohio harmless from any and all damaged, loss and expense occasioned by any failure whatsoever, of said principal to fully comply with and carry out each and every requirement on its part as fixed by said contract, specifications, instructions and proposal, then this obligation shall be void, otherwise to be and remain in full force and effect.

And it is further expressly agreed and understood by all parties hereto that no changes or alterations in said contract, specifications, instructions and proposal, and no deviations from the plan or mode of procedure therein fixed, shall have the effect or releasing the sureties or any of them, from the obligation of this bond.

IN WITNESS HEREOF, the said ______has caused this bond to be signed by its ______and its corporate seal to be affixed, all by order of its board of directors.

And the said ______has caused this bond to be signed by its ______and its corporate seal to be affixed, all by order of its board of directors.