801L-25 Liquid Asphalt

Section 1:        IntentThe purpose of this Invitation to Bid is to establish a term contract for Liquid Asphalt, F.O.B. destination, plant pick-up, and material in place with qualified State of Ohio MBE-certified bidders. Materials must be provided from ODOT-Certified Producers. There is no guarantee of quantities of Liquid Asphalt to be purchased through this contract. Districts (and Political Subdivisions, when approved) will issue purchase orders as needs for materials arise.Section 1a:       Minority Business Enterprise (MBE) Set-Aside This Invitation to Bid (ITB) is reserved exclusively for bidders certified by the State of Ohio as a Minority Business Enterprise (MBE). Only MBE’s certified by the State of Ohio Equal Opportunity Coordinator in accordance with Section 123.151 (B)(2) of the Ohio Revised Code will be considered for award of this bidding opportunity.  Section 2:        Multiple Award Contract            This is a multiple award contract. ODOT will accept all responsive bids submitted on or before the specified bid opening date and make an award to all responsible bidders pursuant to O.R.C. 5513.02.                        Section 3:        Contract DurationThis contract shall be effective from the Date of Award through March 31, 2025. Unit bid pricing submitted shall be effective for the entire duration of the contract. Section 4:        Delivery Delivery of placed order shall be completed within two (2) calendar days upon written or verbal notification of a valid State of Ohio purchase order.            4.1:       Delivery HoursAll deliveries shall be made between the hours of 8:00 a.m. and 3:30 p.m., Monday through Friday, unless special permission is granted by the Department to temporarily waive or adjust this requirement.            4.2        Safety Data SheetsMaterial Safety Data Sheets (MSDS) must be included with each delivery of product.  Section 5:        Construction and Materials Specifications HandbookSpecifications as shown herein are incorporated into the ITB and made a part thereof and are found in the Ohio Department of Transportation Construction and Materials Specifications (C & MS) 2023 edition and the current version of supplemental specification 800, which is in force at time of award. To access the 2023 Materials Specifications Handbook can be found at:https://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/2023-Online-Spec-Book.aspx                          To obtain a copy of the 2023 C & MS specifications, contact:                        Ohio Department of Transportation                        Office of Contracts, Purchasing Services                        1980 W. Broad Street, 1st floor                        Columbus, Ohio 43223                        Telephone +1 (555) 000-0000 or +1 (555) 000-0000                                               To access Supplemental specification 800, click the link below:http://www.dot.state.oh.us/Divisions/ConstructionMgt/OnlineDocs/Pages/ProposalNotesSupplementalSpecificationsandSupplements.aspxSelect 2023 Active Proposal Notes, Spec Book, Supplemental Specifications, and Supplements.Select Supplemental Specs and scroll to 800.Section 6:        Material Specifications for Alternates Bidders must specify the product name of any alternate materials being bid where noted in the Excel pricing page. Bidders should also include product literature in its submitted bid for any alternate products. The Department may, in its sole discretion, choose to reject any alternate product submitted. Section 7:        Specifications:                         In checking outage data, the coefficient of expansion shall be considered as set forth under Section 109.01, (Acceptance, Measurements and Payments) of the 2023 Construction and Materials Specification Handbook.For CERTIFIED Materials specified on the Department’s “Certified List of Materials (1032)” Excel Pricing pages:                                                 Bidders must provide materials through this contract produced by the following ODOT-certified liquid asphalt suppliers/producers (link below):  
http://www.dot.state.oh.us/Divisions/ConstructionMgt/Materials/Asphalt%20Information/1032.pdfFor ALTERNATE Materials being submitted on the Department’s “Alternate Materials” Excel pricing pages:  Bidders must provide the following information with the bid Technical Data Sheet of the Alternate Material Safety Data Sheet of the Alternate Material This does not exclude vendor from meeting Section 4.2 requirement.
Description of the products intended use.
Note that there is a comment field on the pricing sheet for Alternate Products Bid.  Provide brief note about specific product if clarification is necessary.
Section 8:        Unit Bid Pricing:8.1:       F.O.B. Delivered Place of Destination Unit Bid Pricing             (See Excel Pricing Page, Tab labeled: “F.O.B Delivered Bid Pricing” )            Vendors are required to place bituminous material in state storage facilities or distributors when delivered by transport to the specified delivery location.              Bidders should insert their lowest F.O.B. delivered Unit Bid Price per Gallon for material delivered to any location within the counties listed herein.  Purchase orders, or individual orders placed against a purchase order, when issued will detail specific destinations.                                    Free time allocated for unloading transport at delivery destination is:      2    Hrs.Demurrage:  If bidders do provide an hourly rate for transport deliveries held over the 2 hours allocated for unloading transport deliveries, you will not be able to invoice ODOT for additional time that may be needed for unloading and it will be construed that no demurrage will be charged to the Department.In the event of an equipment failure, accident, weather, or other unforeseen event, the vendor may be asked to return material to the plant.  ODOT will be reimbursed for the cost of the material, price per gallon, for the gallons of material returned.  The vendor will be compensated at the per gallon rate bid for the return of the material.  Space has been provided on the Excel pricing page for bidders to provide a cost per gallon for unused material sent back to the plant.Late Delivery/Arrivals:  For delivery made to an ODOT project, if a predetermined schedule for tanker/transport arrivals has been established, the ODOT may apply a demurrage charge to each truck that exceeds the established time by more than 30 minutes.   A demurrage charge of up to $200 for each 30-minute increment past the established arrival time may be assessed.8.2        Plant Location Pick-Up by State Forces Unit Bid Pricing             (See Excel Pricing Page, Tab labeled: “Plant Pickup Bid Pricing”)            Bidders should submit their lowest Unit Bid Price Per Gallon for materials bid picked up at the plant location by State forces.  Bidders should select plant location where provided on Excel pricing page.            8.3:       F.O.B. Destination- Material-In-Place                         (See Excel Pricing Page, Tab labeled: “Materials In-Place Pricing”)Bidders should submit their lowest delivered Unit Bid Price Per Gallon, In-Place for materials bid. Unit Bid Pricing submitted shall be inclusive of labor and equipment to apply material to any location within the counties listed herein.  Purchase orders, or orders placed against a Purchase Order number, when issued will detail specific project location(s). Bidders must provide the product name(s) to be installed where provided on the Excel pricing page.                        ODOT will provide traffic control and work area protection for the operation and will have the authority to make decisions involving safety of the public.
            ODOT will direct the time and place of the use of the vendor’s equipment.  The vendor’s operators and other employees will be under the direction and supervision of ODOT.
            The vendor shall not park equipment on the right-of-way without approval of the project supervisor. All staging areas in the right-of-way will be approved by the project supervisor.
            Sampling and testing will be performed by District forces using proper procedures as given by the District Engineer in charge of Sampling and Testing.
Section 9:        Load Limit Determinations and Liquidated Damages for Load Limit Violations              9.1      Any vehicle being used to haul materials under this contract shall be loaded so as not to exceed the maximum weight limitations contained in Ohio Revised Code (O.R.C.) Section 5577.04 and Specification 105.12 of 2023 C&MS manual.                             9.2     Any vehicle determined to be overloaded shall result in the assessment of liquidated damages to the vendor. For the purpose of assessing liquidated damages under this contract, the following schedule of maximum gross vehicle weights will be used to determine the extent of "overload" to which damages will apply.  This schedule will apply in all cases except where paragraphs (C) or (D) below apply;                        Vehicle Type                                        Gross Vehicle Weight                        A)         Single Unit Trucks                                            1)         2-axle, with 1 rear axle                           32,000 lbs            2)         3-axle, with 2 rear axles                          47,000 lbs            3)         4-axle, with 3 rear axles                          60,000 lbs                        B)         Tractor-trailer combinations                    80,000 lbsC)         In the event that any vehicle can legally exceed the above maximums, then the liquidated damage clause will not be invoked, if and only if, a written determination of the maximum legal gross vehicle weight under O.R.C. 5577.04 for that vehicle has been issued by the ODOT Special Hauling Permit Section and is presented upon demand.            D)         In the event that the gross vehicle weight of any vehicle exceeds the maximum legal gross vehicle weight under O.R.C. 5577.04 for that vehicle, then the liquidated damage clause will not be invoked, if and only if, a Special Hauling Permit stating the permitted gross vehicle weight for that vehicle has been issued by the ODOT Hauling Permit Section and is presented upon demand.             9.3     Schedule of Liquidated Damage for Vehicle Overloads                                    Overload (lbs)                       Liquidated Damages                                    0           - 2,000                       $80.00                        2,001    - 5,000                       $100.00 plus $1.00 per 100 lbs. of overload                                    5,001    - 10,000                     $130.00 plus $2.00 per 100 lbs. of overload                                    10,001+                                  $160.00 plus $3.00 per 100 lbs. of overload               9.4     Drivers of all vehicles being used to haul materials on this invitation shall be informed by the vendor that liquidated damages shall be charged for overloads.               9.5     These provisions are strictly for the convenience of administering this regulation and shall not be construed to replace or waive any provision of the Ohio Revised Code pertaining to vehicle weight limitation.             Section 10:       Prevailing Wages         This contract is subject to Ohio Prevailing Wage Laws, Chapter 4115 of the Ohio Revised Code and the vender shall comply with all provisions contained therein. By signing this bid, the bidder guarantees that the prevailing wage scale to be paid to all labor employed on this contract shall be in accordance with the published schedule of the prevailing hourly wage and fringe benefits ascertained and determined by Ohio Bureau of Employment Services for the county in which the work is being performed.  The current prevailing wage schedule can be found at the following web site and is incorporated herein.Prevailing Wage Threshold Levels Linkhttps://www.com.ohio.gov/documents/dico_prevailingwagethresholds.pdfPrevailing Wage Information about Ohio’s prevailing wage laws. https://ohio.gov/wps/portal/gov/site/jobs/resources/prevailing-wage  The vendor shall compensate the employees on this contract at a pay rate not less than the hourly wage and fringe rate listed in the above link.  Job classifications or labor rates may be modified by the Ohio Bureau of Employment Services when new prevailing rates are established.  Overtime shall be paid at one and one-half times the basic hourly rate and the hourly fringe rate for any hours worked beyond forty hours during a pay week.  The vendor shall pay all compensation by company check to the worker and fringe benefit program.  The vendor shall post or make available to the employees on the contract the prevailing wages applicable to this invitation or may be later modified.  On the first pay date of contract work the vendor shall furnish each employee covered by prevailing wage a completed form whpw1512 in accordance with section 4115.05 Ohio Revised Code, showing the classification, hourly pay rate, fringes, and identifying the District Prevailing Wage Coordinator (DPWC), if such employees are not covered by a collective bargaining agreement or understanding between employers and bona fide organizations of labor.  These forms shall be signed by the vendor and employee and kept in the vendor’s payroll files. The vendor shall submit to the DPWC or other designated Department representative, certified payrolls in accordance with sections 4115.07 and  4115.071 (C) of the Ohio Revised Code, three weeks after the start of work and every subsequent week until the completion of the contract.  Upon completion of the contract and before the final payment, the vendor shall submit to the DPWC a final wage affidavit in accordance with section 4115.07 of the Ohio Revised Code stating that wages have been paid in conformance with the minimum rates set forth in the contract.Payrolls records shall be maintained by the Contractor for two years after the completion of the contract and these records shall be open to inspection by the Ohio Department of Transportation and the Ohio Bureau of Employment Services, Wage and Hour Division. Truck drivers who are employed to deliver materials to the project site are exempt from prevailing wage except when the work performed is on the “site of work”.  Site of Work includes the following:  The physical place or places where the building or work called for in the contract will remain after the work is completed.
 
Job headquarters, tool yards, batch plants, borrow pits, etc., provided they:
1.         Are located adjacent or virtually adjacent (within a one mile radius) to the site of the work described above.                                                **AND**            2.         Are dedicated exclusively, or nearly so, to performance of the contract or project; 80% of the materials taken from the site must be used for the project.Truck drivers who are Owner-operators are also exempt from prevailing wage. Owner-operators must have a purchase or bona fide lease agreement contract and demonstrate financial commitment, such as purchasing vehicle insurance, gasoline, etc.   An Owner-operator includes a lessee of equipment, but there must exist a bona fide lease with evidence of independent contractor status.  A lease calling for a share of revenues while being used, or short term in duration (3-5 years), will not qualify for Owner-operator status.