Rock Salt

16 June 2022 Rock Salt Establish a Price Agreement for rock salt (sodium chloride) for the New Mexico Department of Transportation (NMDOT). This is a materials only Price Agreement. 16 June 2022 Released 6/16/2022 12:00 AM MDT Type Invitation to Bid - Agency Price Agreement Open 6/16/2022 8:00 AM MDT Number 20-80500-22-16968 Close 7/6/2022 2:00 PM MDT Currency US Dollar Sealed Until 7/6/2022 2:00 PM MDT Payment Terms 0% 0, Net 30 16 June 2022 Contacts Karen G Acosta Gonzalez karen.acosta-gonzal@state.nm.us 16 June 2022 Commodity Codes Commodity Code Description 19246 Ice and Snow Removal Chemicals (See 775-45 for Road Salt) 75054 Ice Control Aggregate (See Class 775 for Salt) 77545 Road Maintenance Salt (See Class 192 for Ice Removal Chemicals) 16 June 202216 June 202216 June 2022 NEW MEXICO GENERAL SERVICES DEPARTMENT NEW MEXICO GENERAL SERVICES DEPARTMENT mailto:

href="mailto:karen.acosta-gonzal@state.nm.us">karen.acosta-gonzal@state.nm.us The purpose of this Invitation to Bid (ITB) is to establish a Price Agreement for rock salt (sodium chloride) for the New Mexico Department of Transportation (NMDOT). This is a materials only Price Agreement. All work performed under this Price Agreement shall meet the specifications as set forth in this Invitation to Bid, and all applicable New Mexico State Department of Transportation Standard Specifications for Highway and Bridge Construction, special provisions, standard drawings and supplemental specifications(current edition). They are available on the NMDOT website, at the following link: http://dot.state.nm.us/content/nmdot/en/Standards.html and they are available for purchase at the General Office Financial Control Section (505) 469-4983. Vendors are required to ensure that the products used in conjunction with this Price Agreement have been submitted and approved through the NMDOT Product Evaluation Program prior to placement on a project. Any Questions regarding the NMDOT Product Evaluation Program shall be directed to Product Evaluation Coordinator at (505) 819-8513. Term: The term of this Price Agreement shall be for one (1) year from date of award with the option to extend for a period (s) of three (3) additional years, on a year-by-year basis, by mutual agreement of all parties and approval of the New Mexico State Purchasing Agent at the same price, terms and conditions. This price agreement shall not exceed four (4) years. Tax Note: Price shall not include State Gross Receipts or Local Option Tax. Taxes shall be added to the purchase order and invoice at current rates as a separate item to be paid by NMDOT. Bidding Information: The conditions and specifications set out in the invitation to bid are inseparable and indivisible. Any Vendor, by submitting a bid, agrees to be bound by all such conditions and/or specifications. All conditions and specifications in the invitation to bid, and all other documents required to be submitted, shall be submitted by the Vendor in their bid package. Failure to do so or any attempt to vary or change the conditions or specifications of the invitation to bid shall, at the discretion of the State of New Mexico, constitute grounds for rejection of the entire bid. The prices quoted herein represent the total compensation to be paid by the State of New Mexico for goods and/or services provided. It is understood that the vendor providing said goods and/or services to the State of New Mexico is responsible for payment of all costs of labor, equipment, tools, materials, federal taxes, permits, licenses, fees, and any other items necessary to complete the work provided. The prices quoted in this price agreement include an amount sufficient to cover such costs. When bidding, enter the amounts for the respective bid item unit prices to a maximum of three (3) decimal places. The Vendor shall be considered an independent Contractor and not an employee of the State of New Mexico. The NMDOT shall provide direction regarding the time and place of performance and compliance with rules and regulations required by this price agreement. Bid Review: NMDOT shall perform a bid analysis of all bids received for this Invitation to Bid that require the technical expertise of an engineer. This includes a determination of qualification in accordance with the technical standards and requirements of the specifications. The analysis and recommendation for award will be sent to the State Purchasing Division (SPD) for final determination and awarding. Description http://dot.state.nm.us/content/nmdot/en/Standards.html Method of Award: Method of award may be to multiple Vendors; Vendors for each district. Items shall be awarded to one or more Vendors per district, but not to exceed three (3) Vendors per group. This Price Agreement may be awarded to one (1) or more Vendors, as follows: Items 1 to 14 District One Items 15 to 38 District Two Items 39 to 43 District Three Items 44 to 62 District Four Items 63 to 104 District Five Items 105 to 124 District Six For a bid to be considered for award, Vendors must submit bids for all items in one or more District groups. Failure to do so will result in the bid being deemed irregular and rejected from consideration for award to that group. Utilization of Vendors: The following procedure for the utilization of Vendors shall be used on multiple award price agreements. 1. The selection of a Vendor from a multiple award price agreement to complete a project shall be based on the purchase order utilizing pricing contained within this price agreement. 2. The District Engineer or their designee shall evaluate the estimated quantities, unit costs, total costs per item, and total project costs for each awarded Vendor. 3. The Vendor selected to perform the work on the project shall be the Vendor providing services for the specific project estimate at the lowest overall cost to the NMDOT and able to meet all project delivery requirements including project schedule. A Vendor not offering the lowest cost to the NMDOT can be used for the specific project if the Vendor providing the lowest overall cost is unable to meet all project requirements as determined and documented by the District Engineer or their designee. Any changes to the original purchase order will require a modification form signed by the District Engineer or their designee. All supporting documentation shall be maintained in the project file. The Vendor Agrees To: A. Provide competent supervision and skilled personnel to perform all work covered by this price agreement. B. Comply with all local, state, and federal laws governing safety, health and sanitation. The Vendor shall provide all safeguards, safety devices and protective equipment, and take any other needed actions necessary to protect the safety and health of employees on-the-job, the safety of the public, and to protect property in connection with the performance of the work covered by the price agreement. C. Indemnify and hold harmless The State of New Mexico, its officers and employees, against liability, claims, damages, losses and/or expenses arising out of bodily injury to persons or damage to property caused by, or resulting from, Vendor's and/or its employees, own negligent act(s) or omission(s) while Vendor, and/or its employees, perform(s) or fails to perform its obligations and duties under the terms and conditions of this price agreement. This hold harmless and indemnification clause is subject to the immunities, provisions and limitations of the tort claims act (41-4-1, et seq., N.M.S.A. 1978 comp.) and section 56-7-1 N.M.S.A. 1978 comp. and any amendments thereto. It is specifically agreed between the parties executing this price agreement that it is not intended by any of the provisions of any part of the price agreement to create the public or any member thereof a third party beneficiary or to authorize anyone not a party to the price agreement to maintain a suit(s) for wrongful death(s), bodily and/or personal injury(ies) to person(s), damage(s) to property(ies) and/or any other claim(s) whatsoever pursuant to the provisions of this price agreement. D. Comply with state laws and rules pertaining to workers compensation insurance coverage for its employees. If the Vendor fails to comply with the Workers Compensation Act and applicable rules when required to do so, the purchase order may be cancelled effective immediately. E. Be responsible for all cleanup work on the project site and at the equipment storage areas prior to the final inspection and acceptance. Payments and Invoicing: Within fifteen (15) days after the date the NMDOT receives written notice from the Vendor that payment is requested for services, construction or items of tangible personal property delivered on site and received, the NMDOT shall issue a written certification of complete or partial acceptance or rejection of the services, construction or items of tangible personal property. If the NMDOT finds that the services, construction or items of tangible personal property are not acceptable, it shall, within thirty (30) days after the date of receipt of written notice from the Vendor that payment is requested, provide to the Vendor a letter of exception explaining the defect or objection to the services, construction or delivered tangible personal property along with details of how the Vendor may proceed to provide remedial action. Upon certification by the NMDOT that the services, construction or items of tangible personal property have been received and accepted, payment shall be tendered to the Vendor within thirty (30) days after the date of certification. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. After the thirtieth day from the date that written certification of acceptance is issued, late payment charges shall be paid on the unpaid balance due on the purchase order to the Vendor at the rate of one and a half (1) percent per month. For purchases funded by state or federal grants to local public bodies, if the public body has not received the funds from the federal or state funding agency, but has already certified that the services or items of tangible personal property have been received and accepted, payments shall be tendered to the Vendor within five (5) working days of receipt of funds from that funding agency. Final payment shall be made within thirty (30) days after the work has been approved and accepted by the New Mexico Department of Transportations Secretary of his/her duly authorized representative. The Vendor agrees to comply with state laws and rules pertaining to workers compensation insurance coverage for its employees. If Vendor fails to comply with the workers compensation act and applicable rules when required to do so the purchase order may be canceled effective immediately. Escalation Clause: In the event of a product cost increase, an escalation request will be submitted for review to the NMDOT on an individual basis. This measure is not intended to allow any increase in profit margin, but is solely intended to allow compensation for actual cost increases directly related to bid items. To facilitate prompt consideration, all requests for price increase must include all information listed below: 1. Price Agreement Item Number 2. Current Item Price 3. Proposed New Price 4. Percentage of Increase 5. Mill/Supplier Notification of price increase indicating percentage of increase including justification for increase. The NMDOT upon review of an escalation request may require additional supporting documentation prior to providing a written recommendation to the SPD. Final determination on the approval or disapproval of the escalation request will be made by SPD. All quantities are to be measured by the District Engineer or their designee and shall be considered to be final and all payments will be made on this basis. Quantities: The approximate quantities for each item are estimated and are for bidding purposes only. Actual requirements will be as determined by the District Engineer or their designee and quantities may be increased or decreased as necessary to meet actual field requirements. The State of New Mexico does not guarantee any amount of work. SPECIFICATIONS FOR ROCK SALT: General: Rock salt shall be delivered to specified destinations commencing within forty-eight (48) hours of a purchase order being placed with the vendor and completed within five (5) calendar days from when the order was placed. When a vendor does not meet this requirement, the NMDOT reserves the right to place the order with the secondary source of supply. The vendor that was issued the original purchase order will be responsible for the additional cost of the purchase in the amount in which it exceeds the original purchase order costs. Random sampling of rock salt content shall be based on representative samples obtained from loads for each patrol. Loads shall be identified by the delivery shipping number. The vendor agrees to comply with state laws and rules pertaining to workers compensation insurance coverage for its employees. If the vendor fails to comply with the Workers Compensation Act and all applicable rules when required to do so, the contract may be cancelled effective immediately. The successful vendor(s) shall contact the district(s) to acquire the names and phone numbers of the patrol foremen within each district after award of the price agreement. Invoices shall be submitted per purchase order/purchase order number. Description: Furnishing and delivering of rock salt to various NMDOT district locations throughout the State of New Mexico for use in winter maintenance operations. Materials: Rock salt shall be composed of a minimum of ninety-five percent (95%) sodium chloride (NaCl) and meet the following gradation specifications: SIEVE SIZE PERCENT PASSING __________ ___________________ 1/2 IN. 100 3/8 IN. 95-100 NO. 4 20-90 NO. 8 10-60 NO. 30 0-15 In addition, rock salt shall have a maximum moisture content of two and one-half percent (2.5%) and shall arrive at the delivery site in a free-flowing and usable condition. Acceptance: All rock salt delivered will be visually inspected at time of delivery, and acceptance of the rock salt will be based on the producer certification and visual inspection by the District Engineer or their designee at the delivery site. The vendor(s) upon being awarded the price agreement and/or the extension of the price agreement shall provide the NMDOT, State Maintenance Bureau with a certificate of compliance from the producer, stating that the rock salt to be supplied during the price agreement period meets the specified requirements. Vendors that are not producers shall obtain the necessary certification from the producing supplier. The NMDOT reserves the right to reject any shipment, and/or sample and test the rock salt for gradation, purity (percent sodium chloride) and moisture content in accordance with material specifications. Rejection: Material may be rejected for failure to be delivered within the time specified, failure to meet specifications or failure to pass a visual inspection. The visual inspection will determine if the rock salt contains the presence of lumps, foreign matter or free water. In the event the material has been dumped prior to rejection it shall be reloaded or removed by the vendor within forty- eight (48) hours of rejection notification. The vendor must arrange to pick up a rejected load with their own equipment or the NMDOT shall charge thirty dollars per hour ($30/hr.) to load rejected material into the Vendors trucks. If the rejected load is not picked up within forty- eight (48) hours of notification, damages will be assessed in the amount of ten dollars per ton ($10/ton) for each day the rock salt remains on NMDOT property. If after ten (10) days from the date of notification the rejected rock salt has not been picked up it will become the property of the NMDOT. Material that is rejected shall not be paid for, and the NMDOT shall not be liable to the vendor in any way for any damages of any nature whatsoever resulting from the rejection of the material. When materials are rejected, the vendor shall be informed of the reason for the rejection in writing as soon as practicable. The vendor agrees to indemnify the State for any and all losses incurred due to delay in shipment or rejection of material. Sampling and Testing: When supplying rock salt to the NMDOT, the vendor shall abide by the following sampling and testing requirements: 1. For each load of rock salt delivered, the vendor shall provide the District Engineer or their designee the following information; a. Rock salt source, plant name and location b. Delivery truck number c. Quantity delivered (tons) d. Delivery date e. Delivery location f. Invoice and lot number 2. The NMDOT may require random sampling and testing for any delivery (truck load or delivery site) if the District Engineer or their designee suspects the rock salt is not in compliance with the material specification requirements. 3. Three (3) samples will be collected by the District Engineer or their designee who shall be accompanied by the Vendors truck driver during the sampling process. It shall be the responsibility of the Vendor to instruct the truck drivers of this requirement. Vendor shall supply the sample bags with tag identifying the source. The tags shall contain the following information; truck number, destination, date of delivery, invoice number, and lot number if available. 4. All three (3) samples shall be tested for gradation, purity (percent sodium chloride) and moisture content within a seventy-two (72) hour time period. If two (2) or more of the three (3) samples fails to meet the requirements for any of the three (3) requirements, then a price deduction will be assessed for each specification requirement and will be cumulative for the load(s) delivered per truck or to that dump site on that date. Price reductions will be determined as specified in the deductions portion of this price agreement. The NMDOT test results shall be final and shall be the basis for determining any and all quantity and/or price deductions for the associated items. 5. The NMDOT reserves the right to inspect and test the rock salt at the plant site at any time desired. Section 105.03 COMPLIANCE WITH PLANS AND SPECFICATIONS, of the New Mexico State Department Standard Specifications for Highway and Bridge Construction (current edition). Deductions: Deductions shall be cumulative and shall determine the final tonnage and pricing of the rock salt delivered. If the chemical composition testing requires that the rock salt be paid for as an ice abrasive, then the deductions will not be cumulative and the payment amount for ice abrasive will be utilized. Moisture Content Rock salt whose moisture content exceeds two and one-half percent (2.5%) will be subject to a price reduction based on the excess moisture multiplied by the net weight which will then be deducted from the net weight of the load. Moisture content shall be measured to the nearest 0.1 percent based on oven dry weight. Deductions for moisture content will be made when two (2) or more of the three (3) sample test results fall below the required moisture content. The average of the three (3) test results will be used to determine the deduction that will be utilized. The following is an example illustrating a calculation for weight deduction: Example #1 Moisture Content: 2.5% Maximum moisture content allowed. Moisture Content for Test #1, Result = 2.7% Moisture Content for Test #2, Result = 2.5% Moisture Content for Test #3, Result = 2.9% Since two (2) of the three (3) tests fell outside the allowable moisture content, a deduction will be assessed. Calculate the average moisture content for all three (3) samples. In this case the average moisture content is 2.7% Thus, 2.7% - 2.5% = 0.2% excess moisture. This excess moisture content will be deducted from the delivered weight. Delivered Weight = 23.60 Tons; 23.60 Tons X .02% = 0.05 Tons. The corrected weight will be 23.60 Tons - 0.05 Tons = 23.55 Tons. The load will be paid for at 23.55 Tons. Chemical Composition Rock salt shall meet a minimum sodium chloride (NaCl) concentration of ninety-five (95%). Rock salt not meeting the ninety-five percent (95%) NaCl concentration will be subject to a price deduction. Results of purity test shall be rounded to the nearest whole percentage point (0.5 rounded up). A deduction of one dollar ($1.00) per ton will be made for each percentage point from ninety-four (94%) through ninety (90%) and two dollars ($2.00) per ton for each percentage point from eighty-nine percent (89%) through eighty-five percent (85%). Material with a concentration less than eighty-five (85%) will be rejected and subject to the rejection clause of this price agreement. When test results are received after the product has been utilized and are less than eighty- five (85%), the rock salt will be paid for as snow and ice abrasives at the rate of four dollars ($4.00) per ton. Deductions for percent concentration content percent NaCl will be made when two (2) or more of the three (3) sample test results fall below the required ninety-five percent (95%) of NaCl concentration. The average of the three (3) test results will be used to determine which deduct range will be utilized. Deducts for percentage points will be cumulative. The following examples illustrate how to calculate the price deduction for the chemical composition: For the following examples, the price per ton of rock salt will be at thirty dollars per ton ($30/ton). Example #1 Percent NaCl Concentration Content: ninety-five (95%) required in order for a price deduct not to be applied. Percent Concentration Content for Test #1 = 90% Percent Concentration Content for Test #2 = 88% Percent Concentration Content for Test #3 = 95% Since two (2) of the three (3) test fell below the required ninety-five percent (95%) concentration content, a deduction will be assessed. Calculate the average percent concentration content for all three (3) samples. In this case the average percent concentration content is ninety-one percent (91%) rounded to the nearest percent. Therefore, ninety-one percent (91%) NaCl concentration indicates the rock salt concentration falls four percent (4%) points below the required concentration of ninety-five percent (95%) and only one deduct price (range 94% - 90%) will be used in the deduct calculation. Calculate the price deduct as follows: Deduct for the first 5% point is $1.00 per percentage point. 4% points X $1.00/percentage point = $4.00 Price per Ton = $30.00 (P.O. Price) - $4.00 (Deduct) = $26.00 The load will be paid for at $26.00 per Ton. Example #2 Percent NaCl Concentration Content: ninety-five percent (95%) required in order for a price deduct not to be applied. Percent Concentration Content for Test #1 = 83% Percent Concentration Content for Test #2 = 87% Percent Concentration Content for Test #3 = 86% Since all three (3) test fell below the required ninety-five percent (95%) percent concentration content, a deduction will be assessed. Calculate the average percent concentration content for all three (3) samples. In this case the average percent concentration content is eighty-five (85%) rounded to the nearest percent. Therefore, eighty-five percent (85%) NaCl concentration indicates the rock salt concentration falls ten percent (10%) points below the required concentration of ninety-five (95%) and both deduct ranges (94% - 90%) and (89% - 85%) will have to be used in the deduct calculation. Calculate the price deduct as follows: Deduct for the first 5% points is $1.00 per percentage point. 5% points X $1.00/percentage point = $5.00 Deduct for the remaining 5% points is $2.00 per percentage point. 5% points X $2.00/percentage point = $10.00 Total Deduct is $5.00 + $10.00 = $15.00 Price per Ton = $30.00 (P.O. Price) - $15.00 (Deduct) = $15.00 The load will be paid for at $15.00 per Ton. Example #3 Percent NaCl Concentration Content: Ninety-five percent (95%) required in order for a price deduct not to be applied. Percent Concentration Content for Test #1 = 83% Percent Concentration Content for Test #2 = 82% Percent Concentration Content for Test #3 = 86% Since all three (3) test fell below the required ninety-five percent (95%) percent concentration content, a deduction will be assessed. Calculate the average percent concentration content for all three (3) samples. In this case the average percent concentration content is eighty-four percent (84%) rounded to the nearest percent. Since the percent concentration content is less than eighty-five percent (85%), the material will be paid for as snow and ice abrasives at the rate of four dollars per ton ($4.00/ton). Gradations: Rock salt shall meet the following gradation specifications: SIEVE SIZE PERCENT PASSING __________ ___________________ 1/2 IN. 100 3/8 IN. 95-100 NO. 4 20-90 NO. 8 10-60 NO. 30 0-15 Rock salt not meeting this gradation specification will be subject to a price deduction. The price deduction will be based on the summation of the gradation percentage points not meeting the requirements. Deducts will be based on the tested sample having the highest percentage failure. Following is an example illustrating a calculation for price deduction: Example #1 Gradation test results for the sample having the highest percentage failure. SIEVE SPEC. BAND TEST VALUE % PASSING % PASSING _____ ____________ _____________ 1/2 100 97 3/8 95-100 95 NO. 4 20-90 94 NO. 8 10-60 57 NO. 30 0-15 14 The half (1/2) inch sieve and number four (4) sieve are out of specifications. The half (1/2) inch sieve is out by three (3) percentage points and the number four (4) sieve is out by four (4) percentage points. So, the total percentage point is seven (7) and a seven percent (7%) deduction will be applied for not meeting the gradation specification. Using the price per ton for rock salt of thirty dollars per ton ($30/ton) material with this gradation would be paid for as follows. $30.00 X 7% = $2.1 (deduct) $30.00 (cost/ton) - $2.10(deduct) = $27.90 per ton The load will be paid for at $27.90 per ton. Delivery: All shipments of rock salt shall be accompanied by a certified scale ticket, machine stamped, with both tare and gross weight indicated. The certified scale ticket shall be obtained at the nearest available location to the point of origin of the shipment. All invoices presented for payment of rock salt shall include thereon the vehicle license number of the truck or tractor and trailer used to haul that particular load. The NMDOT will not pay for any amount of rock salt in any individual shipment, which amount exceeds the legal load limit as prescribed by the New Mexico State Motor Transportation Department. All shipments shall be securely covered as prescribed by the statute 66-7-407, to prevent sifting, leaking or spillage. Delivery at destinations indicated will be accepted in end dumps only. Grain belly dump deliveries will not be accepted except in emergency situations and at the discretion of the District Engineer or their designee. Shipment shall be marked with producers name and address, name of the product and net weight of the contents furnished on either a shipping report or invoice. Rock salt will be F.O.B. Destination as listed price per Ton will include unloading charge with a minimum of twenty (20) ton delivery. Vendor(s) must provide an in-state phone number where the department can contact a vendor representative any time during a twenty-four (24) hour day. Loads will be dumped only at the site designated by the District Engineer or their designee. Vendor shall make every effort possible to deliver the ordered loads within normal working hours, which are from 7:30 am to 4:00 pm Monday thru Friday (as designated by each district). Vendor must call the patrol foreman or his designee, eight hours prior to delivery, with the approximate time of delivery, which must be acceptable to the foreman or his designee. In case of late night deliveries, the vendor must guarantee the time of delivery or be subject to a twenty dollar per hour ($20/hr.) late delivery penalty for a maximum of 12 hours per day. No load will be accepted or paid for unless a NMDOT employee is present at the time of delivery. A NMDOT employee must sign the certified scale ticket at the time of delivery. Invoice To: New Mexico Department of Transportation General Office 1120 Cerrillos Road Santa Fe, NM 87504-1149 New Mexico Department of Transportation District One 2912 E. Pine St. Deming, N.M. 88030 New Mexico Department of Transportation District Two 4505 West Second St. P.O. Box 1457 Roswell, N.M. 88202-1457 New Mexico Department of Transportation District Three 7500 East Frontage Road P.O. Box 91750 Albuquerque, N.M. 87109-3768 New Mexico Department of Transportation District Four 28 Bibb Industrial Dr. P.O. Box 10 Las Vegas, N.M. 87701-0030 New Mexico Department of Transportation District Five 7315 Cerrillos Road P.O. Box 4127 (Coronado Station) Santa Fe, N.M. 87502-4127 New Mexico Department of Transportation District Six 1919 Pinon Drive P.O. Box 2159 Milan, N.M. 87021-2159 Ship To: NMDOT General Office Warehouse, SB-4 1350 Alta Vista Street Santa Fe, NM 87504-1149 NMDOT District 1 2912 E. Pine St. Deming, N.M. 88030 NMDOT District 2 4505 W. Second Street, Roswell, NM 88201-1457 NMDOT District 3 7500 E. Frontage Rd., Albuquerque, NM 87199-1750 NMDOT District 4 28 Bibb Industrial Drive Las Vegas, NM 87701-0030 NMDOT District 5 7315 South Cerrillos Rd., Santa Fe, NM 87502-4127 NMDOT District 6 1919 Pinon Drive, Milan, NM 87021-2159