Fill - Free fillable BENTON COUNTY ROAD 2020 ANNUAL GUARDRAIL MATERIALS BID (Benton County Government) PDF form

BENTON COUNTY ROAD

2020 ANNUAL GUARDRAIL MATERIALS BID

RFB Issue/Ad Date(s):

January 2, 2020

RFB Issuing Office:

Benton County Government

Properties Representative:

Terry Lewis

Office Phone: 479-464-6168

Fax: 479-271-1748

E-mail: terry.lewis@bentoncountyar.gov

USPS Mail Address:

(or hand-deliver)

Benton County Administration Building

Properties Office

215 E. Central Ave., Ste. 304

Bentonville, AR 72712

Attention: Terry Lewis

Bids Due / Deadline:

January 14, 2020 @ 10:00 a.m. local time

Pursuant to Arkansas Code Annotated §22-9-203 Benton County encourages all qualified small,

minority and women business enterprises to bid on and receive contracts for goods, services, and

construction. Also, Benton County encourages all general contractors to subcontract portions of their

contract to qualified small, minority and women business enterprises.

RFB’s shall be submitted in sealed envelopes labeled: 2020 Guardrail Materials Bid with the name

and address of the Bidder.

RFB’s shall be submitted in accordance with the attached Benton County specifications and RFB

documents attached hereto. Each Bidder is required to fill in every blank and shall supply all

information requested; failure to do so may be used as basis of rejection

Benton County RFB

2020 Guardrail Materials Bid

Page 2

Benton County RFB

2020 Guardrail Materials Bid

Benton County, Arkansas is requesting annual bids for Concrete, Guardrail Materials, Road Striping,

Concrete Box Culverts, and Metal Culverts. To be considered, bid must be received at the Benton

County Administration Building, 215 East Central, Ste. 304, Bentonville, Arkansas before January 14,

2020 @ 10:00 am (local time)

Forms and addendums can be downloaded from the County’s web site at

https://bentoncountyar.gov/accounting/open-bids/. All questions regarding the qualification process

should be directed to Terry Lewis at terry.lewis@bentoncountyar.gov or by telephone at 479-464-

6168. All questions regarding specifications should be directed to Ashley Kirby @ 479-271-1052 or

via email at ashley.kirby@bentoncountyar.gov.

Bidders shall be qualified to do business and licensed in accordance with all applicable laws of the

state and local governments where the project is located.

Pursuant to Arkansas Code Annotated §22-9-203 Benton County encourages all qualified small,

minority and women business enterprises to bid on and receive contracts for goods, services, and

construction. Also, Benton County encourages all general contractors to subcontract portions of their

contract to qualified small, minority and women business enterprises.

Benton County reserves the right to reject any and all bids and to waive irregularities therein, and all

Bidders shall agree that such rejection shall be without liability on the part of Benton County for any

damage or claim brought by any Bidder because of such rejections, nor shall the Bidder seek any

recourse of any kind against Benton County because of such rejections. The filing of any bid in

response to this invitation shall constitute an agreement of the Bidder to these conditions.

Ad Dates: January 2, 2020

Benton County RFB

2020 Guardrail Materials Bid

Page 3

Benton County RFB

2020 Guardrail Materials Bid

Contents

SECTION

PAGE NUMBER

Cover page

Contents

Section A: General Terms & Conditions

Section B: Vendor References

Section C: Specifications & Cost Sheet

Section D: Statement of Disclosure and Contact Information

Section E: Signature Page

Benton County RFB

2020 Guardrail Materials Bid

Page 4

Benton County RFB

2020 Guardrail Materials Bid

Section A: General Terms & Conditions

1. SUBMISSION OF A BID:

A. Please submit (1) electronically (CD or USB flash drive) in addition to one (1) hard copy. Please

submit your documents on a properly labeled CD or USB flash drive. The use of Adobe PDF

documents is strongly recommended. Files contained on the CD or electronic media shall not be

restricted against saving or printing. The electronic copy shall be identical to the original papers

submitted. Electronic copies shall not be submitted via e-mail to County employees.

B. Bids will be reviewed following the stated deadline, as shown on the cover sheet of this document.

The names of respondents only will be available after the deadline until a contract has been

awarded by the Benton County. All interested parties understand proposal documents will not be

available until after a valid contract has been executed.

C. Bidders shall submit a bid based on documentation published by Benton County.

D. Bids shall be enclosed in sealed envelopes or packages addressed to Benton County, 215 East

Central, Room 304, Bentonville, Arkansas 72712. The name, address of the firm and RFB name

shall be on the outside of the packaging as well as on any packages enclosed in shipping

containers or boxes.

E. Bids must follow the format of the RFB. Bidders should structure their responses to follow the

sequence of the RFB.

F. Bidders shall have experience in work of the same or similar nature, and must provide references

that will satisfy Benton County. Bidder may furnish a reference list, of clients for whom they have

performed similar services and must provide information as requested in this document.

G. Bidder is advised that exceptions to any of the terms contained in this RFB must be identified in its

response to the RFB. Failure to do so may lead the County to declare any such term non-

negotiable. Bidder’s desire to take exception to a non-negotiable term will not disqualify it from

consideration for award.

H. Bids will need to be received by January 14, 2020 @ 10:00 am (local time).

2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:

No oral interpretations will be made to any firms as to the meaning of specifications or any other contract

documents. All questions pertaining to the terms and conditions or scope of work of this bid must be sent in

writing via e-mail to the County Properties office. Responses to questions may be handled as an addendum if

the response would provide clarification to the requirements of the bid/proposal. All such addenda shall

become part of the contract documents. The County will not be responsible for any other explanation or

interpretation of the proposed RFB made or given prior to the award of the contract.

Benton County RFB

2020 Guardrail Materials Bid

Page 5

3. RIGHTS OF BENTON COUNTY IN REQUEST FOR BID PROCESS:

In addition to all other rights of Benton County, under state law, the County specifically reserves the following:

A. Benton County reserves the right to rank firms and negotiate with the highest-ranking firm.

B. Benton County reserves the right to select the bid that it believes will serve the best interest of the

County.

C. Benton County reserves the right to accept or reject any and all bids.

D. Benton County reserves the right to cancel the entire request for bid.

E. Benton County reserves the right to remedy or waive technical or immaterial errors in the request

for bid or in bids submitted.

F. Benton County reserves the right to request any necessary clarifications, additional information, or

proposal data without changing the terms of the bid.

G. Benton County reserves the right to make selection of the Bidder to perform the services required

on the basis of the original bid without negotiation.

4. EVALUATION CRITERIA:

The evaluation criteria define the parameters that will be used by the selection committee to evaluate and

score responsive, responsible and qualified bids. The different evaluation parameters are shown in the chart

below:

Item No.

Parameter

Specialized experience and technical competence of the firm with respect to the type of

professional services required.

Capacity and capability of the firm to perform the work in question including specialized services,

within the time limitations fixed for the completion of the project.

Past record of performance of the firm with respect to such factors as control of costs, quality of

work and ability to meet schedules and deadlines.

Firm’s proximity to and familiarity with the area in which the project is located.

Benton County RFB

2020 Guardrail Materials Bid

Page 6

5. COSTS INCURRED BY BIDDERS:

All expenses involved with the preparation and submission of bids to the County, or any work performed in

connection therewith, shall be borne solely by the Bidder(s). No payment will be made for any responses

received, or for any other effort required of, or made by, the Bidder(s) prior to contract commencement.

6. ORAL PRESENTATION:

An oral presentation and/or interview may be requested of any firm, at the selection committee’s discretion.

7. CONFLICT OF INTEREST:

A. The Bidder represents that it presently has no interest and shall acquire no interest, either direct or

indirect, which would conflict in any manner with the performance or services required hereunder, as

provided in Arkansas Code Annotated §14-14-1202.

B. The Bidder shall promptly notify Benton County in writing, of all potential conflicts of interest for any

prospective business association, interest, or other circumstance which may influence or appear to

influence the bidder’s judgment or quality or services being provided. Such written notification shall

identify the prospective business association, interest or circumstance, the nature of which the Bidder

may undertake and request an opinion to the County as to whether the association, interest or

circumstance would, in the opinion of the County; constitute a conflict of interest if entered into by the

Bidder. The County agrees to communicate with the Bidder its opinion via e-mail or first-class mail

within thirty days of receipt of notification.

8. WITHDRAWAL OF BID:

A bid may be withdrawn at any time.

9. LATE BID OR MODIFICATIONS:

A. Bid and modifications received after the time set for the bid submittal shall not be considered.

Modifications in writing received prior to the deadline will be accepted. The County will not be

responsible for misdirected bids. Bidders should contact the County Properties office at (479) 464-

6168 to ensure receipt of their submittal documents prior to opening time and date listed.

B. The time set for the deadline shall be local time for Bentonville, Arkansas on the date listed. All bids

shall be received in the County Properties office BEFORE the stated deadline.

10. LOCAL, STATE AND FEDERAL COMPLIANCE REQUIREMENTS:

A. The laws of the State of Arkansas apply to any purchase made under this request for bid. Bidders

shall comply with all local, state, and federal directives, orders and laws as applicable to this bid and

subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO),

Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract.

B. Pursuant to Arkansas Code Annotated §22-9-203 Benton County encourages all qualified small,

minority and women business enterprises to bid on and receive contracts for goods, services, and

construction. Also, Benton County encourages all general contractors to subcontract portions of their

contract to qualified small, minority and women business enterprises.

Benton County RFB

2020 Guardrail Materials Bid

Page 7

11. COLLUSION:

The Bidder, by affixing his or her signature to this bid, agrees to the following: “Bidder certifies that his bid is

made without previous understanding, agreement, or connection with any person, firm or corporation making a

bid for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or

otherwise illegal action.”

12. RIGHT TO AUDIT, FOIA AND JURISDICTION:

A. Benton County reserves the privilege of auditing a vendor’s records as such records relate to

purchases between the County and said vendor.

B. Freedom of Information Act: County contracts and documents prepared while performing County

contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information

Act request is presented to Benton County, the (Contractor) will do everything possible to provide the

documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act

(§A.C.A. 25-19-101). Only legally authorized photocopying costs pursuant to the FOIA may be

assessed for this compliance.

C. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.

13. COUNTY INDEMNIFICATION:

A. Due to the County statutory tort immunity, it doesn’t carry liability insurance for such claims.

Accordingly, any contract entered into with the successful bidder/candidate may not include a clause in

which the County agrees that it or its’ officials or employees will indemnify the other party.

B. The successful Bidder(s) agrees to indemnify the County and hold it harmless and against all claims,

liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of

any actual or claimed trademark, patent or copyright infringement or ligation based thereon, with

respect to the services or any part thereof covered by this order, and such obligation shall survive

acceptance of the services and payment thereof by the County.

14. VARIANCE FROM STANDARD TERMS & CONDITIONS:

All standard terms and conditions stated in this request for bid apply to this contract except as specifically

stated in the subsequent sections of this document, which take precedence, and should be fully understood by

Bidders prior to submitting a bid on this requirement.

15. PAYMENT AND INVOICING:

The Bidder must specify in their bid the exact company name and address which must be the same as

invoices submitted for payment as a result of award of this RFB. Further, the successful Bidder is responsible

for immediately notifying the County Properties office of any company name change, which would cause

invoicing to change from the name used at the time of the original RFB.

Benton County RFB

2020 Guardrail Materials Bid

Page 8

16. CANCELLATION:

A. The County reserves the right to cancel this contract without cause by giving thirty (30) days prior

notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor

fails to fulfill or abide by any of the terms or conditions specified.

B. Failure of the contractor to comply with any of the provisions of the contract shall be considered a

material breach of contract and shall be cause for immediate termination of the contract at the

discretion of Benton County.

C. In addition to all other legal remedies available to Benton County, the County reserves the right to

cancel and obtain from another source, any items and/or services which have not been delivered

within the period of time from the date of order as determined by Benton County.

D. Any contract entered into with a successful bidder/candidate extending beyond the current budget

year the County (which is the calendar year) is subject to non-appropriation. Accordingly, any contract

entered into by the County must provide that in the event no funds or insufficient funds are

appropriated for the continuation of the contract, the contract will end as of the last day for which funds

were appropriated without penalty to the county.

17. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:

A. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without

prior written consent of the County. If a Bidder intends to subcontract a portion of this work, the

Bidder shall disclose such intent in the bid submitted as a result of this RFB.

B. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the

County within thirty (30) calendar days of Contractor’s notice of such action or upon the occurrence of

said action, whichever occurs first. The right to terminate this contract, which shall not be

unreasonably exercised by the County, shall include, but not limited to, instances in which a corporate

acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal

laws. Action by the County awarding a bid to a firm that has disclosed its intent to assign or

subcontract in its response to the RFB, without exception shall constitute approval for purpose of this

Agreement.

18. NON-EXCLUSIVE CONTRACT:

Award of this RFB shall impose no obligation on the County to utilize the vendor for all work of this type, which

may develop during the contract period. This is not an exclusive contract. The County specifically reserves

the right to concurrently contract with other companies for similar work if it deems such an action to be in the

County’s best interest. In the case of multiple-term contracts, this provision shall apply separately to each

item.

19. ADDITIONAL REQUIREMENTS:

The County reserves the right to request additional services relating to this RFB from the Bidder. When

approved by the County as an amendment to the contract and authorized in writing prior to work, the

Contractor shall provide such additional requirements as may be necessary.

Benton County RFB

2020 Guardrail Materials Bid

Page 9

20. SERVICES AGREEMENT OR CONTRACT:

A written agreement, in substantially the form attached, incorporating the RFB and the successful bid will be

prepared by the Bidder, signed by the successful Bidder and presented to Benton County for approval and

signature of the County Judge.

21. INTEGRITY OF REQUEST FOR BID DOCUMENTS:

Bidders shall use the original RFB form(s) provided by the County Properties office and enter information only

in the spaces where a response is requested. Bidders may use an attachment as an addendum to the RFB

form(s) if sufficient space is not available on the original form for the Bidder to enter a complete response. Any

modifications or alterations to the original RFB documents by the Bidder, whether intentional or

otherwise, will constitute grounds for rejection of such RFB response. Any such modifications or

alterations a Bidder wishes to propose shall be clearly stated in the Bidder’s RFB response and presented in

the form of an addendum to the original RFB documents.

22. OTHER GENERAL CONDITIONS:

A. Bidder must provide the County with their bids signed by an employee having legal authority to submit

bids on behalf of the Bidder. The entire cost of preparing and providing responses shall be borne by

the Bidder.

B. The County reserves the right to request any additional information it deems necessary from any or all

Bidders after the submission deadline.

C. The request for bid is not to be construed as an offer, a contract, or a commitment of any kind, nor

does it commit the County to pay for any costs incurred by Bidder in preparation. It shall be clearly

understood that any costs incurred by the Bidder in responding to this request for bid is at the Bidder’s

own risk and expense as a cost of doing business. The County shall not be liable for reimbursement

to the Bidder for any expense so incurred, regardless of whether or not the bid is accepted.

D. If products, components, or services other than those described in this bid document are proposed,

the bidder must include complete descriptive literature for each. All requests for additional information

must be received within five working days following request.

E. Any uncertainties shall be brought to the attention of Ms. Terry Lewis immediately via telephone (479)

464-6168 or by e-mail at Terry.Lewis@bentoncountyar.gov. It is the intent and goal of Benton County

to provide documents providing a clear and accurate understanding of the scope of work to be

completed and/or goods to be provided. We encourage all interested parties to ask questions to enable

all bidders to be on equal bid terms.

F. Any inquiries or requests for explanation in regard to the County’s requirements should be made

promptly to Ms. Terry Lewis, Benton County, via e-mail at Terry.Lewis@bentoncountyar.gov or

telephone at (479) 464-6168. No oral interpretation or clarifications will be given as to the meaning of

any part of this request for bid. All questions, clarifications, and requests, together with answers, if

any will be provided to all firms via written addendum. Names of firms submitting any questions,

clarifications, or requests will not be disclosed until after a contract is in place.

G. At the discretion of the County, one or more firms may be asked for more detailed information before

final ranking of the firms, which may also include oral interviews. NOTE: Each Bidder shall submit an

Benton County RFB

2020 Guardrail Materials Bid

Page 10

“Authorized Signature Page” containing the signature of a duly authorized officer or agent of the

Bidder’s company empowered with the right to bind and negotiate on behalf of the Bidder for the

amounts and terms proposed.

H. Any information provided herein is intended to assist the Bidder in the preparation of bid necessary to

properly respond to this RFB. The RFB is designed to provide qualified Bidders with sufficient basic

information to submit bids meeting specifications and/or test requirements, but is not intended to limit a

RFB’s content or exclude any relevant or essential data.

I. Bidders irrevocably consent that any legal action or proceeding against it under, arising out of or in any

manner relating to this Contract shall be controlled by Arkansas law. Bidder hereby expressly and

irrevocably waives any claim or defense in any said action or proceeding based on any alleged

lack of jurisdiction or improper venue or any similar basis.

J. The successful Bidder shall not assign the whole or any part of this Contract or any monies due or to

become due hereunder without written consent of Benton County. In case the successful Bidder

assigns all or any part of any monies due or to become due under this Contract, the Instrument of

assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee

in and to any monies due or to become due to the successful Bidder shall be subject to prior liens of all

persons, firms, and corporations for services rendered or materials supplied for the performance of the

services called for in this contract.

K. The successful Bidder’s attention is directed to the fact that all applicable Federal and State laws,

County and municipal ordinances, and the rules and regulations of all authorizes having jurisdiction

over the services shall apply to the contract throughout, and they will be deemed to be included in the

contract as though written out in full herein. The successful Bidder shall keep himself/herself fully

informed of all laws, ordinances and regulations of the Federal, State, County and municipal

governments or authorities in any manner affecting those engaged or employed in providing these

services or in any way affecting the conduct of the services and of all orders and decrees of bodies or

tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be

discovered in these Contract Documents or in the specifications herein referred to, in relation to any

law, ordinance, regulation, order or decree, he/she shall herewith report the same in writing to Benton

County.

L. All Benton County properties are tobacco-free zones. Bidder, contractor(s), subcontractor(s) and all

hired staff – whether part time or full time – shall abide by County rules. County Property includes

interior of County buildings, exterior yards, lawns, parking lots, and picnic areas.

M. All charges should be included on the Official Bid Sheet(s) which includes all associated costs

(including but not limited to delivery, freight, etc.) for the goods or services being bid*.

Benton County RFB

2020 Guardrail Materials Bid

Page 11

Benton County RFB

2020 Guardrail Materials Bid

Section B: Vendor References

The following information is required from all bidders so all bids may be reviewed and properly evaluated:

Company Name________________________________________________________________

Business Address_______________________________________________________________

Number of years in business _________ How long in present location ____________________

Total number of current employees ______________ Full time _________Part time _________

Number of employees you plan to use to service this contract ______ Full time ______Part time ______

Please list local commercial and/or governmental references that you have previously performed similar contract

services for within the past five (5) years:

Company Name:

______________________________________________________

City, State, Zip:

______________________________________________________

Contact Person:

______________________________________________________

Telephone:

______________________________________________________

Fax Number:

______________________________________________________

E-Mail Address:

______________________________________________________

Company Name:

______________________________________________________

City, State, Zip:

______________________________________________________

Contact Person:

______________________________________________________

Telephone:

______________________________________________________

Fax Number:

______________________________________________________

E-Mail Address:

______________________________________________________

Company Name:

______________________________________________________

City, State, Zip:

______________________________________________________

Contact Person:

______________________________________________________

Telephone:

______________________________________________________

Fax Number:

______________________________________________________

E-Mail Address:

______________________________________________________

Company Name:

______________________________________________________

City, State, Zip:

______________________________________________________

Contact Person:

______________________________________________________

Telephone:

______________________________________________________

Fax Number:

______________________________________________________

E-Mail Address:

______________________________________________________

Benton County RFB

2020 Guardrail Materials Bid

Page 12

Benton County RFB

2020 Guardrail Materials Bid

Section C: Specifications & Cost Sheet

SPECIFICATIONS & COST SHEET

It is the intent of these specifications to describe in sufficient detail to secure bids on comparable items. Any

items not conforming to these specifications will be rejected, and it will be the responsibility of the bidder to

conform to the requirements unless deviations have been specifically cited by the bidder and an acceptance

made on the basis of the exception. All bids must meet or exceed the State of Arkansas specifications.

New Guardrail Materials-Meeting Arkansas Highway Dept Specifications, Section 617

Description

Cost

New Type A

12.5’ Straight

12.5’ Curved

25’ Straight

25’ Curved

Type 1 Turndown

Flared End

Thrie Beam Terminal

Guardrail Terminal Type 2

6’ Guardrail Post

Nuts

Bolts

*Tax to be included on all invoices.

No bid will be considered unless the firm submitting the bid meets the following conditions:

• Has in operation an organization including supervision, labor and equipment devoted to the

type of work described in the proposal and specification.

• Has been engaged in the type of work described in the bid and specification for a period of

two (2) years unless a subsequent investigation by the Department indicates that the

successful bidder’s firm is, in fact, reputable in its field and capable of satisfactorily completing

the contract.

• Contractor shall view project, confer in person with the project engineer and obtain project

engineer’s attestation on contractor’ appearance at the project prior to starting job.

Notes:

Benton County RFB

2020 Guardrail Materials Bid

Page 13

Benton County RFB

2020 Guardrail Materials Bid

Section D: Statement of Disclosure & Contact Information

Bidder must disclose any possible conflict of interest with Benton County, including, but not limited to, any

relationship with any Benton County employee. Your response must disclose if a known relationship exists

between any principal or employee of your firm and any Benton County employee or County elected official.

If, to your knowledge, no relationship exists, this should also be stated in your response. Failure to disclose

such a relationship may result in cancellation of a purchase and/or contract as a result of your response. This

form must be completed and returned in order for your bid to be eligible for consideration.

PLEASE CHECK ONE OF THE FOLLOWING AS IT APPROPRIATELY APPLIES TO YOUR FIRM:

No Known Relationship Exists

Relationship Exists (Please Explain Below)

Primary Contact information if different than signature page:

At the discretion of the County, one or more firms may be asked for more detailed information before final

ranking of the firms, which may also include oral interviews. NOTE: Each Bidder shall submit to the County a

primary contact name, e-mail address, and phone number (preferably a cell phone number) so the County

Selection Committee can contact for clarification or interview via telephone.

Name of Primary Contact

Phone #

E-Mail Address

Benton County RFB

2020 Guardrail Materials Bid

Page 14

Benton County RFB

2020 Guardrail Materials Bid

Section E: Signature Page & Primary Contact Information

Bid must be signed to be considered.

The undersigned hereby offers to furnish and deliver the articles or services as specified, at the prices and

terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of

which are made a part of the offer. This offer is not subject to withdrawal unless upon mutual written

agreement by the Bidder and County Judge. The person that signs this form must be able to legally bind a

contract for this firm.

1. I, as an officer of this organization, or per the attached letter of authorization, am duly authorized to

certify the information provided herein are accurate and true; and

2. My organization shall comply with all State and Federal Equal Opportunity and Non-Discrimination

requirements and conditions of employment.

Date: ___________________

Signature:

____________________________________

Name:

____________________________________

Company:

____________________________________

Address:

____________________________________

City, State, Zip:

____________________________________

Phone:

____________________________________

Email:

____________________________________

*Please submit (1) original bid and (1) one copy (CD or USB flash drive).

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