Supply Contract for furnishing Glass Beads for Pavement

Agency: Arkansas State Highway And Transportation Department
State: Arkansas
Type of Government: State & Local
NAICS Category:
  • 237310 - Highway, Street, and Bridge Construction
Posted Date: May 15, 2019
Due Date: Jun 4, 2019
Solicitation No: H-20-209P
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Bid No. Tab Mowing Opening Date Description Buyer Awarded
H-20-209P Jun 4, 2019 Supply Contract for furnishing Glass Beads for Pavement CP

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Contract No. H-20-209P
ARDOT Equipment and
ARDOT Equipment and ARDOT Equipment and
Procurement Division
Procurement Division Procurement Division
Bid Opening Date: June 4, 2019
Time: 11:00 a.m.
11302 W. Baseline Road
Little Rock, AR 72209
P.O. Box 2261
11302 W. Baseline Road
Little Rock, AR 72203 Little Rock, AR 72209
Sealed bids for furnishing the commodities and/or services described below, subject to the Standard Bid Conditions of this Bid Invitation will be received at the above-noted mail and
delivery locations until the above-noted bid opening date and time, and then publicly opened at the above-noted bid opening location. Bids must be submitted on this form, with
attachments when appropriate, or bids will be rejected. Late bids and unsigned bids will not be considered.
In compliance with this Bid Invitation and subject to all the Conditions thereof, the undersigned offers and agrees to furnish any and all items upon which prices are quoted, at the price
set opposite each item.
Company Name:
Name (Type or Print):
Federal Tax ID or Social Security No.:
Signature must be legible, original (not photocopied) and in ink.
Unsigned bids will be rejected.
Quantity Unit Unit Price
Supply Contract for furnishing to the Arkansas Department of Transportation Glass Beads for Pavement Marking according
to specifications attached to and made a part of this bid, at pricing set forth on Page 2 for the period beginning July 1, 2019
thru June 30, 2020, with an option to renew upon mutually agreed by both parties.
FOB: ARDOT – Maintenance Division, Sign Shop, 11300 W. Baseline Rd., Little Rock, AR 72209
The Department is not obligated to purchase any specific quantity or make purchases at any specific time during the contract
period. It is estimated that approximately 4,000,000 lbs. of material will be purchased during the one (1) year period. A typical
order would be a minimum of 440,000 lbs. with delivery to be made within thirty (30) calendar days. In the event glass beads
are not delivered within thirty (30) calendar days, the Department shall be compensated at a rate of $500 per day until the glass
beads are delivered, but not to exceed 20% of the total purchase order amount.
The Department will award up to two (2) additional contingency contracts to ensure an uninterrupted delivery of glass beads.
The contingency contracts will be utilized if the low-bid vendor is unable to deliver glass beads in accordance with the
specifications. If contingency contracts are utilized for unfilled orders, the low-bid vendor shall compensate the Department the
difference in price between the low-bid vendor and the contingency contract price.
The Bid Invitation, Bid Form and Specifications are parts of the contract and by this reference are incorporated herein as fully
and effectively as if set forth in detail herein. It shall be understood that by submission of bid that bidder agrees to the
conditions herein specified and, if bid is found acceptable by the Department either in whole or in part, shall consider this bid a
contract agreement bound under these conditions. The parties hereto agree that this contract in all things shall be governed by
the Laws of the State of Arkansas.
Should there be a conflict between Standard Bid Conditions of Bid Invitation and other conditions stated with Bid Information
and Specifications, the latter shall prevail.
Bid Bond in the amount of $500.00 required of all bidders at time of bid opening or bid will be rejected. Personal and
company checks are not acceptable as Bid Bonds. See Condition 4 on page 1 of Standard Bid Conditions.
Performance Bond in an amount to be determined by the Department, not to exceed $5,000.00, will be required of successful
bidder prior to providing goods/services. Personal and company checks are not acceptable as Performance Bonds. See
Condition 4 on page 1 of Standard Bid Conditions.
Bids and Specifications are available on-line by going to the ARDOT Web Site – and clicking on “Commodities and
Services Bids/Contracts Information”. Tabulations will also be available at this site after award of bid/contract. If you have any
questions, call this office at 501-569-2667.
Contract No. H-20-209P
Page 2 of 2
1. Glass Beads – 50 pound sacks
2. Glass Beads – 2000 pound Bulk Bag
3. Glass Beads – 2000 pound Bulk Carton
$______________________ per pound
$______________________ per pound
$______________________ per pound
Glass Bead proposed to furnish:
Item 1. Brand____________________ No.____________________
Item 2. Brand____________________ No.____________________
Item 3. Brand____________________ No.____________________
All bidders should complete and return the Eligible Bidder Certification (Attachment A), Disclosure Form (see Page 2
of Standard Bid Conditions – Item 18), Restriction of Boycott of Israel Certification and Illegal Immigrant
Certification (see Page 2 of Standard Bid Conditions – Item 17) issued with this bid.
Cooperative Purchasing.
Other tax-supported entities* in Arkansas (cities, counties, state agencies, school districts, etc.) may purchase
commodities covered in this Contract on an individual basis under the same specifications and conditions, and at the
pricing set forth by each vendor, all at the discretion of each vendor in each case. Prices could be reduced by a vendor
for minor alterations in conditions (changing minimum order quantities, etc.) as agreed by both parties, but could not
be raised above the contract bid price under any circumstances. Vendors would not be required to sell to any such
entity under this Contract, and those entities would not be obligated to purchase from the Contract.
Each entity wishing to purchase from the Contract would make contact directly with the appropriate vendor(s).
ARDOT would remain “out of the loop” for such transactions: all contact, orders, invoices, payments, etc. regarding
such transactions must take place exclusively between the tax-supported entity and the vendor. ARDOT would be held
harmless of any and all liability arising from such transactions.
*Tax-supported entities are defined as those receiving more than half of total funding from appropriated tax funds.
Rev. 3/1/2018
Page 1 of 2
1. GENERAL: Any special terms and conditions included in the invitation for bid override these standard terms and conditions. The
standard terms and conditions and any special terms and conditions become part of any contract entered into if any or all parts of the
bid are accepted by the Arkansas Department of Transportation (ARDOT).
2. ACCEPTANCE AND REJECTION: ARDOT reserves the right to reject any or all bids, to accept bids in whole or in part (unless
otherwise indicated by bidder), to waive any informalities in bids received, to accept bids on materials or equipment with
variations from specifications where efficiency of operation will not be impaired, and to award bids to best serve the interest of the
3. PRICES: Unless otherwise stated in the Bid Invitation, the following will apply: (1) unit prices shall be bid, (2) prices should be stated in
units of quantity specified (feet, each, lbs., etc.), (3) prices must be F.O.B. destination specified in bid, (4) prices must be firm and not
subject to escalation, (5) bid must be firm for acceptance for 30 days from bid opening date. In case of errors in extension, unit prices
shall govern. Discounts from bid price will not be considered in making awards.
4. BID BONDS AND PERFORMANCE BONDS: If required, a Bid Bond in the form of a cashier’s check, certified check, or surety
bond issued by a surety company, in an amount stated in the Bid Invitation, must accompany bid. Personal and company
checks are not acceptable as Bid Bonds. Failure to submit a Bid Bond as required will cause a bid to be rejected. The Bid
Bond will be forfeited as liquidated damages if the successful bidder fails to provide a required Performance Bond within the period
stipulated by ARDOT or fails to honor their bid. When a bidder claims and can show clear and convincing evidence that a
material mistake was made in the bid and was not the bid intended, the bidder may be permitted to withdraw their bid prior to award
without forfeiture of bid bond. Cashier’s checks and certified checks submitted as Bid Bonds will be returned to unsuccessful bidders;
surety bonds will be retained. The successful bidder will be required to furnish a Performance Bond in an amount stated in the Bid
Invitation and in the form of a cashier’s check, certified check, or surety bond issued by a surety company, unless otherwise stated
in the Bid Invitation, as a guarantee of delivery of goods/services in accordance with the specifications and within the time
established in the bid. Personal and company checks are not acceptable as Performance Bonds. In some cases, a
cashier’s check or certified check submitted as a Bid Bond will be held as the Performance Bond of the successful bidder.
Cashier’s checks or certified checks submitted as Performance Bonds will be refunded shortly after payment has been made to
the successful bidder for completion of all terms of the bid; surety bonds will be retained. Surety bonds must be issued by a surety
company that is authorized to do business in the State of Arkansas and that is listed on the current United States Department of the
Treasury Listing of Approved Sureties. Surety bonds must be executed by a resident or non-resident agent who is licensed by the
Arkansas State Insurance Commissioner to represent the surety company executing the bond, and the resident or non-resident agent
shall file with the bond the power of attorney of the agent to act on behalf of the bonding company. Certain bids involving labor will
require Performance Bonds in the form of surety bonds only (no checks of any kind allowed). These bonds shall not only serve to
guarantee the completion of the work, but also to guarantee the excellence of both workmanship and material until the work is finally
accepted and the provisions of the Plans, Specifications, and Special Provisions fulfilled. In such cases, the company issuing the
surety bond must comply with all stipulations herein and must be named in the U. S. Treasury listing of companies holding Certificates
of Authority as acceptable sureties on Federal Bonds and as acceptable reinsuring companies. Any excess between the face
amount of the bond and the underwriting limitation of the bonding company shall be protected by reinsurance provided by an
acceptable reinsuring company. Annual Bid and Performance Bonds on file with E & P Division must have sufficient unencumbered
funds to meet current bonding requirements, or the bid will be rejected, unless the balance is submitted as set forth above, prior to bid
5. TAXES: The ARDOT is not exempt from Arkansas State Sales and Use Taxes, or local option city/county sales taxes, when
applicable, and bidders are responsible to the State Revenue Department for such taxes. These taxes should not be included in bid
prices, but where required by law, will be paid by the ARDOT as an addition thereto, and should be added to the billing to the ARDOT.
The ARDOT is exempt from Federal Excise Taxes on all commodities except motor fuels; and excise taxes should not be included in
bid prices except for motor fuels. Where applicable, tax exemption certificates will be furnished by the ARDOT.
6. “ALL OR NONE” BIDS: Bidders who wish to bid “All or None” on two or more items shall so stipulate on the face of bid sheet;
otherwise, bid may be awarded on an individual item basis.
7. SPECIFICATIONS: Complete specifications should be attached for any substitution or alternate offered, or where amplification is
necessary. Bidder’s name must be placed on all attachments to the bid.
8. EXCEPTIONS TO SPECIFICATIONS: Any exceptions to the bid specifications must be stated in the bid. Any exceptions to
manufacturer’s published literature must be stated in the bid, or it will be assumed that bidder is bidding exactly as stated in the
9. BRAND NAME REFERENCES: All brand name references in bid specifications refer to that commodity or its equivalent, unless
otherwise stated in Bid Invitation. Bidder should state brand or trade name of item being bid, if such name exists.
10. FREIGHT: All freight charges should be included in bid price. Any change in common carrier rates authorized by the Interstate
Commerce Commission will be adjusted if such change occurs after the bid opening date. Receipted common carrier bills that
reflect ICC authorized rate changes must be furnished.
Page 2 of 2
11. SAMPLES, LITERATURE, DEMONSTRATIONS: Samples and technical literature must be provided free of any charge within 14
days of ARDOT request, and free demonstrations within 30 days, unless ARDOT extends time. Failure to provide as requested
within this period may cause bid to be rejected. Samples, literature and demonstrations must be substantially the same as the
item(s) being bid, unless otherwise agreed to by ARDOT. Samples that are not destroyed will be returned upon request at bidders
expense. Samples from successful bidders may be retained for comparison with items actually furnished.
12. GUARANTY: Unless otherwise indicated in Bid Invitation, it is understood and agreed that any item offered or shipped on this bid
shall be newly manufactured, latest model and design, and in first class condition; and that all containers shall be new, suitable
for storage or shipment and in compliance with all applicable laws relating to construction, packaging, labeling and registration.
13. BACKORDERS OR DELAY IN DELIVERY: Backorders or failure to deliver within the time required may constitute default. Vendor
must give written notice to the ARDOT, as soon as possible, of the reason for any delay and the expected delivery date. The ARDOT
has the right to extend delivery if reasons appear valid. If reason or delivery date is not acceptable, vendor is in default.
14. DEFAULT: All commodities furnished will be subject to inspection and acceptance by ARDOT after delivery. Default in promised
delivery or failure to meet specifications authorizes the ARDOT to cancel award or any portion of same, to reasonably purchase
commodities or services elsewhere and to charge full increase, if any, in cost and handling to defaulting vendor. Applicable bonds may
be forfeited.
15. ETHICS: “It shall be a breach of ethical standards for a person to be retained, or to retain a person, to solicit or secure a State
contract upon an agreement of understanding for a commission, percentage, brokerage, or contingent fee, except for retention of
bona fide employees or bona fide established commercial selling agencies maintained by the contractor for the purpose of securing
business.” (Arkansas Code, Annotated, Section 19-11-708).
16. NOTICE OF NONDISCRIMINATION: The Arkansas State Highway Commission, through ARDOT, complies with all civil rights
provisions of federal statutes and related authorities that prohibit discrimination in programs and activities receiving federal
financial assistance. Therefore, ARDOT does not discriminate on the basis of race, sex, color, age, national origin, religion (not
applicable as a protected group under the Federal Motor Carrier Safety Administration Title VI Program), disability, Limited
English Proficiency (LEP), or low-income status in the admission, access to and treatment in the ARDOT’s programs and
activities, as well as the ARDOT’s hiring or employment practices. Complaints of alleged discrimination and inquiries regarding the
ARDOT’s nondiscrimination policies may be directed to Joanna P. McFadden Section Head – EEO/DBE (ADA/504/Title VI
Coordinator), P. O. Box 2261, Little Rock, AR 72203, (501)569-2298, (Voice/TTY 711), or the following email address: Free language assistance for Limited English Proficient individuals is available upon request. This
notice is available from the ADA/504/Title VI Coordinator in large print, on audiotape and in Braille.
17. PROHIBITION OF EMPLOYMENT OF ILLEGAL IMMIGRANTS: Pursuant to Arkansas Code Annotated 19-11-105, all bidders must
certify prior to award of a contract that they do not employ or contract with any illegal immigrant(s) in its contract with the state.
18. DISCLOSURE: Failure to make any disclosure required by Governor’s Executive Order 98-04, or any violation of any rule,
regulation, or policy adopted pursuant to that order, shall be a material breach of the terms of this contract. Any contractor, whether
an individual or entity, who fails to make the required disclosure or who violates any rule, regulation, or policy shall be subject to all
legal remedies available to the agency.
The Bidder represents and warrants for itself, its employees and its subcontractors and certifies they:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
2. Have not within a three-year period preceding this Bid been convicted of or had a civil judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State, or local) with commission of any of the offenses enumerated in paragraph two (2) of this
4. Have not within a one-year period preceding this application/Bid had one or more public transactions
(Federal, State, or local) terminated for cause or default; and
The Bidder represents, warrants and acknowledges the understanding that restrictions placed on the employment of
labor or on the scale of pay for the work on a contract will be the requirements of the Fair Labor Standards Act
(Federal Wage-Hour Law) of 1938, 28 USC §201 et seq., and other applicable labor laws.
The person executing this Certification further represents, warrants and affirms the truthfulness and accuracy of the
contents of the statements submitted on or with this Certification and understands that the provisions of 31 USC
§3801 et seq. are applicable thereto.
BY: __________________________
TITLE: _______________________

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