44,000 pounds of Glass Spheres for reflective traffic line pavement marking

Page 1 of 9 Form Rev 1/2023 Quotation Number: 061-23 Vendor Name: ______________________________ Date Issued: 10-30-2023 Address: ___________________________________ Closing Date: 11-17-2023, 2:00pm Phone Number:______________________________ THIS IS NOT AN ORDER 1. In communications, always refer to the above quotation number. 2. All prices and conditions must be shown. Additions or conditions not shown on this bid will not be allowed. 3. Shawnee County reserve the right to accept or reject any part of, or all of, any bid or proposal. 4. All prices quoted are to be less Federal Excise Tax and Kansas Sales Tax. 5. Price quoted shall remain firm for the 2024 calendar year. *SHAWNEE COUNTY HAS AN ELECTRONIC BID SYSTEM* All vendors are required to create an online portal account (www.snco.us/purchasing) in order to receive or submit bid requests. ITEM AND DESCRIPTION Shawnee County is soliciting bids for the

2024 purchase and delivery of 44,000 pounds of Glass Spheres for Reflective Traffic Line Pavement Markings, as per the following minimum specifications. TECHNICAL SPECIFICATIONS This specification is to cover glass spheres for application to traffic line paint for the production of reflective surface creating improved night visibility of the traffic line without altering daytime visibility of the markings. This specification is for glass spheres used in the drop-on type application to street, highway, curb and median painted markings. The glass spheres are to be manufactured from a composition designed to be highly resistant to traffic wear and the effect of weathering. SHAWNEE COUNTY REQUEST FOR PROPOSAL (RFP) Page 2 of 9 Form Rev 1/2023 DESCRIPTION: Glass spheres shall be transparent spheres meeting the following requirements. REFRACTIVE INDEX The spheres shall have an average index of refraction not less than 1.50 when tested by the liquid immersion method at 25 degrees centigrade. SIZE The glass spheres shall conform to the following graduation when tested according to ASTM D-1214: U.S. Standard-Sieve 100% passing No. 16 No. 40 No. 100 40% - 60% passing 0% - 3% passing IMPERFECT GLASS SPHERES The glass spheres shall not contain more than twenty (20) percent irregular particles when tested by ASTM D-1155. Imperfect glass spheres are defined as spheres which are ovate or otherwise non-spherical in shape, two or more beads fused together, opaque spheres or pitted spheres. MOISTURE RESISTANCE Spheres shall pass the Free Flow Test. REQUIRED APPARATUS: Standard one-pint screw cap mason jars: With two piece covers consisting of a flat cover plate with sealing gasket attached and a crew ring to hold the cover plate on the jar. Special sixty-degree brass funnel with four-inch stem: Inside diameter of the stem shall be 0.25 inches plus or minus 0.004 inches. The top of the funnel shall be soldered to one of the screw rings from a jar so that the funnel can be screwed to the top of the jar. The inside surface of the funnel shall be kept polished smooth. Measuring pipette, Mohr Type, Capacity 0.100 ml: Graduation lines at intervals of 1/100 ml. PROCEDURES Using a sample splitter, obtain a representative 300-gram sample of the spheres. Transfer the sample to one of the one-pint fruit jars and place the uncovered jar and sample in an air oven at 105 to 110 degrees centigrade for sixteen hours. Remove the jar from the oven and immediately seal it with one of the jar cover plates and screw ring. Allow cooling to room temperature. If, after cooling, the spheres have stuck together forming lumps, shake the jar violently until all lumps are broken up. This must be done without removing the cover. Page 3 of 9 Form Rev 1/2023 After breaking up lumps, remove the cover and quickly add 0.090 ml. of distilled water from the measuring pipette. Immediately seal the jar with the cover and screw ring and shake jar and contents violently for twenty seconds. Let stand for four hours; shake and tumble the spheres in the sealed jar for twenty seconds at the end of the first, second and third hour of standing. At the end of the fourth hour, without shaking, remove the cover and quickly screw the special funnel to the top of the jar. Invert the jar and support it in a vertical position. The spheres shall flow from the jar through the stem of the funnel. It is permissible to tap the funnel to start the flow; but if it is necessary to keep tapping the funnel to keep the spheres flowing, they do not pass the test. A small amount of spheres sticking to the sides of the jar or lying on the jar shoulder shall not be cause for rejection. PACKAGING, SAMPLING, TESTING AND SHIPPING PACKAGING All spheres shall be packed in 50-pound paper bag containers having leak-proof, moisture proof liners. Pallet deliveries shall have 40 each of the 50-pound bags and be shrink- wrapped. TESTING A sample will be taken and tested out of each 90 bags received by Shawnee County. Each sample tested must comply with the above specifications or the bidder will be charged to cover cost of testing for each sample that fails to meet the specifications and will cause rejection of that sample. DELIVERY: FOB SHAWNEE COUNTY TRAFFIC DIVISION 135 NE 46TH ST. TOPEKA, KS 66617 PLEASE SUBMIT ATTACHMENT 1 AS THE FIRST PAGE OF YOUR BID Page 4 of 9 Form Rev 1/2023 BID RESPONSE Closing Date: Bids will be received until 2:00 p.m. CDT on the scheduled closing date. The online bid portal will not accept any new bids after this time. Signature of Bids: Each bid must show in the space provided the complete business or mailing address of the bidder and must be signed by him/her with his/her usual signature. Withdrawal of Bids: Bids already submitted may be withdrawn on the Electronic Bid System or upon proper identification of bidder and provided request is received prior to time of closing. Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal after the time set for closing of bids. Register Your Company: For a mandatory pre bid meeting, you must be registered in our bid portal for us to record you as an attendee. If you are not marked as attended, the system will not allow you to download a bid. It will also stop you from downloading your bid if you are not registered. Also, you will need to subscribe to the bid types you can provide. This will automatically send you bid requests in the future. Please Submit Your Bids Early: In case you have problems getting your bid to upload and need assistance, we suggest you submit before 1:30 pm. Please contact us at once if you have issues uploading. Our system will not allow any bids to be uploaded after 2:00 pm. If your pricing changes, you can replace your bid in the system any time before the 2:00 closing. Bid Openings: All bids submitted before the specified bid closing time shall be opened and properly recorded on the bid tabulation sheet. Subsequent to the bid opening, all bids shall be thoroughly evaluated and a determination made as to their compliance with applicable specifications. The appropriate County department head shall make this determination. Upon completion of the above determination, an analysis of all bids submitted shall be prepared and formally presented to the Board of County Commissioners for acceptance and approval of the lowest and/or best bid. The Board of County Commissioners reserves the right to accept or reject any and/or all bids and to waive any irregularities or informalities therein. Notice to Successful Bidders: The successful bidder will be notified by email or telephone as soon as possible after bids have been opened, tabulated, and analyzed. Notice to Unsuccessful Bidders: Unsuccessful bidders will not be notified. DEMANDSTAR POSTINGS Demandstar Website: Shawnee County open projects are posted on Demandstar as a secondary posting. Demandstar tracks broadcast and plan holder data. Bids must be submitted through the Shawnee County Bid Portal. Shawnee County Bid Portal: When an open project is posted, Shawnee County is not able to track who downloads project information off the bid portal website. Bids must be submitted through the Shawnee County Bid Portal to be considered. All projects are posted on the County website, not all projects are posted on the Demandstar website. Registration is free. Page 5 of 9 Form Rev 1/2023 TERMS AND CONDITIONS In the event that goods or services delivered by the vendor are unsatisfactory and remain unsatisfactory after a notice and an opportunity to correct the deficiencies, the County reserves the right to purchase substitute goods or services from the other bidders. Shawnee County reserves the right to negotiate separately with any vendor after the opening of this RFP when such action is considered in its best interest. Subsequent negotiations may be conducted, but such negotiations will not constitute acceptance, rejection or a counteroffer on the part of the County. Shawnee County interprets the term lowest responsible and best bidder as requiring Shawnee County to: A. Choose between the kinds of materials, goods, wares, or services subject to the proposal, and B. Determine which proposal is most suitable for its intended use or purpose. Shawnee County can consider among other factors such things as labor cost, service and parts availability and maintenance costs of items upon which proposals are received. Shawnee County can determine any differences or variations in the quality or character of the material, goods, wares or services performed or provided by the respective vendors. Shawnee County will award the bid. If the successful vendor refuses or fails to make deliveries of the materials/services within the times specified in the RFP, purchase order or contractual agreement, Shawnee County may by written notice, terminate the contract OR purchase order. The successful vendor will certify and warrant that goods, personal property, chattels, and equipment sold and delivered are free and clear of any and all liens, or claims of liens, for materials or services arising under, and by virtue of the provisions of K.S.A. 58-201, et seq., and any other lien, right, or claim of any nature or kind whatsoever. The vendor hereby certifies that he or she has carefully examined all of the documents for the project, has carefully and thoroughly reviewed this RFP, understands the nature and scope of the work to be done; and that this proposal is based upon the terms, specifications, requirements and conditions of the RFP, and documents. The vendor further agrees that the performance time specified is a reasonable time, having carefully considered the nature and scope for the project as aforesaid. Shawnee County will use discretion with regards to disclosure of proprietary information contained in any response, but cannot guarantee the information will not be made public. As a governmental entity, Shawnee County is subject to making records available for disclosure pursuant to the Kansas Open Records Act. Any confidential or proprietary information should be clearly marked. Shawnee County reserves the right to enter into agreements subject to the provisions of the Cash Basis Law (K.S.A. 10-1112 and 10-1113), the Budget Law (K.S.A.79-2935). Agreements shall be construed and interpreted so as to ensure that the County shall at all times stay in conformity with such laws, and as a condition of agreements the County reserves the right to unilaterally sever, modify, or terminate agreement at any time if, in the opinion of its legal counsel, the Agreement may be deemed to violate the terms of such law. The vendor certifies that this proposal is submitted without collusion fraud, or misrepresentation as to other vendors, so that all proposals for the project will result from free, open, and competitive proposing among all vendors. Page 6 of 9 Form Rev 1/2023 This RFP, responses thereto and any contract documents will be governed by the law of the State of Kansas. Any dispute arising out of the same will be litigated only within the courts of the State of Kansas. Vendor agrees that all data, documents, and information, regardless of form that is generated as a result of this RFP are the property of Shawnee County. The County shall not be liable to reimburse any vendor for the costs of creating, compiling or delivering the same to the County. By submission of a response, the proposer agrees that at the time of submittal, it: 1) has no interest (including financial benefit, commission, finders fee, or any other remuneration) and will not acquire any interest, either direct or indirect, that would conflict in any manner or degree with the performance of proposers services, or 2) benefit from an award resulting in a Conflict of Interest. A Conflict of Interest will include holding or retaining membership, or employment, on a board, elected office, department, division, or bureau, or committee sanctioned by and/or governed by the Board of Shawnee County Commissioners of the County of Shawnee, Kansas. Proposers will identify any interests, and the individuals involved, on separate paper with the response and will understand that the County may reject their proposal at its sole discretion. No gifts or gratuities of any kind shall be offered to any County employee at any time. The Proposer certifies that this proposal is submitted without collusion, fraud, or misrepresentation as to other Proposers, so that all proposals for the project will result from free, open, and competitive proposing. The County is exempt from the payment of Federal and excise taxes and from Kansas sales tax. Vendor credit agreements are prohibited. Unless otherwise stated in this document, payment will be made from vendor-submitted invoice(s) via ACH transfer, check, or credit card, net 30 days. Shawnee County will not complete any credit application or agree to credit terms supplied by vendor. Nondiscrimination: Shawnee County is committed to the concept of equal employment opportunity. All bidders and contractors are expected to comply with the provisions of K.S.A. 44-1030 and 44-1031, copies of which are attached and shall be a part of this contract and other applicable Federal and Kansas laws governing equal employment opportunity. In accordance with K.S.A 44-1030, vendor hereby agrees to the following: A. He or she will observe the provision of the Kansas Commission on Human Rights and will not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, national origin, ancestry, or physical disability. B. In all solicitations or advertisements for employees, he or she will include the phrase, Equal Opportunity Employer, or a similar phrase to be approved by the Kansas Commission on Human Rights. C. If he or she fails to comply with the manner in which he or she will be deemed to have breached the present contract, and it may be canceled, terminated, or suspended, in whole or in part, by Shawnee County, Kansas. D. If he or she is found guilty of a violation of the Kansas Act Against Human Rights under a decision, or order of the Kansas Commission on Human Rights which has become final, he or she will be deemed Page 7 of 9 Form Rev 1/2023 to have breached the present contract, and it may be canceled, terminated, or suspended, in whole or in part, by Shawnee County, Kansas; and, E. He or she will include the provisions of subsections (a) through (d) inclusively of this paragraph in every subcontract or purchase order so that such provision will be binding upon such subcontractor of vendor. Provisions of K.S.A. 44-1030 Statute: Mandatory provisions applicable to contracts of the state and other political subdivisions; cancellation, when; application to subcontract; non-application to certain contract. (a) Except as provided by subsection (c) of this session, every contract for or on behalf of the state or any county or municipality or other political subdivision of the state or any agency of or authority created by any of the foregoing, for the construction, alteration or repair of any public building or public work or for the acquisition of materials, equipment, supplies or services shall contain provisions by which the contractor agrees that: 1. The contractor shall observe the provisions of the Kansas act against discrimination and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex physical handicap unrelated to such persons ability to engage in the particular work, national origin or ancestry. 2. In all solicitations or advertisements for employees, the contractor shall include the phrase, equal opportunity employer, or a similar phrase to be approved by the commission. 3. If the contractor fails to comply with the manner in which the contractor reports to the commission in accordance with the provisions of K.S.A. 44-1032, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, whole or in part, by the contracting agency. 4. If the contractor is found guilty of a violation of the Kansas act against discrimination under a decision or order of the commission which has become final, the contractor shall be deemed to have breached the present contract and it may be cancelled, terminated or suspended, in whole or in part, by the contracting agency. 5. The contractor shall include the provisions of paragraphs one (1) through four (4) inclusively of this sub- section (a) in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor. (b) The Kansas commission on civil rights shall not be prevented hereby from requiring reports of contractors found to be not in compliance with the Kansas act against discrimination. (c) The provisions of this section shall not apply to a contract entered into by a contractor: (1) Who employs fewer than four (4) employees during the term of such contract; or (2) Whose contracts with the governmental entity letting such contract cumulatively total five thousand dollars ($5,000) or less during the fiscal year of such governmental entity. Provisions of K.S.A. 44-1031 Statute: Same; personnel to be used in performing contracts; reports; non-application to certain contractors. Every person, as defined in subsection (a) of K.S.A. 44-1002, who wishes to enter into a contract which is covered by the provisions of K.S.A. 44-1030 shall upon request of the commission, inform the commission in writing of the manner in which such person shall recruit and screen personnel to be used in performing the contract. The report shall be made on forms to be supplied by the commission. The provisions of K.S.A. 44-1030 and of this section shall not apply to any contractor who has already complied with the provisions Page 8 of 9 Form Rev 1/2023 of such sections by reason of holding a contract with the federal government or a contract involving federal funds. History: L.1972, ch.184, & 15; L. 1975, ch. 264, & 8; L. 1977, ch. 183, & 2; July 1. All questions regarding this bid should be posted on the online Electronic Bid System. For problems with the online Electronic Bid System, please contact: Shawnee County Audit Finance Department e-mail: Auditfinance@snco.us phone: (785) 251 4039 The undersigned agrees with all terms and conditions stated above: Signature _______________________________________________ Printed Name _______________________________________________ Title _______________________________________________ Email Address _______________________________________________ Phone Number _______________________________________________ mailto:Auditfinance@snco.us Page 9 of 9 Form Rev 1/2023 ATTACHEMENT 1 060-23 Vendor Name: ______________________________ 10-30-2023 Quotation Number: Date Issued: Closing Date: 11-17-2023, 2:00pm THE QUANTITIES LISTED ARE ESTIMATES AND SUBJECT TO CHANGE AS REQUIRED. Prices are to remain firm for the 2024 calendar year. Bidding Item Quantity Unit Price Total 1. Glass spheres lbs. $_____________/lb $________________ TOTAL BID PRICE: ________________________________________________________________________DOLLARS (In Written Format) Best (earliest) and Firm CY 2024 Delivery Date: ______________________________________________ _________________________________ BY:________________________________ COMPANY or FIRM NAME Please email auditfinance@snco.us if you are experiencing trouble with fillable forms and would like an alternate form. mailto:auditfinance@snco.us