REQUEST FOR PROPOSAL

COLD MIX ASPHALT

(February 15, 2023)

Ellis County Public Works is requesting proposals for mixing a minimum of 5000 tons with a maximum tonnage to be determined at a later date of cold mix asphalt material for use in our 2023 asphalt program. Base bid shall be for contractor to supply aggregates ( ½” chips, ¼” screenings and sand) and mixing for the cold mix with Ellis County separately contracting asphalt oil (emulsion). Contractor will be required to mix asphalt utilizing Ellis County’s and KDOT’s Standards and Specifications as stated in paragraph two (2) of this Request for Proposal. The contractor will furnish all labor, equipment and fuel necessary to mix and deliver product to Ellis County Public Works Road & Bridge Division locations at 1195 280 ^th Avenue, Hays, Kansas or Ellis Yard, 500 East 9 ^th Street, Ellis, Kansas. An alternative option may be considered to permit Ellis County Public Works to transport the finished product. Contractor may propose alternate site for consideration by Ellis County during the selection process . Also, contractor shall produce and stockpile product for Ellis County to haul from location as needed during the 2023 Asphalt Season. The work shall consist of providing aggregate materials, running and drying materials through your drum mixer asphalt plant and adding County furnished asphalt oil. Ellis County will provide asphalt from our asphalt supplier at the percentage we desire.

All asphalt mixing shall conform to the Requirements of Division 600 of the Standards and Specifications for State Road and Bridge Construction and Kansas Department of Transportation, with special attention given to temperatures. Maximum temperatures of the finished product from the discharge chute shall be no more than 185 to 200 degrees Fahrenheit for the use of CMS-1 emulsion asphalt. Workability of the finished product must be maintained, and stockpile workability and longevity must be maintained. All produced asphalt will ultimately be bladed on Ellis County roads by county forces. Weight of the total mix shall be based on the mixing plant aggregate totalizer or a calculated weight obtained from scales provided by the contractor. Fiscal Year 2023 mix components are 15% ½” chips, 65% ½” sand, and 20% ¼” screenings, with an estimated 5.8-6.25% emulsion. A second mix component may be considered with 60% sand, and 40% Quartzite screenings with an estimated 6.8% to 7.0% emulsion. Final gradations and mix quantities will be provided prior to notice to proceed. (Only CMS-1 emulsion asphalt shall be considered for the asphalt mix design).

Ellis County requires that all products shall be available and transported or stockpiled at pre-approved site no later than May 31, 2023. Liquidated damages in the amount of $500.00 for each calendar day, exclusive of Sundays and legal holidays, shall be charged for each day that the work remains uncompleted. When requested, respective contractor shall perform extraction tests on site to ensure the finished product will meet the specific mix design as furnished by the County Public Works Director. All test results shall be documented and provided to the Ellis County Public Works Director, 1195 280 ^th Avenue, Hays, KS 67601. A preproduction dry sample shall be required prior to commencement of mixing asphalt and submitted to our office 24 hours prior to production.

All materials shall be guaranteed as specified in scope of work and shall be completed as date specified in Request for Bid Proposal. Upon unforeseen circumstances, a written notification shall be required and submitted to the Ellis County Public Works Director for approval of extension. If approval is granted, extension shall not exceed 10 days. NO exceptions, alterations or deviations from the County requested specifications shall occur without written orders indicating change or modifications from Ellis County.

Contractor shall furnish all Worker’s Compensation and Liability Insurance pertaining to the accepted contract. Please include any references you may have regarding your previous customers and experience in cold mix asphalt mixing.

If you are interested in submitting a bid proposal related to our 2023 asphalt mix requirements, please do so in the following manner.

Proposal shall be submitted by mail or by hand to:

Ellis County Public Works

1195 280 ^th Avenue

Hays, KS 67601

(Bids submitted by email will not be accepted)

All bid proposals must be received no later than Thursday, March 16, 2023, at 1:00 p.m. at the Ellis County Public Works Road & Bridge Division office in Hays, Kansas, at which time and place, all properly received proposals will be publicly opened and read aloud. All bidders are encouraged to be present for the proposal opening. Proposals shall be submitted in a sealed envelope clearly marked on outside stating “2023 Asphalt Mix Proposal”. Proposals received after the deadline will be returned to sender unopened. Ellis County reserves the right to reject any or all proposals and to waive all informalities and irregularities in the bidding process.

BY SUBMITTING THIS PROPOSAL, THE VENDOR AGREES TO ALL TERMS SET FORTH HEREIN AND

WILL PROVIDE THE SPECIFIED MATERIALS AT THE PRICE STATED HEREIN. VENDOR FURTHER CERTIFIES

THAT THEY ARE THE ONLY AUTHORIZED DEALER OR REPRESENTATIVE FOR THE PROPOSED MATERIALS.

ALL PROPOSALS SHALL BE BINDING UPON THE VENDOR FOR 30 DAYS FROM DATE OF OPENING, AND

UPON EXECUTION OF PURCHASE ORDER BY ELLIS COUNTY.

ELLIS COUNTY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY OR ALL PROPOSALS AND/OR SELECT THE PROPOSAL CONSIDERED IN THE BEST INTEREST OF ELLIS COUNTY.

If you have questions regarding this Request for Proposal, please contact Road & Bridge Supervisor, Curt Hoffman and/or Public Works Director, Brendan Mackay at 785-628-9455.

Sincerely,

Brendan Mackay

Public Works Director

Ellis County, KS

Request for Proposal Form

Company Name _______________________________________________________________

Date Submitted _______________________________________________________________

Bid Price/Mixing:

Options for bids #1 & #2 - Deduction for Ellis County Supplied Per Aggregate/Per Ton of Mixed Asphalt:

Sand Per Ton $_______________

Screenings Per Ton $_______________

Chips Per Ton $_______________

Estimated Job Start Date Per County Specifications _____________________________________________

Estimated Completion Date Per County Specifications ___________________________________________

Signature of Owner/Representative __________________________________________________________

(Signature) (Print Name)

Exceptions _______________________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

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Each vendor assumes all responsibility in obtaining all information required for submission of proposals and acquainting themselves with submission procedures. In presenting said proposal, vendor acknowledges acceptance of said responsibility. All proposals shall be binding upon the vendor for 30 days following opening. All proposals must be clearly identified and descriptive. Prices must not be noted on supporting literature. Proposals determined to not comply with submission criteria may be rejected.

All proposals shall be submitted F.O.B. as indicated on the Request for Proposal Form.

All practices, materials, supplies, and equipment shall comply with the Federal Occupational Safety and Health Act, as well as any pertinent and applicable federal, state, and/or local safety or environmental regulations.

All contractual agreements shall be subject to and governed by and construed according to the laws of the State of Kansas.

In submitting this proposal, the vendor declares that he/she is the only person interested in the said proposal; that it is made without any connection with any person or persons making another proposal for the same contract; that the proposal is in all respects fair and without collusion, fraud, or misrepresentation, and that he/she is qualified and authorized to make said proposal.

HOLD HARMLESS: The vendor agrees to protect, defend, indemnify and hold the Board of County Commissioners, it's officers, employees, and agents, free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligation, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this agreement and/or performance thereof.

Without limiting the generality of the foregoing, all such claims, etc., relating to personal injury, infringement of any patent, trademark, copyright, or application for any thereof, or of any other tangible or intangible personal or property right, or actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation, or decree of any court, shall be included in the indemnity hereunder. The vendor further agrees to investigate, handle, respond to, provide defense for and defend any such claims, etc., at his/her sole expense and agrees to bear all other costs and expenses related thereto, even if such claim is groundless, false or fraudulent.