Agenda 04/12/2016 Item #16A20 Proposed Agenda Changes
Board of County Commissioners Meeting
April 12,2016
Add on Item 10E to be heard at 10:00 a.m.: Recommendation to consider information presented
by Gary Price,Fifth Avenue Advisors,regarding potential Spring Training facility for the Atlanta
Braves. (Commissioner Fiala's request)
Withdraw Item 10E from the agenda to be rescheduled to a future BCC Meeting Agenda to allow
adequate public notice: Recommendation to consider information presented by Gary Price,Fifth
Avenue Advisors,regarding potential Spring Training facility for Atlanta Braves. (Commissioner
Henning's request)
Add On Item 10F: Recommendation to direct the County Attorney and County Manager to
ensure compliance with the Local Government Prompt Payment Act and the Collier County
Procurement Ordinance as it pertains to the prompt payment of vendors. (Commissioner Hiller's
request)
Continue Item 16A7 to April 26,2016 BCC Meeting: Recommendation to award Invitation to Bid
(ITB)# 16-6537R "Annual Contract for Landscape Maintenance" to primary,secondary and
tertiary contractors. (Staff's request)
Move Item 16A20 to Item 11B: Recommendation to
award Invitation to Bid (ITB) #16-6541 "Roadway
Paint, Thermoplastic Markings, and Raised Markers"
to McShea Contracting, LLC as the primary
contractor. (Commissioner Henning's request)
Move Item 16D4 to Item 11C: Recommendation to approve change order#1 to McGee&
Associates for safety improvements associated with the design plans to the sidewalk/pathway
connecting the Collier County beach parking lot at the end of Seagate Drive to the North Gulf
Shore Boulevard beach access for$5,140 and make a finding that this expenditure promotes
tourism. (Commissioner Taylor's request)
Move Item 16E5 to Item 11D: Recommendation to authorize the Division of Emergency
Management to purchase food and drinks for the flight crew and support personnel from the
National Hurricane Center during the public aircraft static display at the Naples Airport(not to
exceed $500). (Commissioner Taylor and Commissioner Fiala's separate requests)
Move Item 16H6 to Item 4I: Proclamation designating April 10-16,2016 as Crime Victim's Week in
Collier County and recognizing the Collier County Sheriff's Office,State Attorney's Office,20th Judicial
Circuit and Project HELP,Inc.who are joining forces with victim service programs,criminal justice officials,
4/12/2016 16.A.20.
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) # 16-6541 "Roadway Paint,
Thermoplastic Markings, and Raised Markers" to McShea Contracting, LLC as the
primary contractor.
OBJECTIVE: To provide road maintenance services in the application, installation, and removal of
pavement marking tape, symbols, legends, raised pavement markers, painted and thermoplastic lines,
and other related services on an as-needed basis for all County departments.
CONSIDERATIONS: On January 20, 2016, the County advertised Invitation to Bid #16-6541 for
the "Roadway Paint, Thermoplastic Markings, and Raised Markers" on the Collier County Online
Bidding System. There were seven hundred one (701) notices sent, of which thirty-nine (39) firms
downloaded the bid documents, and three(3) submitted bids by the February 22, 2016 deadline date.
After review, McShea Contracting, LLC was the lowest overall bidder. During the bid evaluation
process, Paramount Asphalt Sealcoating Corporation contacted County representatives on March 7,
2016, and confirmed their intent to protest the bid award pursuant to the Board's Procurement
Ordinance. The protest was heard by the Procurement Director who reviewed the allegations and
facts. The bid protest was denied. Paramount Asphalt Sealcoating Corporation did not exercise their
option to appeal the Procurement Director findings.
Staff contacted McShea Contracting LLC, the low bidder, and Paramount Sealcoating Corporation,
the second low bidder to clarify line item prices and number of years of experience during the final
evaluation of the offering. The solicitation document required five (5) years business experience as
outlined in the specification document, Item II. Qualifications, that states "Contractor must be
organized for the purpose of providing pavement markings and painted traffic stripes with five (5)
years business experience with proven capabilities." Because Paramount Sealcoating Corporation
only has one (1) year of business experience, it does not meet the minimum requirements of the
solicitation. The next low bidder's, Akca Inc., offering was approximately twice as much as the low
bidder. Below is a summarization of the results for McShea Contracting, LLC.
McShea Contracting,LLC Primary Vendor: $27, 246.45
Staff is recommending that ITB #16-6541 be solely awarded to McShea Contracting, LLC as the
primary contractor. Staff will issue a standard County purchase order (PO). The bid tabulation has
been attached for review.
FISCAL IMPACT: The Road Maintenance Division of the Growth Management Depaituient has
funding budgeted from the following accounts: 101-163620 and 313-163673, projects 60077 and
60131. Other departments that will require these services for projects shall come from their
individual budgets.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact is associated
with this Executive Summary.
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LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved
as to form and legality, and requires majority vote for approval.—SRT
RECOMMENDATION: That the Board awards Invitation to Bid #16-6541 to McShea
Contracting,LLC as the primary contractor.
Prepared by: Melissa Pearson, CPPB, Contract Administration Specialist, Road Maintenance
Division, Growth Management Department.
Attachments:
1) Solicitation document
2) Bid tabulation
3) Paramount Formal Protest Request
4) Collier County's Protest Findings and Conclusions
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.16.A.16.A.20.
Item Summary: Recommendation to award Invitation to Bid (ITB)# 16-6541 "Roadway
Paint,Thermoplastic Markings, and Raised Markers" to McShea Contracting, LLC as the primary
contractor and Paramount Asphalt Sealcoating Corporation as the secondary contractor.
Meeting Date: 4/12/2016
Prepared By
Name: PearsonMelissa
Title: Contract Administration Specialist,Road Maintenance
3/16/2016 1:13:34 PM
Submitted by
Title: Contract Administration Specialist,Road Maintenance
Name: PearsonMelissa
3/16/2016 1:13:35 PM
Approved By
Name: LaPierreBarbara
Title:Management/Budget Analyst,Capital Construction&Maintenance Budget/Fiscal
Date: 3/16/2016 1:55:57 PM
Name: TaylorLisa
Title: Management/Budget Analyst, Senior, Capital Construction&Maintenance Budget/Fiscal
Date: 3/16/2016 2:26:18 PM
Name: LynchDiane
Title: Supervisor-Operations,Road Maintenance
Date: 3/16/2016 2:31:57 PM
Name: ShueGene
Title: Division Director-Operations Support,Growth Management Department
Date: 3/16/2016 3:48:19 PM
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Name: GossardTravis
Title: Division Director-Road Maintenance,Road Maintenance
Date: 3/17/2016 9:28:19 AM
Name: EvelynColon
Title: Procurement Specialist,Procurement Services
Date: 3/22/2016 9:41:49 AM
Name: JohnsonScott
Title: Manager-Procurement,Procurement Services
Date: 3/22/2016 10:25:06 AM
Name: MarkiewiczJoanne
Title: Division Director-Procurement Services,Procurement Services
Date: 3/23/2016 9:21:50 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 3/23/2016 4:33:23 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Administration
Date: 3/28/2016 11:12:05 AM
Name: TeachScott
Title: Deputy County Attorney, County Attorney
Date: 3/28/2016 11:50:19 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/28/2016 1:29:05 PM
Name: IsacksonMark
Title: Division Director-Corp Fin&Mgmt Svc, Office of Management&Budget
Date: 3/28/2016 2:07:16 PM
Name: CasalanguidaNick
Title: Deputy County Manager, County Managers Office
Date: 4/4/2016 3:51:25 PM
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Cote-r County
Administrative Services Department
Procurement Services Div=ision
INVITATION TO BID
Date: January 20, 2016
From: Evelyn Colon, Procurement Strategist
(239) 252-2667 (Telephone)
(239) 252-2810 (FAX)
evelyncolon @colliergov.net (Email)
To: Prospective Vendors
Subject: Solicitation: 16-6541 Roadway Paint, Thermoplastic Markings and Raised
Markers
As requested by the Growth Management Department, the Collier County Board of
County Commissioners Purchasing Department has issued this ITB for the purpose of
obtaining fair and competitive responses.
Please refer to the Public Notice included in this document for the opening date and
time and any applicable pre-ITB conference.
All questions regarding this ITB must be submitted online on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. All
responses to questions will be posted on the website with electronic notification to all
prospective vendors.
We look forward to your participation in Collier County's competitive procurement
process.
cc: Travis Gossard, Division Director, Road Maintenance Division
Note: All ITB responses submitted must include one (1) original labeled MASTER,
along with one exact duplicate copies, including all required forms.
Prccu went r l Dp.isicn•3327 Tantiami Trail East•Na res,9orida 34112-44901•239-252-8407•SYWN caC!lergay.nettprocurementservlces
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Invitation to Bid
Index
Public Notice 3
Exhibit I: Scope of Work, Specifications and Response Format 4
Exhibit II: General Bid Instructions 6
Exhibit III: Standard Purchase Order Terms and Conditions 12
Exhibit IV: Additional ITB Terms and Conditions 15
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 21
Attachment 2: Vendor's Check List 22
Attachment 3: Vendor Submittal - Bid Response Form 23
Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 25
Attachment 5: Vendor Submittal— Immigration Affidavit 26
Attachment 6: Vendor Substitute W—9 27
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 28
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coder Coisnty
Administrative Services Department
Procurement Services Division
Public Notice
Sealed bid responses for Solicitation# 16-6541 Roadway Paint, Thermoplastic Markings
and Raised Markers, will be received electronically only at the Collier County Government,
Purchasing Department, 3327 Tamiami Trail E, Naples, FL 34112 until 3:00PM, Collier County
local time on February 22, 2016. Solicitation responses received after the stated time and date
will not be accepted.
Solicitation# 16-6541 Roadway Paint, Thermoplastic Markings and Raised Markers
All questions regarding this ITB must be submitted online on the Collier County Purchasing
Department Online Bidding System website: www.colliergov.net/bid. All responses to questions
will be posted on the website with electronic notification to all prospective vendors.
All solicitation responses must be made on the official ITB response form included and only
available for download from the Collier County Purchasing Department Online Bidding System
website noted herein. ITB Documents obtained from sources other than Collier County
Purchasing may not be accurate or current.
Collier County encourages vendors to utilize recycled paper on all manual bid response
submittals.
Collier County does not discriminate based on age, race, color, sex, religion, national origin,
disability or marital status.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: /s/Joanne Markiewicz
Director, Procurement Services Division
Publicly posted on the Collier County Purchasing Department website:
www.colliergov.net/purchasing and in the lobby of the Purchasing Building on January 20, 2016.
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Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County Growth Management Department (hereinafter, the "Department"),
the Collier County Board of County Commissioners Procurement Services Division (hereinafter,
"County") has issued this Invitation to Bid (hereinafter, "ITB")with the intent of obtaining bids from
interested and qualified firms in accordance with the terms, conditions and specifications stated or
attached. The Vendor, at a minimum, must achieve the requirements of the Scope of Work and
specifications stated.
The results of this solicitation may be used by other County departments once awarded according to
the Board of County Commissioners Purchasing Policy.
Detailed Scope of Work
See Exhibit A— Specifications
Award Criteria
•
ITB award criteria is as follows:
• All questions on the Bid document shall be answered as to price(s), time requirements, and
required document submissions.
• Award shall be based upon the responses to all questions on the Bid Response Page(s).
• Further consideration may include but not be limited to, references, completeness of bid
response and past performances on other County bids/projects.
• Prices will be read in public exactly as input on the electronic bid response form or written on
the manually submitted Bid Response Page(s) at the time of the bid opening; however, should
an error in calculations occur whenever unit pricing and price extensions are requested, the
unit price shall prevail. Mathematical miscalculations may be corrected by the County to
reflect the proper response.
• The County's Purchasing Department reserves the right to clarify a vendor's proposal prior to
the award of the solicitation.
• It is the intent of Collier County to award to the lowest, qualified and responsive vendor(s) in
accordance with the following methodology:
Award will be based on the lowest most responsive bid total on a Primary/Secondary basis.
• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select primary/secondary awardees.
• The County reserves the right to issue a formal contract or standard County Purchase Order
for the award of this solicitation.
• The resultant contract(s) may include purchase or work orders issued under one, or any
combination of price methodologies by the County's project manager:
Unit Price: the County agrees to pay a firm total fixed price (inclusive of all costs, including
labor, materials, equipment, overhead, etc.)for a repetitive product or service delivered (i.e.
installation price per ton, delivery price per package or carton, etc.). The invoice must identify
the unit price and the number of units received (no contractor inventory or cost verification
required).
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Term of Contract
The contract term, if an award(s) is/are made is intended to be for two (2) years with one (1) two
(2) year renewal option.
Prices shall remain firm for the initial term of this contract. Requests for consideration of a price
adjustment must be made prior to the contract anniversary date, in writing, to the Procurement
Director. Price adjustments are dependent upon the consumer price index (CPI) over the past
twelve (12) months, budget availability and program manager approval.
Surcharges will not be accepted in conjunction with this contract, and such charges should be
incorporated into the pricing structure.
Projected Timetable
Event Date
Issue Solicitation Notice January 20, 2016
Last Date for Receipt of Written Questions February 8, 2016 @
3:00PM
Solicitation Deadline Date and Time February 22, 2016 @
3:00PM
Anticipated Evaluation of Submittals February 26, 2016
Anticipated Board of County Commissioner's Contract Approval Date March 2016
Vendor Required Documents
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 5: Immigration Law Affidavit
• Attachment 6: Vendor Substitute W-9
• Attachment 7: Insurance and Bonding Requirement
• E-Verify
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Exhibit II: General Bid Instructions
1. Purpose/Objective
As requested by the Collier County departments or divisions identified in Exhibit 1, the Collier
County Board of County Commissioners Purchasing Department (hereinafter, the County) has
issued this Invitation to Bid (hereinafter, the "ITB", or"Bid")with the sole purpose and intent of
obtaining bid responses from interested and qualified firms in accordance with the terms,
conditions, and specifications stated and/or attached herein/hereto. The successful vendor will
hereinafter be referred to as the "Vendor"
All bids must be submitted on the Bid form furnished by the County noted in Attachments
2, 3, 4, 5, 6, and 7 of this ITB. No bid will be considered unless the Bid form is properly
signed. Vendor is responsible to read and follow the instructions very carefully, as any
misinterpretation or failure to comply with these instructions could lead to the bid submitted as
being rejected as non-responsive.
2. Pricing
Vendors must provide unit prices using the unit of measured specified by the County. All prices
will remain firm for a period of one hundred and eighty (180) calendar days from date of bid
opening. After award by the Board of County Commissioners, prices may only be adjusted as
outlined in Exhibit I: Term of Contract.
3. Alternate Bid Pricing
In the event that alternate pricing is requested, it is an expressed requirement of the bid to provide
pricing for all alternates as listed. The omission of a response or a no-bid or lack of a submitted
price will be the basis for the rejection of the submitted bid response. All bids responses received
without pricing for all alternates as listed will be considered technically non-responsive and will not
be considered for award.
4. Equal Product
Manufacturer's name, brand name and/or model number are used in these specifications for the
purpose of establishing minimum requirements of level of quality, standards of performance and/or
design required, and is in no way intended to prohibit the bidding of other manufacturer's items of
equal or similar material. An equal or similar product may be bid, provided that the product is
found to be equal or similar in quality, standard of performance, design, etc. to the item specified.
Where an equal or similar is bid, the Bid must be accompanied with two (2) complete sets of
factory information sheets (specifications, brochures, etc.) and test results, if applicable, of unit bid
as equal or similar.
Equal product samples, if required for evaluation, and at no cost to the County, must be submitted
with Bid. Unless otherwise directed in the solicitation, the bid will not be considered unless
samples are delivered to specified address by bid due date. The County shall be sole judge of
equality or similarity, and its decision shall be final in the best interest.
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5. Discounts
Any discounts or terms must be shown on the Bid form. Such discounts, if any, may be
considered in the award of tie bids. In no instance should payment terms less than fifteen (15)
calendar days be offered.
6. Exceptions
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal.
7. Addenda
The County reserves the right to formally amend and/or clarify the requirements of the bid
specifications where it deems necessary. Any such addendum/clarification shall be in writing and
shall be distributed electronically to all parties who received the original bid specifications prior to
the deadline for submission of Bids. All changes to this ITB will be conveyed electronically through
a notice of addendum or questions and answers to all vendors registered under the applicable
commodity code(s) at the time when the original ITB was released, as well as those vendors who
downloaded the ITB document. Additionally, all addendums are posted on the Collier County
Purchasing Department Online Bidding System website: www.colliergov.net/bid. Before submitting
a bid response, please make sure that you have read all, understood clearly and complied
completely with any changes stated in the addenda as failure to do so may result in the rejection
of your submittal.
8. Bid Submission
All electronic bids shall be submitted online via the Collier County Purchasing Department Online
Bidding System: www.colliergov.net/bid.
9. Questions
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be
answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department Online Bidding System website. For
general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
10. Protests
Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County's then current purchasing ordinance and policies.
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11. Rejection and Waiver
The County reserves the right to reject any and all bids, to waive defects in the form of bid, also to
select the bid that best meets the requirements of the County.
Vendors whose bids, past performance or current status do not reflect the capability, integrity or
reliability to fully and in good faith perform the requirements denoted may be rejected as non-
responsive. Bids that do not meet all necessary requirements of this solicitation or fail to provide
all required information, documents or materials may be rejected as non-responsive.
12. Local Vendor Preference (LVP)
The County is using the Competitive Sealed Quotation methodology of source selection for this
procurement, as authorized by Ordinance Number 2013-69 establishing and adopting the Collier
County Purchasing Ordinance.
Local business means the vendor has a current Business Tax Receipt issued by the Collier
County Tax Collector for at least one year prior to bid or proposal submission to do business
within Collier County, and that identifies the business with a permanent physical business address
located within the limits of Collier County from which the vendor's staff operates and performs
business in an area zoned for the conduct of such business. A Post Office Box or a facility that
receives mail, or a non-permanent structure such as a construction trailer, storage shed, or other
non-permanent structure shall not be used for the purpose of establishing said physical address.
In addition to the foregoing, a vendor shall not be considered a "local business" unless it
contributes to the economic development and well-being of Collier County in a verifiable and
measurable way. This may include, but not be limited to, the retention and expansion of
employment opportunities, support and increase to the County's tax base, and residency of
employees and principals of the business within Collier County. Vendors shall affirm in writing their
compliance with the foregoing at the time of submitting their bid or proposal to be eligible for
consideration as a "local business" under this section. A vendor who misrepresents the Local
Preference status of its firm in a proposal or bid submitted to the County will lose the privilege to
claim Local Preference status for a period of up to one year.
Under this solicitation, bidders desiring to receive local preference will be invited and required to
affirmatively state and provide documentation as set forth in the solicitation in support of their
status as a local business. Any bidder who fails to submit sufficient documentation with their bid
offer shall not be granted local preference consideration for the purposes of that specific
contract award. Except where federal or state law, or any other funding source, mandates to the
contrary, Collier County and its agencies and instrumentalities, will give preference to local
businesses in the following manner.
Competitive bid (local price match option). Each formal competitive bid solicitation shall
clearly identify how the price order of the bids received will be evaluated and determined.
When a qualified and responsive, non-local business submits the lowest price bid, and the bid
submitted by one or more qualified and responsive local businesses is within ten percent of the
price submitted by the non-local business, then the local business with the apparent lowest bid
offer (i.e., the lowest local bidder) shall have the opportunity to submit an offer to match the
price(s), less one (1) dollar, offered by the overall lowest, qualified and responsive bidder. In
such instances, staff shall first verify if the lowest non-local bidder and the lowest local bidder
are in fact qualified and responsive bidders. Next, the Purchasing Department shall determine if
the lowest local bidder meets the requirements of Fla. Stat. Sec.287.087 (Preferences to
businesses with drug-free workplace programs). If the lowest local bidder meets the
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requirements of Fla. Stat. Sec. 287.087, the Purchasing Department shall invite the lowest
local bidder to submit a matching offer, less one (1) dollar, within five (5) business days
thereafter. If the lowest local bidder submits an offer that fully matches the lowest bid, less
one (1) dollar, from the lowest non-local bidder tendered previously, then award shall be made
to the local bidder. If the lowest local bidder declines or is unable to match the lowest non-local
bid price(s), then award will be made to the lowest overall qualified and responsive bidder. If the
lowest local bidder does not meet the requirement of Fla. Stat. Sec 287.087, and the lowest
non-local bidder does, award will be made to the bidder that meets the requirements of the
reference state law.
Bidder must complete and submit with their bid response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation.
Failure on the part of a Bidder to submit this Affidavit with their bid response will preclude
said Bidder from being considered for local preference on this solicitation.
A Bidder who misrepresents the Local Preference status of its firm in a bid submitted to the
County will lose the privilege to claim Local Preference status for a period of up to one (1) year.
The County may, as it deems necessary, conduct discussions with responsible bidders
determined to be in contention for being selected for award for the purpose of clarification to
assure full understanding of, and responsiveness to solicitation requirements.
13. Immigration Affidavit Certification
Statutes and executive orders require employers to abide by the immigration laws of the United
States and to employ only individuals who are eligible to work in the United States.
The Employment Eligibility Verification System (E-Verify) operated by the Department of
Homeland Security (DHS) in partnership with the Social Security Administration (SSA), provides
an Internet-based means of verifying employment eligibility of workers in the United States; it is
not a substitute for any other employment eligibility verification requirements. The program will be
used for Collier County formal Invitations to Bid (ITB) and Request for Proposals (RFP) including
professional services and construction services.
Exceptions to the program:
• Commodity based procurement where no services are provided.
• Where the requirement for the affidavit is waived by the Board of County
Commissioners
Vendors/ Bidders are required to enroll in the E-Verify program, and provide acceptable evidence
of their enrollment, at the time of the submission of the vendor's/bidder's proposal. Acceptable
evidence consists of a copy of the properly completed E-Verify Company Profile page or a copy of
the fully executed E-Verify Memorandum of Understanding for the company. Vendors are also
required to provide the Collier County Purchasing Department an executed affidavit certifying they
shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If
the BidderNendor does not comply with providing both the acceptable E-Verify evidence
and the executed affidavit the bidder's /vendor's proposal may be deemed non-responsive.
Additionally, vendors shall require all subcontracted vendors to use the E-Verify system for all
purchases not covered under the "Exceptions to the program" clause above.
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For additional information regarding the Employment Eligibility Verification System (E-Verify)
program visit the following website: http://www.dhs.gov/E-Verify. It shall be the vendor's
responsibility to familiarize themselves with all rules and regulations governing this program.
Vendor acknowledges, and without exception or stipulation, any firm(s) receiving an award shall
be fully responsible for complying with the provisions of the Immigration Reform and Control Act of
1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be
amended and with the provisions contained within this affidavit. Failure by the awarded firm(s) to
comply with the laws referenced herein or the provisions of this affidavit shall constitute a breach
of the award agreement and the County shall have the discretion to unilaterally terminate said
agreement immediately.
14. Lobbying
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid opening to
final Board approval, no firm or its agent shall contact any other employee of Collier County with
the exception of the Purchasing Department.
15. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute
607.1501)
In order to be considered for award, firms must be registered with the Florida Department of State
Divisions of Corporations in accordance with the requirements of Florida Statute 607.1501 and
provide a certificate of authority (www.sunbiz.orq/search.html) prior to execution of a contract. A
copy of the document may be submitted with the solicitation response and the document number
shall be identified. Firms who do not provide the certificate of authority at the time of response
shall be required to provide same within five (5) days upon notification of selection for award. If the
firm cannot provide the document within the referenced timeframe, the County reserves the right
to award to another firm.
16. General Information
When it is deemed by the County that a bid cannot be awarded as originally intended, the County
reserves the right to award this bid through an approach which is the best interest of the County.
Alternate bids will not be considered unless authorized by the ITB. In case of identical bids tying
as low bid, the County shall ask vendors to submit certification that they have a drug-free
workplace in accordance with Section 287.087 Florida Statutes. Should all vendors provide said
certification; the County will give local vendor preference.
17. Bid Award Process
Award of contract will be made by the Board of County Commissioners in public session.
Award shall be made in a manner consistent with the County's Purchasing Policy. Award
recommendations will be posted outside the offices of the Purchasing Department as well as on
the Collier County Purchasing Department website on Wednesdays and Thursdays prior to the
County Commission meetings.
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Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Procurement Director within two (2) calendar
days (excluding weekends and County holidays) of the date that the recommended award is
posted. Upon filing of said notice, the protesting party will have five (5) days to file a formal
protest and will be given instructions as to the form and content requirements of the formal protest.
A copy of the "Protest Policy" is available at the office of the Procurement Director.
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Exhibit III: Standard Purchase Order Terms and Conditions
1. Offer delivery; provided that risk of loss prior to
This offer is subject to cancellation by the actual receipt of the goods by the COUNTY
COUNTY without notice if not accepted by nonetheless remain with VENDOR.
VENDOR within fourteen (14)days of issuance. b) No charges will be paid by the COUNTY for
packing, crating or cartage unless otherwise
2. Acceptance and Confirmation specifically stated in this Purchase Order.
This Purchase Order (including all documents Unless otherwise provided in Purchase
attached to or referenced therein) constitutes Order, no invoices shall be issued nor
the entire agreement between the parties, unless payments made prior to delivery. Unless
otherwise specifically noted by the COUNTY on freight and other charges are itemized, any
the face of this Purchase Order. Each delivery of discount will be taken on the full amount of
goods and/or services received by the COUNTY invoice.
from VENDOR shall be deemed to be upon the c) All shipments of goods scheduled on the
terms and conditions contained in this Purchase same day via the same route must be
Order. consolidated. Each shipping container must
be consecutively numbered and marked to
No additional terms may be added and Purchase show this Purchase Order number. The
Order may not be changed except by written container and Purchase Order numbers must
instrument executed by the COUNTY. VENDOR be indicated on bill of lading. Packing slips
is deemed to be on notice that the COUNTY must show Purchase Order number and
objects to any additional or different terms and must be included on each package of less
conditions contained in any acknowledgment, than container load (LCL) shipments and/or
invoice or other communication from VENDOR, with each car load of equipment. The
notwithstanding the COUNTY'S acceptance or COUNTY reserves the right to refuse or
payment for any delivery of goods and/or return any shipment or equipment at
services, or any similar act by VENDOR. VENDOR'S expense that is not marked with
Purchase Order numbers. VENDOR agrees
3. Inspection to declare to the carrier the value of any
All goods and/or services delivered hereunder shipment made under this Purchase Order
shall be received subject to the COUNTY'S and the full invoice value of such shipment.
inspection and approval and payment therefore d) All invoices must contain the Purchase Order
shall not constitute acceptance. All payments are number and any other specific information as
subject to adjustment for shortage or rejection. identified on the Purchase Order. Discounts
All defective or nonconforming goods will be of prompt payment will be computed from the
returned pursuant to VENDOR'S instruction at date of receipt of goods or from date of
VENDOR'S expense. receipt of invoices, whichever is later.
Payment will be made upon receipt of a
To the extent that a purchase order requires a proper invoice and in compliance with
series of performances by VENDOR, the Chapter 218, Fla. Stats., otherwise known as
COUNTY prospectively reserves the right to the "Local Government Prompt Payment
cancel the entire remainder of the Purchase Act," and, pursuant to the Board of County
Order if goods and/or services provided early in Commissioners Purchasing Policy.
the term of the Purchase Order are
non-conforming or otherwise rejected by the 5. Time Is Of the Essence
COUNTY. Time for delivery of goods or performance of
services under this Purchase Order is of the
4. Shipping and Invoices essence. Failure of VENDOR to meet delivery
a) All goods are FOB destination and must be schedules or deliver within a reasonable time, as
suitably packed and prepared to secure the interpreted by the COUNTY in its sole judgment,
lowest transportation rates and to comply shall entitle the COUNTY to seek all remedies
with all carrier regulations. Risk of loss of available to it at law or in equity. VENDOR
any goods sold hereunder shall transfer to agrees to reimburse the COUNTY for any
the COUNTY at the time and place of expenses incurred in enforcing its rights.
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VENDOR further agrees that undiscovered VENDOR shall indemnify and hold harmless the
delivery of nonconforming goods and/or services COUNTY from any and all claims, including
is not a waiver of the COUNTY'S right to insist claims of negligence, costs and expenses,
upon further compliance with all specifications. including but not limited to attorneys' fees, arising
from, caused by or related to the injury or death
6. Changes of any person (including but not limited to
The COUNTY may at any time and by written employees and agents of VENDOR in the
notice make changes to drawings and performance of their duties or otherwise), or
specifications, shipping instructions, quantities damage to property (including property of the
and delivery schedules within the general scope COUNTY or other persons), which arise out of or
of this Purchase Order. Should any such change are incident to the goods and/or services to be
increase or decrease the cost of, or the time provided hereunder.
required for performance of the Purchase Order,
an equitable adjustment in the price and/or 11. Warranty of Non-Infringement
delivery schedule will be negotiated by the VENDOR represents and warrants that all goods
COUNTY and VENDOR. Notwithstanding the sold or services performed under this Purchase
foregoing, VENDOR has an affirmative obligation Order are: a) in compliance with applicable laws;
to give notice if the changes will decrease costs. b) do not infringe any patent, trademark,
Any claims for adjustment by VENDOR must be copyright or trade secret; and c) do not constitute
made within thirty (30) days from the date the unfair competition.
change is ordered or within such additional
period of time as may be agreed upon by the VENDOR shall indemnify and hold harmless the
parties. COUNTY from and against any and all claims,
including claims of negligence, costs and
7. Warranties expense, including but not limited to attorneys'
VENDOR expressly warrants that the goods fees, which arise from any claim, suit or
and/or services covered by this Purchase Order proceeding alleging that the COUNTY'S use of
will conform to the specifications, drawings, the goods and/or services provided under this
samples or other descriptions furnished or Purchase Order are inconsistent with VENDOR'S
specified by the COUNTY, and will be of representations and warranties in section 11 (a).
satisfactory material and quality production, free
from defects and sufficient for the purpose If any claim which arises from VENDOR'S breach
intended. Goods shall be delivered free from any of section 11 (a) has occurred, or is likely to
security interest or other lien, encumbrance or occur, VENDOR may, at the COUNTY'S option,
claim of any third party. These warranties shall procure for the COUNTY the right to continue
survive inspection, acceptance, passage of title using the goods or services, or replace or modify
and payment by the COUNTY. the goods or services so that they become
non-infringing, (without any material degradation
8. Statutory Conformity in performance, quality, functionality or additional
Goods and services provided pursuant to this cost to the COUNTY).
Purchase Order, and their production and
transportation shall conform to all applicable 12. Insurance Requirements
laws, including but not limited to the Occupational The VENDOR, at its sole expense, shall provide
Health and Safety Act, the Federal commercial insurance of such type and with such
Transportation Act and the Fair Labor Standards terms and limits as may be reasonably
Act, as well as any law or regulation noted on the associated with the Purchase Order. Providing
face of the Purchase Order. and maintaining adequate insurance coverage is
a material obligation of the VENDOR. All
9. Advertising insurance policies shall be executed through
No VENDOR providing goods and services to the insurers authorized or eligible to write policies in
COUNTY shall advertise the fact that it has the State of Florida.
contracted with the COUNTY for goods and/or
services, or appropriate or make use of the 13. Compliance with Laws
COUNTY'S name or other identifying marks or In fulfilling the terms of this Purchase Order,
property without the prior written consent of the VENDOR agrees that it will comply with all
COUNTY'S Purchasing Department. federal, state, and local laws, rules, codes, and
ordinances that are applicable to the conduct of
its business. By way of non-exhaustive example,
10. Indemnification this shall include the American with Disabilities
Act and all prohibitions against discrimination on
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the basis of race, religion, sex creed, national conditions of this Purchase Order, provided that
origin, handicap, marital status, or veterans' COUNTY has provided VENDOR with notice of
status. Further, VENDOR acknowledges and such breach and VENDOR has failed to cure
without exception or stipulation shall be fully within 10 days of receipt of such notice.
responsible for complying with the provisions of
the Immigration Reform and Control Act of 1986 19. General
as located at 8 U.S.C. 1324, et seq. and a) This Purchase Order shall be governed by
regulations relating thereto, as either may be the laws of the State of Florida. The venue
amended. Failure by the awarded firm(s) to for any action brought to specifically enforce
comply with the laws referenced herein shall any of the terms and conditions of this
constitute a breach of the award agreement and Purchase Order shall be the Twentieth
the County shall have the discretion to Judicial Circuit in and for Collier County,
unilaterally terminate said agreement Florida
immediately. Any breach of this provision may b) Failure of the COUNTY to act immediately in
be regarded by the COUNTY as a material and response to a breach of this Purchase Order
substantial breach of the contract arising from by VENDOR shall not constitute a waiver of
this Purchase Order. breach. Waiver of the COUNTY by any
default by VENDOR hereunder shall not be
14. Force Majeure deemed a waiver of any subsequent default
Neither the COUNTY nor VENDOR shall be by VENDOR.
responsible for any delay or failure in c) All notices under this Purchase Order shall
performance resulting from any cause beyond be sent to the respective addresses on the
their control, including, but without limitation to face page by certified mail, return receipt
war, strikes, civil disturbances and acts of nature. requested, by overnight courier service, or by
When VENDOR has knowledge of any actual or personal delivery and will be deemed
potential force majeure or other conditions which effective upon receipt. Postage, delivery and
will delay or threatens to delay timely other charges shall be paid by the sender. A
performance of this Purchase Order, VENDOR party may change its address for notice by
shall immediately give notice thereof, including all written notice complying with the
relevant information with respects to what steps requirements of this section.
VENDOR is taking to complete delivery of the d) The Vendor agrees to reimbursement of any
goods and/or services to the COUNTY. travel expenses that may be associated with
this Purchase Order in accordance with
15. Assignment Florida Statute Chapter 112.061, Per Diem
VENDOR may not assign this Purchase Order, and Travel Expenses for Public Officers,
nor any money due or to become due without the employees and authorized persons.
prior written consent of the COUNTY. Any e) In the event of any conflict between or
assignment made without such consent shall be among the terms of any Contract Documents
deemed void. related to this Purchase Order, the terms of
the Contract Documents shall take
16. Taxes precedence over the terms of the Purchase
Goods and services procured subject to this Order. To the extent any terms and /or
Purchase Order are exempt from Florida sales conditions of this Purchase Order duplicate
and use tax on real property, transient rental or overlap the Terms and Conditions of the
property rented, tangible personal purchased or Contract Documents, the provisions of the
rented, or services purchased (Florida Statutes, Terms and/or Conditions that are most
Chapter 212), and from federal excise tax. favorable to the County and/or provide the
greatest protection to the County shall
17. Annual Appropriations govern.
The COUNTY'S performance and obligation to
pay under this Purchase Order shall be
contingent upon an annual appropriation of
funds.
18. Termination
This Purchase Order may be terminated at any
time by the COUNTY upon 30 days prior written
notice to the VENDOR. This Purchase Order
may be terminated immediately by the COUNTY
for breach by VENDOR of the terms and
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Exhibit IV: Additional ITB Terms and Conditions
1. Additional Items and/or Services
During the contract term, Collier County reserves the right to add related items and/or services
upon negotiation of a satisfactory price by the Project Manager and Vendor.
2. Conflict of Interest
Vendor shall provide a list of any businesses and/or organizations to which the firm has any
affiliation or obligations within the past five (5) years; whether paid or donated, which could be
construed by the County as a conflict of interest. Disclosure of any potential or actual conflict of
interest is subject to County staff review and does not in and of itself disqualify a firm from
consideration. These disclosures are intended to identify and or preclude conflict of interest
situations during contract selection and execution.
3. Vendor Performance Evaluation
Collier County has implemented a Vendor Performance Evaluation System for all contracts
awarded in excess of$25,000. To this end, vendors will be evaluated on their performance upon
completion/termination of agreement.
4. Deductions for Non-Performance
The County reserves the right to deduct a portion of any invoice for goods not delivered, or
services not performed in accordance with requirements, including required timeframe. The
County may also deduct, or chargeback the Vendor the costs necessary to correct the deficiencies
directly related to the Vendor's non-performance.
5. Offer Extended to Other Governmental Entities
Collier County encourages and agrees to the successful vendor extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the discretion of
the successful vendor.
6. Environmental Health and Safety
All Vendors and Sub vendors performing service for Collier County are required and shall comply
with all Occupational Safety and Health Administration (OSHA), State and County Safety and
Occupational Health Standards and any other applicable rules and regulations. Vendors and Sub
vendors shall be responsible for the safety of their employees and any unsafe acts or conditions
that may cause injury or damage to any persons or property within and around the work site. All
firewall penetrations must be protected in order to meet Fire Codes.
Collier County Government has authorized OSHA representatives to enter any Collier County
facility, property and/or right-of-way for the purpose of inspection of any Vendor's work operations.
This provision is non-negotiable by any department and/or Vendor.
All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device
Coordination and Arc Flash Studies where relevant as determined by the engineer.
All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and
PPE Protective labels.
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7. Florida Wood Products
The Vendor/Contractor agrees to comply with Florida Statute 255.20 to provide lumber, timber and
other forest products produced and manufactured in the State of Florida as long as the price,
fitness and quality are equal.
8. Public Records Compliance
The Vendor/Contractor agrees to comply with the Florida Public Records Law Chapter 119
(including specifically those contractual requirements at F.S. § 119.0701(2) (a)-(d) and (3)),
ordinances, codes, rules, regulations and requirements of any governmental agencies.
9. Standards of Conduct
The Vendor shall employ people to work on County projects who are neat, clean, well-groomed
and courteous. Subject to the American with Disabilities Act, Vendor shall supply competent
employees who are physically capable of performing their employment.duties. The County may
require the Vendor to remove an employee it deems careless, incompetent, insubordinate or
otherwise objectionable and whose continued employment on Collier County projects is not in the
best interest of the County.
10. Licenses
The Vendor is required to possess the correct professional and other licenses, and any other
authorizations necessary to perform the required work pursuant to all applicable Federal, State
and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies
of all the required licenses must be submitted with the bid response indicating that the
entity bidding, as well as the team assigned to the County account, is properly licensed to
perform the activities or work included in the ITB documents. Failure on the part of any
vendor to supply this documentation with their bid response may be grounds for deeming
vendor non-responsive. A Vendor with an office within Collier County is required to have an
occupational license.
All State Certified contractors who may need to pull Collier County permits or call in inspections
must complete a Collier County Contractor License registration form and submit the required fee.
After registering the license/registration will need to be renewed thereafter to remain "active" in
Collier County.
Questions regarding professional licenses should be directed to Contractor Licensing, Community
Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions
regarding required Business Tax Receipt (formerly known as Occupational Licenses) should be
directed to the Tax Collector's Office at (239) 252-2477.
11. Protection of Property
The Vendor shall ensure that the service is performed in such manner as to not damage any
property. In the event damage occurs to any property as a direct result of the Vendor or their Sub
vendor in the performance of the required service, the Vendor shall repair/replace, to the County's
satisfaction, damaged property at no additional cost to the County. If the damage caused by the
Vendor or their Sub vendor has to be repaired/replaced by the County, the cost of such work will
be deducted from the monies due the Vendor.
The County's project manager, shall coordinate with the Vendor/ Contractor the return of any
surplus assets, including materials, supplies, and equipment associated with the scope or work.
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12. Prohibition of Gifts to County Employees
No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan,
fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III,
Florida Statutes, the current Collier County Ethics Ordinance and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact
with County staff for a specified period of time; b. Prohibition by the individual and/or firm from
doing business with the County for a specified period of time, including but not limited to:
submitting bids, RFP, and/or quotes; and, c. immediate termination of any contract held by the
individual and/or firm for cause.
13. Invoice and Payments
Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218,
Florida Statutes. Vendor's invoices must include:
• Purchase Order Number
• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
Invoices shall be sent to:
Board of County Commissioners
Clerk's Finance Department
ATTN: Accounts Payable
3299 Tamiami Trail E Ste 700
Naples FL 34112
Or emailed to: bccapclerk(c�collierclerk.com.
Collier County, in its sole discretion, will determine the method of payment for goods and/or
services as part of this agreement.
Payment methods include:
• Traditional —payment by check, wire transfer or other cash equivalent.
• Standard—payment by purchasing card. Collier County's Purchasing Card Program is
supported by standard bank credit suppliers (i.e. VISA and MasterCard), and as such, is cognizant
of the Rules for VISA Merchants and MasterCard Merchant Rules.
The County may not accept any additional surcharges (credit card transaction fees) as a result of
using the County's credit card for transactions relating to this solicitation. The County will
entertain bids clearly stating pricing for standard payment methods. An additional separate
discounted price for traditional payments may be provided at the initial bid submittal if it is clearly
marked as an "Additional Cash Discount."
Upon execution of the Contract and completion of each month's work, payment requests may be
submitted to the Project Manager on a monthly basis by the Contractor for services rendered for
that prior month. Services beyond sixty (60) days from current monthly invoice will not be
considered for payment without prior approval from the Project manager. All invoices should be
submitted within the fiscal year the work was performed. (County's fiscal year is October 1 -
September 30.) Invoices submitted after the close of the fiscal year will not be accepted (or
processed for payment) unless specifically authorized by the Project Manager.
Payments will be made for articles and/or services furnished, delivered, and accepted, upon
receipt and approval of invoices submitted on the date of services or within six (6) months after
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completion of contract. Any untimely submission of invoices beyond the specified deadline period
is subject to non-payment under the legal doctrine of"laches" as untimely submitted. Time shall be
deemed of the essence with respect to the timely submission of invoices under this agreement.
In instances where the successful contractor may owe debts (including, but not limited to taxes or
other fees)to Collier County and the contractor has not satisfied nor made arrangement to satisfy
these debts, the County reserves the right to off-set the amount owed to the County by applying
the amount owed to the vendor or contractor for services performed of for materials delivered in
association with a contract.
Invoices shall not reflect sales tax. After review and approval, the invoice will be transmitted to the
Finance Division for payment. Payment will be made upon receipt of proper invoice and in
compliance with Chapter 218 Florida Statutes, otherwise known as the "Local Government Prompt
Payment Act." Collier County reserves the right to withhold and/or reduce an appropriate amount
of any payment for work not performed or for unsatisfactory performance of Contractual
requirements.
14. Survivability
Purchase Orders: The Consultant/Contractor/Vendor agrees that any Purchase Order that
extends beyond the expiration date of the original Solicitation 16-6541 Roadway Paint,
Thermoplastic Markings and Raised Markers will survive and remain subject to the terms and
conditions of that Agreement until the completion or termination of this Purchase Order.
15. Insurance Requirements
The Vendor shall at its own expense, carry and maintain insurance coverage from responsible
companies duly authorized to do business in the State of Florida as set forth in Insurance and
Bonding Requirements Attachment of this solicitation. The Vendor shall procure and maintain
property insurance upon the entire project, if required, to the full insurable value of the scope of
work.
The County and the Vendor waive against each other and the County's separate Vendors,
Contractors, Design Consultant, Subcontractors agents and employees of each and all of them, all
damages covered by property insurance provided herein, except such rights as they may have to
the proceeds of such insurance. The Vendor and County shall, where appropriate, require similar
waivers of subrogation from the County's separate Vendors, Design Consultants and
Subcontractors and shall require each of them to include similar waivers in their contracts.
Collier County shall be responsible for purchasing and maintaining, its own liability insurance.
Certificates issued as a result of the award of this solicitation must identify"For any and all work
performed on behalf of Collier County."
The General Liability Policy provided by Vendor to meet the requirements of this solicitation shall
name Collier County, Florida, as an additional insured as to the operations of Vendor under this
solicitation and shall contain a severability of interests provisions.
Collier County Board of County Commissioners shall be named as the Certificate Holder. The
"Certificate Holder" should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
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The amounts and types of insurance coverage shall conform to the minimum requirements set
forth in the Insurance and Bonding Requirements Attachment, with the use of Insurance Services
Office (ISO)forms and endorsements or their equivalents. If Vendor has any self-insured
retentions or deductibles under any of the below listed minimum required coverage, Vendor must
identify on the Certificate of Insurance the nature and amount of such self- insured retentions or
deductibles and provide satisfactory evidence of financial responsibility for such obligations. All
self-insured retentions or deductibles will be Vendor's sole responsibility.
Coverage(s) shall be maintained without interruption from the date of commencement of the Work
until the date of completion and acceptance of the scope of work by the County or as specified in
this solicitation, whichever is longer.
The Vendor and/or its insurance carrier shall provide 30 days written notice to the County of policy
cancellation or non-renewal on the part of the insurance carrier or the Vendor. The Vendor shall
also notify the County, in a like manner, within twenty-four (24) hours after receipt, of any notices
of expiration, cancellation, non-renewal or material change in coverage or limits received by
Vendor from its insurer and nothing contained herein shall relieve Vendor of this requirement to
provide notice. In the event of a reduction in the aggregate limit of any policy to be provided by
Vendor hereunder, Vendor shall immediately take steps to have the aggregate limit reinstated to
the full extent permitted under such policy.
Should at any time the Vendor not maintain the insurance coverage(s) required herein, the
County may terminate the Agreement or at its sole discretion shall be authorized to purchase
such coverage(s) and charge the Vendor for such coverage(s) purchased. If Vendor fails to
reimburse the County for such costs within thirty (30) days after demand, the County has the right
to offset these costs from any amount due Vendor under this Agreement or any other agreement
between the County and Vendor. The County shall be under no obligation to purchase such
insurance, nor shall it be responsible for the coverage(s) purchased or the insurance company or
companies used. The decision of the County to purchase such insurance coverage(s) shall in no
way be construed to be a waiver of any of its rights under the Contract Documents.
If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of
the scope of work, the Vendor shall furnish to the County renewal or replacement Certificate(s) of
Insurance not later than ten (10) calendar days after the expiration date on the certificate. Failure
of the Vendor to provide the County with such renewal certificate(s) shall be considered
justification for the County to terminate any and all contracts.
15. Maintenance of Traffic Policy
For all projects that are conducted within a Collier County Right-of-Way, the Vendor shall provide
and erect Traffic Control Devices as prescribed in the current edition of the Manual On Uniform
Traffic Control Devices (MUTCD), where applicable on local roadways and as prescribed in the
Florida Department of Transportation's Design Standards (DS) on state roadways. These projects
shall also comply with Collier County's Maintenance of Traffic Policy, #5807, incorporated herein
by reference. Copies are available through the Risk Management and/or Purchasing Departments
and are available on-line at colliergov.net/purchasing.
The Vendor will be responsible for obtaining copies of all required manuals, MUTCD, FDOT
Roadway &Traffic Design Standards Indexes, or other related documents, so to become familiar
with their requirements. Strict adherence to the requirements of the Maintenance of Traffic
("MOT") policy will be enforced under this Contract.
All costs associated with the Maintenance of Traffic shall be included on the line item on the bid
page. If MOT is required, MOT is to be provided within ten (10) days of receipt of Notice of
Award.
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16. Debris
Vendor shall be responsible for the removal and disposal of all debris from the site and the
cleaning of the affected areas. Vendor shall keep the premises free of debris and unusable
materials resulting from their work and as work progresses; or upon the request of the County's
representative, shall remove and dispose such debris and materials from the property. The
Vendor shall leave all affected areas as they were prior to beginning work.
17. Direct Material Purchase
The County reserves the right to require Vendor to assign some or all of its agreements with
material suppliers directly to the County. Any such goods and/or materials purchased by the
County pursuant to such an assignment of a material supply agreement shall be referred to as
"County Furnished Materials" and the responsibilities of both the County and the Vendor relating
to said materials shall be governed by the terms and conditions of this solicitation.
Additionally, the County at its sole option may choose to purchase some or all of the goods and/or
materials from other suppliers. In either instance the County may require the following information
from the Vendor:
• Required quantities of material.
• Specifications relating to goods and/or materials required for job including brand and/or model
number or type if applicable
• Pricing and availability of goods and/or materials provided under Vendor's agreements with
material suppliers
18. Grant Compliance
The purchase of any goods and/or services that are funded through Federal Grant Appropriations,
the State of Florida, or any other public or private foundations shall be subject to the compliance
and reporting requirements of the granting agency.
19. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. If required, the Vendor shall supply a list of equipment and an hourly rate for
each. Hourly rates will commence once equipment arrives at the service site.
In the event that additional specialized and/or heavy equipment (backhoe, crane, mudhog, etc.) is
needed, the Project Manager must be notified in advance for approval. The reimbursement of
additional equipment expense shall be at cost and will commence once equipment arrives at the
service site. The County reserves the right to request and obtain documentation of the Vendor's
cost, and to withhold payments until documentation is provided.
The scope of these specifications is to ensure the delivery of a complete unit ready for operation.
Omission of any essential detail from these specifications does not relieve the Vendor from
furnishing a complete unit.
All equipment must be new and of current manufacture in production at the time of ITB opening,
and carry standard warranties. At the time of delivery, at least two (2) complete shop repair
manuals and parts lists must be furnished with each type of equipment. Vendor must service all
equipment prior to delivery and/or acceptance by the County.
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Coffer County
Administrative Services Department
Procurement Services Division
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement
The sole intent of the Collier County Purchasing Department is to issue solicitations that are clear,
concise and openly competitive. Therefore, we are interested in ascertaining reasons why prospective
Vendors did not wish to respond to this ITB. If your firm is not responding to this ITB, please indicate
the reason(s) by checking any appropriate item(s) listed below and return this form via email or fax to
the Procurement Strategist listed on the first page or mail to: Collier County Purchasing Department,
3327 Tamiami Trail East, Naples, Florida 34112.
We are not responding to this ITB for the following reason(s):
Solicitation: # 16-6541 Roadway Paint, Thermoplastic Markings and Raised Markers
❑ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work.
fI Specifications/scope of work not clearly understood (too vague, rigid, etc.)
❑ Project is too small.
❑ Insufficient time allowed for preparation of response.
❑ Incorrect address used. Please correct mailing address:
❑ Other reason(s):
Firm's Complete Legal Name
Address
City, State, Zip
Telephone Number
FAX Number
Signature/Title
Type Name of Signature Date:
#16-6541 Roadway Paint,Thermoplastic Markings and F 21
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Co rlier County
Administrative Services Department
Procurement Services Division
Attachment 2: Vendor's Check List
IMPORTANT: THIS SHEET MUST BE SIGNED BY VENDOR. Please read carefully, sign in the
spaces indicated and return with bid.
Vendor should check off each of the following items as the necessary action is completed:
1. The Bid has been signed.
2. The Bid prices offered have been reviewed.
3. The price extensions and totals have been checked.
4. The payment terms have been indicated.
5. Any required drawings, descriptive literature, etc. have been included.
6. Any delivery information required is included.
7. If required, the amount of bid bond has been checked, and the bid bond or cashiers check has
been included.
8. Addendum have been signed and included, if applicable.
9. Affidavit for Claiming Status as a Local Business, if applicable.
10. Immigration Affidavit and company's E-Verify profile page or memorandum of understanding.
11. Copies of licenses, equipment lists, subcontractors or any other information as noted in this
ITB.
12. The mailing envelope must be addressed to:
Procurement Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
• Solicitation: # 16-6541 Roadway Paint, Thermoplastic Markings and Raised
Markers
• Opening Date: February 22, 2016 @ 3:00PM
13. The bid will be mailed or delivered in time to be received no later than the specified opening date
and time. (Otherwise bid cannot be considered.)
14. If submitting a manual bid, include any addenda (initialed and dated noting understanding and
receipt). If submitting bid electronically, bidder will need to download all related documents on
www.colliergov.net/bid. The system will date and time stamp when the addendum files were
downloaded
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature &Title
Date
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c*r County
Administrative Services Department
Prowwne 1 Services Division
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: # 16-6541 Roadway Paint, Thermoplastic Markings and Raised Markers
Dear Commissioners:
The undersigned, as Vendor, hereby declares that the specifications have been fully examined and
the Vendor is fully informed in regard to all conditions pertaining to the work to be performed for as
per the scope of work. The Vendor further declares that the only persons, company or parties
interested in this Bid or the Contract to be entered into as principals are named herein; that this Bid is
made without connection with any other person, company or companies submitting a Bid; and it is all
respects fair and in good faith, without collusion or fraud.
The Vendor proposes and agrees if this bid is accepted, to comply with the requirements in full and in
accordance with the terms, conditions and specifications denoted herein. The Vendor agrees to
provide the following:
*** SEE FOLLOWING PAGES ***
Any discounts or terms must be shown on the Bid Response Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less than
fifteen (15) days payment be offered.
Prompt Payment Terms: % Days; Net_ Days
® Bid Response Form is electronic. Please input your prices online.
❑ Bid Response is as follows:
Note: If you choose to bid manually, please submit an ORIGINAL and ONE COPY of your bid
response pages. The undersigned do agree that should this Bid be accepted, to execute a formal
contract, if required, and present the formal contract to the County Procurement Director for approval
within fifteen (15) days after being notified of an award.
#16-6541 Roadway Paint,Thermoplastic Markings and F • • 23
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IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 20 in the County of , in the State of
Firm's Complete Legal Name
Address
City, State, Zip
Florida Certificate of Authority
Document Number
Federal Tax Identification
Number
CCR#or CAGE Code
Telephone Number
FAX Number
Signature/Title
Type Name of Signature
Date
****************************************************************************************************
Additional Contact Information
Send Payments To: (REQUIRED ONLY if different from above)
Firm's Complete Legal Name
Address
City, State, Zip
Contact Name
Telephone Number
FAX Number
Email Address
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Coltier County
Administrative Services Department
Procurement Services Division
Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit
Solicitation: #16-6541 Roadway Paint,Thermoplastic Markings and Raised Markers (Check Appropriate
Boxes Below)
State of Florida(Select County if Vendor is described as a Local Business
❑ Collier County
❑ Lee County
Vendor affirms that it is a local business as defined by the Purchasing Policy of the Collier County Board of
County Commissioners and the Regulations Thereto. As defined in Section XI of the Collier County Purchasing
Policy:
Local business means the vendor has a current Business Tax Receipt issued by the Collier County Tax
Collector for at least one year prior to bid or proposal submission to do business within Collier County, and
that identifies the business with a permanent physical business address located within the limits of Collier
County from which the vendor's staff operates and performs business in an area zoned for the conduct of
such business. A Post Office Box or a facility that receives mail, or a non-permanent structure such as a
construction trailer, storage shed, or other non-permanent structure shall not be used for the purpose of
establishing said physical address. In addition to the foregoing, a vendor shall not be considered a "local
business" unless it contributes to the economic development and well-being of Collier County in a verifiable
and measurable way. This may include, but not be limited to, the retention and expansion of employment
opportunities, support and increase to the County's tax base, and residency of employees and principals of
the business within Collier County. Vendors shall affirm in writing their compliance with the foregoing at the
time of submitting their bid or proposal to be eligible for consideration as a "local business" under this
section. A vendor who misrepresents the Local Preference status of its firm in a proposal or bid submitted to
the County will lose the privilege to claim Local Preference status for a period of up to one year under this
section.
Vendor must complete the following information:
Year Business Established in ❑Collier County or❑ Lee County:
Number of Employees(Including Owner(s)or Corporate Officers):
Number of Employees Living in ❑ Collier County or❑ Lee (Including Owner(s)or Corporate Officers):
If requested by the County, vendor will be required to provide documentation substantiating the information
given in this affidavit. Failure to do so will result in vendor's submission being deemed not applicable.
Vendor Name: Date:
Address in Collier or Lee County:
Signature: Title:
STATE OF FLORIDA
❑ COLLIER COUNTY ❑ LEE COUNTY
Sworn to and Subscribed Before Me, a Notary Public,for the above State and County, on this Day
of , 20
Notary Public
My Commission Expires:
(AFFIX OFFICIAL SEAL)
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Cot et-County
Administrative Services Department
Procurement Services Division
Attachment 5: Vendor Submittal—Immigration Affidavit
Solicitation: #16-6541 Roadway Paint,Thermoplastic Markings and Raised Markers
This Affidavit is required and should be signed, notarized by an authorized principal of the firm and submitted with formal
Invitations to Bid (ITB's)and Request for Proposals (RFP)submittals. Further, Vendors/ Bidders are required to enroll
in the E-Verify program, and provide acceptable evidence of their enrollment, at the time of the submission of the
vendor's/bidder's proposal. Acceptable evidence consists of a copy of the properly completed E-Verify Company
Profile page or a copy of the fully executed E-Verify Memorandum of Understanding for the company. Failure to
include this Affidavit and acceptable evidence of enrollment in the E-Verify program, may deem the Vendor/
Bidder's proposal as non-responsive.
Collier County will not intentionally award County contracts to any vendor who knowingly employs unauthorized alien
workers, constituting a violation of the employment provision contained in 8 U.S.C. Section 1324 a(e)Section 274A(e)of
the Immigration and Nationality Act("INA").
Collier County may consider the employment by any vendor of unauthorized aliens a violation of Section 274A(e)of the
INA. Such Violation by the recipient of the Employment Provisions contained in Section 274A(e)of the INA shall be
grounds for unilateral termination of the contract by Collier County.
Vendor attests that they are fully compliant with all applicable immigration laws (specifically to the 1986 Immigration Act
and subsequent Amendment(s))and agrees to comply with the provisions of the Memorandum of Understanding with E-
Verify and to provide proof of enrollment in The Employment Eligibility Verification System (E-Verify), operated by the
Department of Homeland Security in partnership with the Social Security Administration at the time of submission of the
Vendor's/Bidder's proposal.
Company Name
Print Name Title
Signature Date
State of
County of
The foregoing instrument was signed and acknowledged before me this day of ,20 , by
who has produced as identification.
(Print or Type Name) (Type of Identification and Number)
Notary Public Signature
Printed Name of Notary Public
Notary Commission Number/Expiration
The signee of this Affidavit guarantees, as evidenced by the sworn affidavit required herein, the truth and accuracy of
this affidavit to interrogatories hereinafter made.
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Cot er County
Administrative Services Department
Procurement Services Division
Attachment 6: Vendor Substitute W—9
Request for Taxpayer Identification Number and Certification
In accordance with the Internal Revenue Service regulations, Collier County is required to collect the following
information for tax reporting purposes from individuals and companies who do business with the County(including
social security numbers if used by the individual or company for tax reporting purposes). Florida Statute
119.071(5) require that the county notify you in writing of the reason for collecting this information, which will be
used for no other purpose than herein stated. Please complete all information that applies to your business and
return with your quote or proposal.
1. General Information (provide all information)
Taxpayer Name
(as shown on income tax return)
Business Name
(if different from taxpayer name)
Address City
State Zip
Telephone FAX Email
Order Information Remit/Payment Information
Address Address
City State Zip City State Zip
FAX FAX
Email Email
2. Company Status (check only one)
Individual/Sole Proprietor Corporation _Partnership
Tax Exempt(Federal income tax-exempt entity _Limited Liability Company
under Internal Revenue Service guidelines IRC
501 (c)3) Enter the tax classification
(D=Disregarded Entity, C=Corporation, P=Partnership)
3. Taxpayer Identification Number(for tax reporting purposes only)
Federal Tax Identification Number(TIN)
(Vendors who do not have a TIN,will be required to provide a social security number prior to an award of the contract.)
4. Sign and Date Form
Certification: Under penalties of perjury, I certify that the information shown on this form is correct to my knowledge.
Signature Date
Title Phone Number
#16-6541 Roadway Paint,Thermoplastic Markings and Raised Markers 27
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Co 'fer County
Administrative Services Department
Procurement Services Division
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. .1 Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal Government
Compensation Statutory Limits and Requirements
2. ® Employer's Liability $1,000,000 single limit per occurrence
3. ® Commercial General Bodily Injury and Property Damage
Liability(Occurrence Form)
patterned after the current $1,000,000 single limit per occurrence, $2,000,000 aggregate for Bodily Injury
ISO form Liability and Property Damage Liability. This shall include Premises and
Operations; Independent Contractors; Products and Completed Operations
and Contractual Liability.
4. ® Indemnification To the maximum extent permitted by Florida law, the
Contractor/Vendor/Consultant shall indemnify and hold harmless Collier
County, its officers and employees from any and all liabilities, damages,
losses and costs, including, but not limited to, reasonable attorneys'fees and
paralegals'fees,to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Contractor/Vendor/Consultant or anyone
employed or utilized by the Contractor/Vendor/Consultant in the performance
of this Agreement.
4. ®Automobile Liability $ 1,000,000 Each Occurrence; Bodily Injury& Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as ❑Watercraft $ Per Occurrence
noted:
❑ United States Longshoreman's and Harborworker's Act coverage shall be
maintained where applicable to the completion of the work.
$ Per Occurrence
❑ Maritime Coverage (Jones Act)shall be maintained where applicable to
the completion of the work.
$ Per Occurrence
❑Aircraft Liability coverage shall be carried in limits of not less than
$5,000,000 each occurrence if applicable to the completion of the Services
under this Agreement.
$ Per Occurrence
❑ Pollution $ Per Occurrence
❑ Professional Liability $ per claim and in
the aggregate
• $1,000,000 per claim and in the aggregate
• $2,000,000 per claim and in the aggregate
❑ Project Professional Liability $ Per Occurrence
❑ Valuable Papers Insurance $ Per Occurrence
#16-6541 Roadway Paint,Thermoplastic Markings and Rais( '•• • 28
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❑ Employee Dishonesty/Crime $ Per Occurrence
Including Employee Theft, Funds Transfer Fraud, Include a Joint Loss
Payee endorsement naming Collier County.
6. ❑ Bid bond Shall be submitted with proposal response in the form of certified funds,
cashiers' check or an irrevocable letter of credit, a cash bond posted with the
County Clerk, or proposal bond in a sum equal to 5% of the cost proposal. All
checks shall be made payable to the Collier County Board of County
Commissioners on a bank or trust company located in the State of Florida and
insured by the Federal Deposit Insurance Corporation.
7. ❑ Performance and For projects in excess of$200,000, bonds shall be submitted with the
Payment Bonds executed contract by Proposers receiving award, and written for 100% of the
Contract award amount,the cost borne by the Proposer receiving an award.
The Performance and Payment Bonds shall be underwritten by a surety
authorized to do business in the State of Florida and otherwise acceptable to
Owner; provided, however, the surety shall be rated as "A-"or better as to
general policy holders rating and Class V or higher rating as to financial size
category and the amount required shall not exceed 5% of the reported policy
holders' surplus, all as reported in the most current Best Key Rating Guide,
published by A.M. Best Company, Inc. of 75 Fulton Street, New York, New
York 10038.
8. ® Vendor shall ensure that all subcontractors comply with the same insurance requirements that he is required to
meet. The same Vendor shall provide County with certificates of insurance meeting the required insurance
provisions.
9. ® Collier County must be named as "ADDITIONAL INSURED"on the Insurance Certificate for Commercial
General Liability where required.
10. ® The Certificate Holder shall be named as Collier County Board of County Commissioners, OR, Board of County
Commissioners in Collier County, OR Collier County Government, OR Collier County. The Certificates of Insurance
must state the Contract Number, or Project Number, or specific Project description, or must read: For any and all
work performed on behalf of Collier County.
11. ® Thirty(30) Days Cancellation Notice required.
GG for Jeff Walker 12/29/2015
Vendor's Insurance Statement
We understand the insurance requirements of these specifications and that the evidence of insurability may be required
within five (5)days of the award of this solicitation.
Name of Firm Date
Vendor Signature
Print Name
Insurance Agency
Agent Name Telephone Number
#16-6541 Roadway Paint,Thermoplastic Markings and Rais( ''' 29
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Exhibit A—SPECIFICATIONS
Collier County Government (hereinafter referred to as "County") is soliciting Invitation to Bids (ITB)for
the provisions of"ROADWAY PAINT, THERMOPLASTIC MARKINGS, AND RAISED MARKERS"for
Growth Management Department, Road Maintenance Division (hereinafter referred to as "Division")
from responsive and responsible Contractors. The services shall include, but not limited to, the
application, installation, and removal of RetroReflective Pavement Marking (RPM)Tape, Symbols,
Legends, Raised Pavement Markers, and Thermoplastic and Painted Lines.
I. General Requirements
Contractor shall supply all labor, equipment, materials, Maintenance of Traffic (MOT), and traffic
control devices for the application or removal of traffic stripes and markings. All line items shall be bid
for award consideration.
The work performed shall be governed and conform to the current editions below that are in force at
the time the work is being requested:
a. Florida Department of Transportation (FDOT) Standard Specifications for Road and Bridge
Construction, current edition, and all supplemental documents thereto shall be utilized and in
accordance to the following: 706-Raised RetroReflective Pavement Markers and Bituminous
Adhesive; 709-Traffic Stripes and Markings, Two, Reactive Components;710-Painted Pavement
Markings; 711-Thermoplastic Traffic Stripes and Markings; 970-Materials for Raised RetroReflective
Pavement Markers and Bituminous Adhesive; 971-Traffic Marking Materials.
b. Florida Department of Transportation Approved Products List (APL), current edition.
c. Florida Department of Transportation Design Standards, current edition.
d. U.S. Department of Transportation, Federal Highway Administration (FHWA) on Uniform Traffic
Control Devices, current edition, of standard specifications shall be utilized and in accordance to the
following: The Manual on Uniform Traffic Control Devices (MUTCD) standards shall be utilized for the
installation and maintenance of traffic control devices.
II. Qualifications
a. Contractor must be organized for the purpose of providing pavement markings and painted traffic
stripes with five (5) years business experience with proven capabilities.
b. Contractor shall have adequate and qualified personnel with skills and experience in the
performance of the work as required by the specifications.
c. Must provide proof of Intermediate Maintenance of Traffic (MOT) Certification.
III. Licenses
The Contractor, at the time of bid submittal, shall possess, and maintain throughout the term of the
contract period and any renewal periods, the correct occupational licenses, all professional licenses or
other authorizations necessary to carry out and perform the work required by the project pursuant to
all applicable Federal, State, and Local Laws, Statute, Ordinances, and rules and regulations of any
kind. The Contractor shall be licensed to operate within Collier County.
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IV. Scope of Services
The Contractor shall provide "Pavement Marking and Painted Traffic Stripes" as outlined and specified
herein, and shall supply all materials, labor, and install or remove traffic road stripes and markings on
all County roads on an "as-needed basis" in accordance to the following. All the services required
hereunder shall be performed by the Contractor and all employees engaged in the work shall be fully
qualified to perform such services.
1. Paint
All paint work performed shall be in accordance with the requirements found in the manuals and
publications listed in Section I —General Requirements, items a. —d. of the current editions at the
time the work is being requested to the Contractor. The application of painted traffic stripes and
markings shall conform to those requirements.
2. Thermoplastic
All thermoplastic applications shall be in accordance with the requirements found in the manuals
and publications listed in Section I —General Requirements, items a. —d. of the current editions at
the time the work is being requested to the Contractor. The application of painted traffic stripes and
markings shall conform to those requirements.
3. Removal of Paint and/or Thermoplastic Markings
Contractor shall provide all labor, equipment, and materials for the removal of pavement markings
from various roadways, parking lots and other striping projects. Removal shall be accomplished by
grinding and/or water blasting as determined by the Division. The Contractor shall take steps
necessary to capture all removed material and to dispose of it in a manner approved by the
Division.
4. Raised Pavement Markers (RPMs)
Contractor shall provide all labor, equipment, and materials for the installation of RPMs, ceramic
disks, and flex stakes on centerlines, edge lines, lane lines and gored medians on roadways at
intersections, parking lots, and other striping projects throughout Collier County. All work
performed shall be in accordance with the requirements found in the manuals and publications
listed in Section I —General Requirements, items a. —d. of the current editions at the time the work
is being requested to the Contractor.
5. Work Hours
a. All work performed shall be completed Monday through Friday during normal business hours
unless Contractor notifies the Division Director or designee and receives approval to work outside
the normal business hours.
6. Notice to Proceed (NTP) and Work Orders
a. The Road Maintenance Division utilizes Cartegraph, an Operations Management System
(OMS), which generates work orders in the scheduling of preventive maintenance, organizing and
tracking inventory, and manages equipment costs while providing advanced reporting and
analytics.
b. Prior to the Contractor proceeding with services, the Division Maintenance Manager or
designee shall generate work order(s) on an as needed basis for the work that will be performed
and they shall notify the Division Contract Administration Specialist to issue a Notice to Proceed
(NTP)to the Contractor. Each NTP shall have the work location, description of work to be
performed, and the project commencement and completion dates.
c. Upon Contractor receiving the NTP issued by the Division all work must be completed within
the timeframe specified. The Contractor shall maintain coordination and communication with the
Division Inspector regarding the areas to be scheduled for work and the areas that work has been
completed.
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7. Timelines and Extensions
a. The dates shall mean the number of consecutive calendar days from the commencement and
completion dates as provided in the NTP. The Contractor shall be solely responsible in the
coordination of all work to ensure the work is not delayed or impaired by any act or omission of any
act by the Contractor.
b. If Contractor becomes delayed in the completion of the work requested due to unforeseeable
causes beyond their control and not due to its own fault or neglect, the Contractor shall
immediately notify the Division Inspector or designee in writing within two (2) business days after
the commencement of such delay and state the cause or causes thereof in order for the Contractor
to retain the right to request and be granted a time extension.
c. The Division Director or designee shall determine the facts and the extent of the delay being
claimed. The Contractor shall cooperate with the Division during the investigation of the delays by
providing any schedules, correspondence, or other data that may be required to justify the findings
of fact. The Division Director or designee shall have the final word for the extension request.
8. Inspection/Acceptance of Work
a. All work completed by the Contractor shall be inspected by the Division Inspector or designee
to ensure the work has been completed as requested by the NTP and work order(s) and in
accordance with the manuals and publications, standards and specifications, current editions as
listed in Section I. General Requirements, items a. —d.
b. The Division Inspector shall notify the Contractor of all unacceptable work and the Contractor
shall immediately schedule the work to be completed satisfactorily. There will be no cost to the
County for re-work or previously performed service by Contractor.
c. Any disputes arising from unsatisfactory work shall be reviewed by the Division Director for
review and final recommendation.
9. Final Inspection/Acceptance
a. Upon written notice from the Contractor to the Division Inspector that the work is complete, the
Division Inspector will review the work to ensure it conforms to the NTP issued in accordance with
the publications and manuals, current editions, listed in Section I. General Requirements, items a.
—d. The Division Inspector shall notify the Contractor of any deficiencies.
b. The Contractor shall correct all deficiencies prior to final acceptance and authorization of
payment.
10. Liquidated Damages
Contractor agrees that time is of the essence for services being requested. The County could
suffer financial loss if the work is not completed within the time specified.
a. The County shall be entitled to assess liquated damages for each calendar day after the
scheduled completion date. The County reserves the right to deduct ten percent (10%) of any
invoice for goods not delivered or services not performed in accordance with the requirements or
reject any invoice for non-completed work depending on the size and scope of the project.
11. Damages/Repairs
a. All damages by the Contractor, such as but not limited to: sidewalks, seating curbs, pipes,
drains, water mains, pavement, mail boxes, turf, road surface damage during the removal process,
etc., shall be repaired or replaced by the Contractor at their sole expense and in a manner
prescribed by and at the sole satisfaction of the County.
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b. Invoices submitted to the County from utility companies, landowners, etc., that are determined
to be the result of damage done by the Contractor, shall be the Contractor's sole responsibility.
c. The County reserves the right to pay such invoices and deduct from the Contractor's invoice.
12. Clean Up/Surplus Material Removal
The Contractor shall be responsible for the removal of their surplus material and debris within the
work zone. If deficiencies are found and not corrected, the County shall remove the remaining
debris and surplus material and deduct the associated costs from the amount due to the
Contractor.
13. Materials
All materials for pavement markings and painted traffic stripes shall be supplied in accordance with
the manuals and publications, current editions that are listed in Section I. General Requirements,
items a —d. for the following: Bituminous; Glass Spheres; Painted Traffic Stripes; Thermoplastic;
and Reflective Pavement Markers.
14. Safety
In performance of the specifications, the Contractor shall provide all standard equipment, work
operations, safety equipment, personal protective equipment, and lighting as required or mandated
by State, Federal, OSHA, or ADA regulations.
• Workers exposed to traffic should be attired in bright, highly visible clothing
15. Utilities
It shall be the Contractor's responsibility to have all underground utilities located prior to work
commencement for work that requires subsurface work or ground digging. The repairs of any
damaged underground utilities as a result of the work being performed by the Contractor shall be
the Contractor's responsibility. Contractor shall notify the proper utility company immediately if
damage has occurred to expedite the repairs and inform the County of the damage.
16. Lane Closures
Lane closures for median maintenance shall be limited and they shall comply with the following:
a. Proper placement of lane closed signs, pre-warning signs, arrow boards, traffic cones etc.,
the lane may be restricted from traffic only during non-peak traffic periods 9:30 A.M. - 3:30 P.M.,
Monday through Friday, and 8:00 A.M. - 5:00 P.M. Saturday and Sunday work require approval
from the Project Manager or designee.
b. The lane closure shall be indicated on the Weekly Maintenance Work Schedule, which is
provided to the Project Manager.
c. The contractor shall contact the County's Public Information Specialist the Wednesday
before lane closures are planned for Collier County's public road alert notification.
17. Road Alert
Lane closures shall be submitted thru the Road Alert system one week prior to work commencing.
The Contractor shall contact the County's Public Information Specialist the Wednesday before lane
closures are planned for Collier County's public road alert notification.
a. A Road Alert form must be submitted (form provided by County).
18. Equipment
Contractor shall supply all the equipment to perform the work satisfactorily. If the Division deems
the Contractor has insufficient equipment on the job to satisfactorily complete the work within the
required time-frame, the Contractor shall provide additional equipment as directed by the Division.
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A directional lighted and flashing arrow board will be required under this Contract that meets the
traffic control requirements.
19. Minimum Trip Charge
A minimum trip charge is applicable for individual project work orders less than $1,000.00. This
charge shall only be permitted in a situation where a minor project is assigned that was not part of
a comprehensive project list.
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PS: EVELYN COLON Downloaded Specifications:39
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Sealcoating Corporation ti'it#0 t: r �� . ° ° 4 ',',0'.';`;',$1 E � IkUN PRIGE'' 1NI�''h1�E
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PAINT,SOLID,6"TRAFFIC STRIPE,LESS THAN 1 MILE,WHITE,15 MIL ` '�'", ie I
1 LINEAR FEET $ 0.30 .i $ 0.50 °� ;� $ 0.35
2 PAINT,SOLID,6"TRAFFIC STRIPE,GREATER THAN 1 MILE,WHITE,15 MIL LINEAR FEET $ 0.30 $ 0.50i $ 0.35 x
e
PAINT,SOLID,6"TRAFFIC STRIPE,LESS THAN 1 MILE, YELLOW,15 MIL }` r °
3 LINEAR FEET $ 0.30 � � $ 0.50 � T'"�� � $ 0.35 � �
4 PAINT,SOLID,6"TRAFFIC STRIPE,GREATER THAN 1 MILE,YELLOW,15 MIL LINEAR FEET
$ 0.30 '� ' * $ 0.50 ��� k $ 0.35 ; ,
3� �
PAINT,SOLID,TRAFFIC STRIPE, MANUAL APPLICATION, 6", WHITE, 15 ksn xe
5 MIL LINEAR FEET $ 1.00 ' $ 0.50 � �" $ 1.00 �,'
6 PAINT,SOLID,TRAFFIC STRIPE,8 WHITE,15 MIL LINEAR FEET $ 1.25 �; $ 1.00 f'� f' $ 1.25 '' ,. Ll r
7 PAINT,SOLID,TRAFFIC STRIPE,12",WHITE,15 MIL LINEAR FEET $ 1.50 �, � , $ 1.25 ' k w' . $ 1.50 °
8 PAINT,SOLID TRAFFIC,STRIPE 18",WHITE,15 MIL LINEAR FEET $ 1.75 , $ 1.50 iO' `' t.z $ 1.75 }`�,
9 PAINT,SOLID TRAFFIC,STRIPE 24",WHITE,15 MIL LINEAR FEET 2.00 1.75 T '' ° 2.00
PAINT,SOLID,TRAFFIC STRIPE, MANUAL APPLICATION, 6", as P'�` i°* t , t"�,• , i.
10 YELLOW,15 MIL LINEAR FEET $ 00 $ 0.50 $ 1.00 �;
11 PAINT,SOLID,TRAFFIC STRIPE,8",YELLOW,15 MIL LINEAR FEET $ 1.25 $ 1.00 ' $ 1.2$ i.,,n, h E
12 PAINT,SOLID,TRAFFIC STRIPE,12',YELLOW,15 MIL LINEAR FEET $ 0.01 .. $ 1.25 $ 0.01 ���4'4
13 PAINT,SOLID,TRAFFIC STRIPE,18",YELLOW,15 MIL LINEAR FEET $ 1.75 $ 50 } $ 1.75 rrT*rg
a tti
14 PAINT,SOLID,TRAFFIC STRIPE,24",YELLOW,15 MIL LINEAR FEET $ 0.01 u'. r $ 1.75 i` +�: $ 0.01 °� K�
ilk 5 PAINT,SYMBOLS,NUMBERS&PAVEMENTS MESSAGES,15 MIL SQUARE FOOT $ 4.00 $ 1.00 ''''''414:0'` $ 2.25 g �u hl'
4
M, .. '` -fir r eke "�P X^
PAINT,PAVEMENT MARKING,LETTERS&NUMBERS -
SET $ 25.00 $ 1.00 �b�
16 3",PER SET(i.e.Set 1 digit or up to 6 digits) e c
PAINT,PAVEMENT MARKING,LETTERS&NUMBERS .' ` ' "tr s'
4",PER SET(i.e.Set= 1 digit or up to 6 digits) SET $ 25.00 $ 1.00 . $ 15.00 �
n „. , °a t h� 7fl tR �r h �3L .'r6p' �4 ;' Q2}IY{ L
.J SYMBOLS,NUMBERS&PAVEMENTS MESSAGES SQUARE FOOT $ 4.00 $ 5.00 $ 2.00 $ 3.00 $ 4.00 $ 5.00
19 THERMOPLASTIC,SOLID,6"TRAFFIC STRIPE,LESS THAN 1 MILE,WHITE LINEAR FEET $ 0.65 $ 0.80 $ 1.00 $ 1.50 $ 0.60 $ 0.80
20 THERMOPLASTIC,SOLID,6"TRAFFIC STRIPE,GREATER THAN 1 MILE,WHITE LINEAR FEET $ 0.65 $ 0.80 $ 1.00 $ 1.50 $ 0.60 $ 0.80
21 THERMOPLASTIC,SOLID,6"TRAFFIC STRIPE,LESS THAN 1 MILE, YELLOW LINEAR FEET $ 0.65 $ 0.80 $ 1.00 $ 1.50 $ 0.60 $ 0.80
THERMOPLASTIC,SOLID,6"TRAFFIC STRIPE,GREATER THAN 1 MILE,
22 YELLOW LINEAR FEET $ 0.65 $ 0.80 $ 1.00 $ 1.50 $ 0.60 $ 0.80
THERMOPLASTIC,SOLID,TRAFFIC STRIPE, MANUAL APPLICATION, 6",
23 WHITE LINEAR FEET $ 1.25 $ 1.50 $ 1.00 $ 1.50 $ 1.00 $ 1.25
24 THERMOPLASTIC,SOLID,TRAFFIC STRIPE,8",WHITE LINEAR FEET $ 1.50 $ 1.75 $ 1.25 $ 1.50 $ 1.50 $ 1.75
25 THERMOPLASTIC,SOLID,TRAFFIC STRIPE,12",WHITE LINEAR FEET $ 2.50 $ 3.50 $ 2.00 $ 3.00 $ 2.50 $ 3.50
26 THERMOPLASTIC,SOLID TRAFFIC,STRIPE 18",WHITE LINEAR FEET $ 2.95 $ 4.95 $ 2.50 $ 4.25 $ 3.00 $ 4.00
27 THERMOPLASTIC,SOLID TRAFFIC,STRIPE 24",WHITE LINEAR FEET $ 3.95 $ 5.95 $ 3.25 $ 5,25 $ 3.50 $ 4.50
THERMOPLASTIC,SOLID,TRAFFIC STRIPE, MANUAL APPLICATION, 6",
28 YELLOW - LINEAR FEET $ 1.25 $ 1.50 $ 1.00 $ 1.50 $ 1.00 $ 1.25
29 THERMOPLASTIC,SOLID,TRAFFIC STRIPE,8",YELLOW LINEAR FEET $ 1.50 $ 1.75 $ 1.25 $ 1.50 $ 1.50 $ 1.75
30 THERMOPLASTIC,SOLID,TRAFFIC STRIPE,12",YELLOW LINEAR FEET $ 0.01 $ 0.01 $ 2.00 $ 3.00 $ 0.01 $ 0.01
31 THERMOPLASTIC,SOLID TRAFFIC,STRIPE 18",YELLOW LINEAR FEET $ 2.95 $ 4.95 $ 2.50 $ 4.25 $ 3.00 $ 4.00
32 THERMOPLASTIC,SOLID TRAFFIC,STRIPE 24",YELLOW LINEAR FEET $ 0.01 $ 0.01 $ 3.25 $ 5.25 $ 0.01 $ 0.01
Packet Page -673-
PM:ALEXBLANCO 4/12/2016 16.A.20.
PS: EVELYN COLON Downloaded Specifications:39
Submittals:3
s iy '- s ``.ri.` ? r `' .� '`" ..,� �, .�+- ti 'u �,a: 2 <• �L =tr'Y- .1,F.: ,. r C;,a'�d" dr�,�i,; 3. y. 52 ..= t l
a $ � a r £ t 4 4# 0 - 1,40
s . •x_
33 RAISED PAVEMENT MARKER, FURNISH&INSTALL,QTY: 1-199 EACH $ 3.00 $ 6.00 "(rV,gc qq' t $ 3.50 "'",T 1' °
t' I r, 4. .i,$'
34 RAISED PAVEMENT MARKER, FURNISH&INSTALL,QTY: 200-500 EACH $ 3.00 $ 6.00 $ 3 25 ,t(1-((+4,1/(1-44/,°.k
35 RAISED PAVEMENT MARKER, FURNISH&INSTALL,QTY:501-1,000 EACH $ 3.00 $ 6.00 $ 3.00
36 RAISED PAVEMENT MARKER, FURNISH&INSTALL,QTY: 1,001-+ EACH $ 3.00 $ 6.00 rrr $ 275 xi /
CERAMIC DISKS WITH INTERNAL REFLECTORS,6", � ` � "3= . ;
37 FURNISH&INSTALL EACH $ 4.00 $ 1.00 rF `f $ 10.00
r°
38 TRAFFIC DELINEATOR,FURNISH&INSTALL EACH $ 1500 . $ 1.00 //z T $ 55.00 T,,11/4/611110/1°1/1/1."1
39 MINIMUM TRIP CHARGE FOR PROJECTS LESS THAN$1000 EACH $ 0.01 t $ 001 � ° $ 0 01
:EC .§$`:'X -ice.- ., " ,t
40 RUMBLE STRIPS,RAISED LINEAR FEET $ 15.00 .,/, $ 1.50 � 1"" $ 5.00 ? +;(4-L F't"II
41 RUMBLE STRIPS,GROUND-IN LINEAR FEET 100
$ 0.07 _ $ 1.50 � u� �` $ v a �
42 RUMBLE STRIPE LINEAR FEET �'" �. 1 00 /� �" °
YEEEETI $ 0 Ol z,��. $ 1.50 .� $ ,ca,:">� ks«�,�
7}
43 AUDIBLE&VIBRATORY MARKINGS LENGTH $ 1.00 $ 4,750.00 $ 1.50 $ 1.50 $ 2.00 $ 4,000.00
h��.,. 1 ALE ® 'd ® r a � ., r,aa .,a� 3 s „�=1* -�, m a,r,^ a s i`n=r "6 roa 9 t
.a. � .�? �.A� f, � .. ��.�,�. � �` �- ,,,,a,.'n r�tro�'f, .,,�„ * „�£"� see aa� -�„s �.�s� � �.� z
44 PREMARK®INTERSTATE SHIELD W/VIZIGRIP®,SIZE: 4'x10' EACH $ 500.00 $ 517.00 7, *aR1' $ 715.00 f "° "
45 PREMARK®INTERSTATE SHIELD W/VIZIGRIP®,SIZE: 6'x15' EACH $ 1,000.00 $ 1,018.00 $ 1,200.00 s
46 PREMARK®INTERSTATE SHIELD W/VIZIGRIP®,SIZE: 8'x20' EACH $ 1,500.00 $ 1,71900n7 ksL - $ 1,875.00 i4",/1. `
47 PREMARK®INTERSTATE SHIELD W/VIZIGRIP®,SIZE: 8'x36' EACH $ 1,750.00 �'/ „ $ 2,699.00 ( 0 $ 2,825.00 pgy„ � ,
.,,n Y ?1T151F x e 3i: .#°.,t;; i _' ,.r `=G ? .. ;~,.., . F:'& :':�_' a k r•;2"I`
48 PREMARK®ROUTE SHIELD W/VIZIGRIP®,SIZE: 4'x 10' EACH $ 500.00 , / $ 525.00 g � L $ 575.00 41-11: : "
� 5
49 PREMARK®ROUTE SHIELD W/VIZIGRIP®,SIZE: 6'x 15' EACH $ 750.00 ; ° $ 895.00 - $ 900.00 U „ '
7114_l�ks� ] a 7v!5 r#4■■r & gi: ' CaxFAQ NL • Y .M
50 HANDICAP SYMBOL WHITE,28",90 MIL(5 PACK) PACK $ 180.00 ° F $ 250.00 $ 325.00
h k mF
51 HANDICAP SYMBOL BLUE,28',90 MIL(5 PACK) PACK $ 180.00 t("?°:! $ 250 00r $ 325.00 x 11,e� 2
52 HANDICAP SYMBOL WHITE,39",90 MIL(5 PACK) PACK $ 230.00 /. $ 319.00 � $ 390.00 °
53 HANDICAP KIT WHITE ON BLUE,40"X 40",90 MIL(2 PACK) PACK $ 169 00 F $ 23500 a $ 24500 s a�r x {r
( PACK) $ $ 285.00 01:1111/..1,41/11/ti
54 HANDICAP KIT WHITE ON BLUE,45"X 45",90 MIL 2 PACK PACK 206 00 � $ 305 00
55 HANDICAP KIT WHITE ON BLUE,48"X 48",90 MIL(2 PACK) PACK $ 21700 x°` ° $ 300 00 tTi- ` $ 315 00 � '
56 LINES BLUE,4"X3",90 LINEAR FT LINEAR FEET $ 117.00 T. �af $ 160.00 1 ) ; $ 3.50
'074 E gow- x y r ";"inY t.r dam'` 1. 1 i-7 = e' �*���2,. N 'Al'
57 AHEAD,8',WHITE EACH $ 0.01 $ 0.01 $ 272.00 $ 315.00 $ 270.00 $ 335.00
58 EXIT,8',WHITE EACH $ 0.01 $ 0.01 $ 208.00 $ 225.00 $ 180.00 $ 255.00
59 KEEP,8',WHITE EACH $ 0.01 $ 0.01 $ 225.00 $ 250.00 $ 225.00 $ 275.00
60 LANE,8',WHITE EACH $ 0.01 $ 0.01 $ 220.00 $ 234.00 $ 210.00 $ 260.00
61 LEFT,8',WHITE EACH $ 0.01 $ 0.01 $ 220.00 $ 225.00 $ 205.00 $ 255.00
62 RIGHT,8',WHITE EACH $ 0.01 $ 0.01 $ 235.00 $ 245.00 $ 225.00 $ 275.00
63 MERGE,8',WHITE EACH $ 200.00 $ 200.00 $ 310.00 $ 324.00 $ 275.00 $ 345.00
64 MPH,8',WHITE EACH $ 0.01 $ 0.01 $ 172.00 $ 185.00 $ 180.00 $ 220.00
65 ONLY,8',WHITE EACH $ 130.00 $ 130.00 $ 222.00 $ 225.00 $ 205.00 $ 250.00
66 ONLY,8',YELLOW EACH $ 0.01 $ 0.01 $ 230.00 $ 248.00 $ 205.00 $ 250.00
67 SLOW,8',WHITE EACH $ 0.01 $ 0.01 $ 217.00 $ 225.00 $ 205.00 $ 255.00
68 SLOW,8',YELLOW EACH $ 0.01 $ 0.01 $ 220.00 $ 239.00 $ 205.00 $ 260.00
69 STOP,8',WHITE EACH $ 130.00 $ 130.00 $ 227.00 $ 225.00 $ 205.00 $ 255.00
70 TURN,8',WHITE EACH $ 0.01 $ 0.01 $ 219.00 $ 225.00 $ 211.00 $ 255.00
71 THRU,8',WHITE EACH $ 0.01 $ 0.01 $ 219.00 $ 225.00 $ 211.00 $ 255.00
72 YIELD,8',WHITE EACH $ 170.00 $ 170.00 $ 234.00 $ 245.00 $ 220.00 $ 275.00
73 TURN ARROW STANDARD LEFT,8'X 6'1" EACH $ 100.00 $ 100.00 $ 150.00 $ 159.00 $ 145.00 $ 175.00
74 TURN ARROW STANDARD RIGHT,8'X6'1" EACH $ 100.00 $ 100.00 $ 150.00 $ 159.00 $ 145.00 $ 175.00
75 TURN ARROW LEFT,4'X3' EACH $ 0.01 $ 0.01 $ 70.00 $ 65.00 $ 80.00 $ 95.00
76 TURN ARROW RIGHT,4'X3' EACH $ 0.01 $ 0.01 $ 70.00 $ 65.00 $ 80.00 $ 95.00
77 U-TURN ARROW LEFT,10'X7'6" EACH $ 0.01 $ 0.01 $ 273.00 $ 303.00 $ 265.00 $ 325.00
78 BICYCLE DESIGNATED LANE,4'X2'(5 PACK) PACK $ 340.00 $ 340.00 $ 473.00 $ 480.00 $ 475.00 $ 525.00
79 BICYCLE DESIGNATED LANE,8'X4'(2 PACK) PACK $ 235.00 $ 235.00 $ 327.00 $ 330.00 $ 300.00 $ 335.00
80 BICYCLE DESIGNATED LANE,6'X3'(5 PACK) PACK $ 496.00 $ 496.00 $ 690.00 $ 700.00 $ 650.00 $ 725.00
81 BICYCLE SYMBOL,6'X3'4"(5 PACK) PACK $ 540.00 $ 540.00 $ 750.00 $ 760.00 $ 650.00 $ 725.00
82 BIKE LANE STRAIGHT ARROW,6'X2'(2 PACK) PACK $ 85.00 $ 85.00 $ 118.00 $ 120.00 $ 130.00 $ 145.00
83 BIKE,4'X2'6"(4 PACK) PACK $ 432.00 $ 432.00 $ 583.00 $ 585.00 $ 555.00 $ 640.00
84 LANE,4'X2'10"(4 PACK) PACK $ 432.00 $ 432.00 $ 583.00 $ 585.00 $ 555.00 $ 640.00
85 ONLY,4'X2'10"(4 PACK) PACK $ 432.00 $ 432.00 $ 600.00 $ 605.00 $ 555.00 $ 640.00
Packet Page -674-
PM:ALEX BLANCO 4/12/2016 16.A.20.,
PS: EVELYN COLON Downloaded Specifications:39
Submittals:3
I 11'EM n a u ° ,q �.,, ." s s - i ''� " r '';: 4 k �'
I s l�DES rf,1PdJON NIT 7i, �' u�{{€a�z e 155a„yr t 1,617N fit ;}y� }�] y ' .,. /gam,, A ). » d r ry3g" Of ,..
5£ s $ 4y�! �^° 4 +f1 a:k!P4x" 9`S w � ,�}a� l�;t^S� P¢d �h .h'�9. �'Y r � 6;d� w'II4 P z��lW
7R'm.,*:IER i1QTF1,ASTIC PREP EAT`. `t. ,i,:q-s °'. ,`71..1'2,40)*Aliieg 044e)1L' t :,;;roe D 1.144;,a 24., A ..14: TtiviValtMt
AHEAD,8,WHITE EACH $ 0.01 $ 0.01 $ 270.00 $ 315.00 $ 295.00 $ 360.00
87 EXIT,8',WHITE EACH $ 0.01 $ 0.01 $ 205.00 $ 225.00 $ 205.00 $ 280.00
88 KEEP,8',WHITE EACH $ 0.01 $ 0.01 $ 225.00 $ 238.00 $ 250.00 $ 300.00
89 LANE,8',WHITE EACH $ 0.01 $ 0.01 $ 220.00 $ 230.00 $ 235.00 $ 285.00
90 LEFT,8',WHITE EACH $ 0,01 $ 0.01 $ 220.00 $ 230.00 $ 230.00 $ 280.00
91 RIGHT,8',WHITE EACH $ 0.01 $ 0.01 $ 235.00 $ 245.00 $ 250.00 $ 300.00
92 MERGE,8',WHITE EACH $ 190.00 $ 190.00 $ 310.00 $ 324.00 $ 300.00 $ 370.00
93 MPH,8',WHITE EACH $ 0.01 $ 0.01 $ 170.00 $ 185.00 $ 205.00 $ 245.00
94 ONLY,8',WHITE EACH $ 125.00 $ 125.00 $ 220.00 $ 225.00 $ 230.00 $ 275.00
95 ONLY,8',YELLOW EACH $ 0.01 $ 0.01 $ 230.00 $ 235.00 $ 230.00 $ 275.00
96 SLOW,8',WHITE EACH $ 0.01 $ 0.01 $ 215.00 $ 225.00 $ 230.00 $ 280.00
97 SLOW,8',YELLOW EACH $ 0.01 $ 0.01 $ 220.00 $ 235.00 $ 230.00 $ 285.00
98 STOP,8',WHITE EACH $ 125.00 $ 125.00 $ 215.00 $ 225.00 $ 230.00 $ 280.00
99 TURN,8',WHITE EACH $ 0.01 $ 0.01 $ 219.00 $ 230.00 $ 235.00 $ 290.00
100 THRU,8',WHITE EACH $ 0.01 $ 0.01 $ 219.00 $ 228.00 $ 235.00 $ 290.00
101 YIELD,8',WHITE EACH $ 165.00 $ 165.00 $ 234.00 $ 249.00 $ 245.00 $ 300.00
102 TURN ARROW STANDARD LEFT,8'X 6'1" EACH $ 95.00 $ 95.00 $ 150.00 $ 159.00 $ 155.00 $ 185.00
103 TURN ARROW STANDARD RIGHT,8'X6'1" EACH $ 95.00 $ 95.00 $ 150.00 $ 159.00 $ 155.00 $ 185.00
104 TURN ARROW LEFT,4'X3' EACH $ 0.01 $ 0.01 $ 70.00 $ 65.00 $ 90.00 $ 105.00
105 TURN ARROW RIGHT,4'X3' EACH $ 0.01 $ 0.01 $ 70.00 $ 65.00 $ 90.00 $ 105.00
106 U-TURN ARROW LEFT,10'X7'6" EACH $ 0.01 $ 0.01 $ 270.00 $ 285.00 $ 290.00 $ 350.00
107 BICYCLE DESIGNATED LANE,4'X2'(5 PACK) PACK $ 320.00 $ 320.00 $ 455.00 $ 459.00 $ 575.00 $ 625.00
108 BICYCLE DESIGNATED LANE,8'X4'(2 PACK) PACK $ 220.00 $ 220.00 $ 315.00 $ 320.00 $ 350.00 $ 385.00
109 BICYCLE DESIGNATED LANE,6'X3'(5 PACK) PACK $ 475.00 $ 475.00 $ 670.00 $ 675.00 $ 750.00 $ 825.00
110 BICYCLE SYMBOL,6'X3'4"(5 PACK) PACK $ 520.00 $ 520.00 $ 740.00 $ 750.00 $ 750.00 $ 825.00
111 BIKE LANE STRAIGHT ARROW,6'X2'(2 PACK) PACK $ 80.00 $ 80.00 $ 115.00 $ 120.00 $ 170.00 $ 185.00
112 BIKE,4'X2'6"(4 PACK) PACK $ 420.00 $ 420.00 $ 575.00 $ 583.00 $ 635.00 $ 720.00
113 LANE,4'X2'10"(4 PACK) PACK $ 420.00 $ 420.00 $ 575.00 $ 583.00 $ 635.00 $ 720.00
114 ONLY,4'X2'10"(4 PACK) PACK $ 420.00 $ 420.00 $ 594.00 $ 599.00 $ 635.00 $ 720.00
115 REMOVE EXISTING TRAFFIC STRIPES,PAINT LINEAR FEET $ 1.50 Y'r : , P $ 1.00 ,: $ 0.70 ,
116 REMOVE PAINT SQUARE FOOT $ 3.00 , z $ 2.00 $ 1.25 ' ; � r;
'17 REMOVE EXISTING TRAFFIC STRIPES,THERMOPLASTIC LINEAR FEET $ 1.50 €,r ',:,';„:":A,,,,' $ 1.00 , $ 1.00 T*1,rt t, t
1 REMOVE THERMOPLASTIC SQUARE FOOT $ 3.00 a $ 2.00 $ 1.50 ■% ,i,
9 REMOVE EXISTING,TRAFFIC CONTROL,TEMPORARY,STRIPING TAPE,6" LINEAR FEET $ 1.50 , $ 1.00 :) $ 2.00
� �"
120 REMOVE EXISTING,TRAFFIC CONTROL,TEMPORARY STRIPING TAPE,12" LINEAR FEET $ 3.00 ) ' `r $ 1.00 $ 3.00 4 - ,Ty
066OVC ltitV yE N yK ,M,Mk Md T4 4p1B A G Ty :t . ," �v 1d k t I• is 7`t$A dV iau tt rr.
121 REMOVE EXISTING TRAFFIC STRIPES LINEAR FEET $ 1.50 ,STS" $ 1.00 $ 1.50 ,T `O"`
®REMOVE EXISTING,TRAFFIC MARKING,THERMPOPLASTIC _SQUARE FOOT $ 3.00 T'4' t.' l A $ 2.00 .,, $ 3.00 a.te,. ° ' t.
®REMOVE EXISTING,TRAFFIC STRIPE,6"THERMOPLASTIC LINEAR FEET $ 1.50 a- zr ' $ 1.00 $ 1.50 a,
124 REMOVE EXISTING,TRAFFIC STRIPE,8",THERMOPLASTIC LINEAR FEET $ 2.00 T y,, ,"t Ti $ 1.00 a $ 2.50 �u ,,,,,424,,.•;•,
125 REMOVE EXISTING,TRAFFIC STRIPE,10",THERMOPLASTIC LINEAR FEET $ 2.50 :' �` ;, S.. ,t $ 1.00 * ' , �,' $ 3.00 `. ;
126 REMOVE EXISTING,TRAFFIC STRIPE,12",THERMOPLASTIC LINEAR FEET $ 3.00 r § '`, $ 2.00 ii,4,:;*g!i,"::.;:;,:ii4 $ 3.00 i T mr
®REMOVE EXISTING,TRAFFIC STRIPE,24",THERMOPLASTIC LINEAR FEET $ 6.00 5'',4"1*1 i 1 +�, $ 3.00 $ 4.00 f� _ �r ,"
Eli REMOVE EXISTING,TRAFFIC CONTROL,TEMPORARY,STRIPING TAPE,6" LINEAR FEET $ 1.50 : ',4" i $ 1.00 w a $ 2.00 .'� T"�k xr.
IllREMOVE EXISTING,TRAFFIC CONTROL,TEMPORARY STRIPING TAPE,12" LINEAR FEET $ 3.00 .,','*Nl d '-, $ 1.00 , ,, $ 3.00 r e, "
RE 9V ' R 'E ANEt� AE f- V 3! (a Ogef$a ...' .`' 7777'7. is = a :.. :i `F� ru f & � °M"t."" . .r�;�. - " tIVi
REMOVE EXISTGRAISED
PAVEMENT MARKERS&REPLACE WITH AnTSIPPMIT T1,1. 4ZTV I; a
130 NEW ROAD PAVEMENT MARKER EACH $ 1.00 ": $ 6.0o Ts: $ 3.50 T
o
REPAIR&PATCH FROM REMOVAL OF RAISED PAVEMENT MARKER "`
131 EACH $ 2.00 $ 0.51 $ 0.50 ,1'a "° N,,{
THAT CAUSED DAMAGE TO PAVEMENT(INDENTATION) •.,',VX L.„, 4,,,`� .y yaxl :44,.., '+.%,6,,.,
j3e�c,,.,:. : '."'.. .. ,, s.,,,..r. ,, . , , r.« - .�V'• " Vii. . 1 �1 . i't. �" s ..1. a.a... i1'_flfz`y '.. .-'�..L .L: 5.�r
A auT�
Bidders Checklist Yes Yes Yes
Substitute W9 Yes Yes Yes
Immigration Affidavit Yes Yes Yes
E-Verify Yes Yes Yes
Insurance Certificate Yes Yes Yes
Local Vendor Preference Affidavit Yes No No
Opened by:Evelyn Colon,Procurement Strategist
Witness by:Jason Crouch,Procurement Strategist
Packet Page -675-
4/12/2016 16.A.20.
March 10,2016
AI'TN:Joanne Markiewicz
Collier County
Administrative Services Department
Procurement Services Division
3327 Tamiami Trail E
Naples,Florida 34112
RE: 16-6541 Roadway Paint,Thermoplastic Markings and Raised Markers
Paramount Asphalt Sealcoating Corporation
260 20th ST NE
Naples,Florida 34120
To Whom It May Concern:
My name is Nick Rivenburg and I own Paramount Asphalt Sealcoating Corporation here in
Collier County.
Asa Collier County resident and small business owner,I am addressing this letter to you as our F,
form of Protest to request an investigation into the bidding process of the following Collier
County Bid:
16-6541 Roadway Paint.Thermoplastic Markings
My company placed a bid for the aforementioned posting in hopes of further beautifying our
county's roadways.Upon viewing the electronic bids submitted on the Collier County Online
Bidding System website immediately after the bid deadline,we discovered that we were not the
lowest bidder for this posting.We,of course,did our due diligence and conducted research on
past bids,requirements,supplier pricing and laws.Our research has led us to question whether
there may have been collusion in the bidding process within the Road Maintenance Department.
We understand the gravity of this statement.However,this is not the first event tainted with the
appearance of collusion within the Road Maintenance Department A year ago,BQ Concrete
falsified several invoices and billed them to the county for work that was done.The question
arises,how do several separate invoices get approved and paid with a county official's sign off
on completion of each project before payment is released?For a company to defraud the county
as they did, someone had to be on the inside to approve all invoices.I have included a link to the
article regarding this matter below.Furthermore,when the same Roadway Paint and
Thermoplastic Markings bid was posted in 2012,the requirements for a company to bid on said
posting were stringent,to say the least.It was brought to my attention that others believed that
there was collusion at the time of that bidding process as well.The restrictions within the bid
disallowed small businesses to grow and prosper at home and prevented fewer working positions
Packet Page -676-
4/12/2016 16.A.20.
for Collier County residents.
The above mentioned examples are only what we found available to the public online, which
does not include any investigation on your part. Our biggest concern regarding this matter is the
effect it has on us as a small business.
We strongly feel that the current bid posting for Roadway Paint and Thermoplastic Markings
was put together to prevent a small business such as ours, to be the lowest bidder. To begin with,
for the past decade there was never any Pre-Mark material listed on the bid schedule. Pre-Mark
material is a very expensive product and requires a lot of time to be installed. With that said, a
company that we placed a bid against for this posting had countless line items listed at$0.01
where as ourselves and the third and final company who placed a bid for this posting, inserted a
fair amount for each line item. For your review, I have attached a copy of the price sheet for the
only company that can supply this specific Pre-Mark material as per the bid schedule. This
finding raises several questions. How can one of the three companies bidding on the same
posting insert$0.01 for countless line items while the remaining two priced their items fair and
just?The only way that a company would purposely bid a line item that costs several hundred
dollars at$0.01 would be if someone within the Road Maintenance Department communicated to
and informed them that those particular line items would not be used at all for the duration of the
contract, thus lowering their overall bid total. The company I am referencing currently has this
contract and was awarded it in 2012 as well. For the last four years,this company has had the
unfair opportunity to work closely with the Road Maintenance Department, building potential
close relationships that directly affect other small businesses hoping to bid against them.
Additionally, with the inside knowledge being shared between the two parties,the spectre of
collusion is raised again. The Pre-Mark material had to have been added to this posting to
prevent small businesses from pursuing this bid because of the known price disadvantages we
face compared to larger companies. The supplier for the Pre-Mark material did not want to
supply to us directly and essentially pushed us towards a third party supplier of their product.
Furthermore, no company would or should be permitted to bid line items listed within the Pre-
Mark section of the bid schedule at below cost. As previously mentioned, a company can only
bid line items as they did if they have the knowledge and communication coming from within.
In addition to the aforementioned, we were informed via the Q&A tab on the Collier County
Online Bidding System website that and I quote "The county wide historical spent is
approximately $1M a year." According to the Fiscal Year 2014 highlights report by Nick
Casalanguida from Collier County's Growth Management Division, Collier County's Road
Maintenance Department"Maintained 2,709 lane miles of roadways; maintained 102 miles of
medians; resurfaced 74 lane miles of pavement; converted 5.84 miles of limerock roads to
asphalt;resurfaced 4,470 linear feet of asphalt sidewalk and restriped 459.8 lane miles of
roadway." Having said that, I have attached a copy of the winning bid schedule numbers from
the 2012 solicitation for your review. Referring to the"restriped 459.8 lane miles of roadway" of
the report, if one were to take 459.8 lane miles and multiply it by line item 13 ($0.65) within the
2012 bid schedule using the numbers of the company who currently has the contract,the total
amount would equate to $1,578,033.60. We believe that it is safe to assume that"459.8 lane
miles" does not include any hand work where alternate pricing is applied, as per the bid
Packet Page -677-
4/12/2016 16.A.20.
schedule. With the addition of the handwork(stenciling, arrows,etc.),the new total amount
would be upwards of$2,000,000; which of course does not include any paint prices being added
for the resurfacing"74 lane miles of pavement."Raised Pavement Markers(RPM's)are also not
included in the new total amount,thus leading the total closer to$3,000,000 a year. We are
addressing the mere fact that according to the research conducted by Mr.Nick Casalanguida and
the 2012 bid schedule numbers from the company who currently has the contract, "The county
wide historical spent is approximately $1M a year"is a false and inaccurate statement. As a
small business, we conducted our research as I did above and safely assumed that the contract
must be worth closer to $3,000,000 a year. Only then did we decide to proceed with this bid and
were ready to invest approximately $2,000,000 into new equipment and material cost. However,
we as a small business,could not afford to invest nearly $2,000,000 into equipment and material
for a contract that would only generate us"$1M a year,"which of course is not net profit. Due to
the falsified and inaccurate statement mentioned above,this further justifies that the 2016
Roadway Paint,Thermoplastic Markings and Raised Markers bid was put together to prevent
small businesses from bidding on the contract due to its lack of quantity in the amount of work
compared to a company's start up cost to even begin the work. Essentially,we believe that that
particular statement was written to prevent us or another company from bidding on the true
contract amount because of its actual size and monetary value.
Lastly, our final concern is the simple fact that the current company who has the lowest bid and
the four years of previous contract experience lists themselves as a"Local Vendor" when they do
not have an office location within the limits of Collier County,according to Sunbiz.org. Being
that Local Vendor qualifies as having an office location and address within Collier County, said
company should not be given the opportunity to apply for Local Vendor Preference because they
operate out of Lehigh Acres, Lee County.
Ultimately, we would like line items 44— 114 to be invalidated and discarded from the
solicitation 16-6541 Roadway Paint, Thermoplastic Markings and Raised Markers. If said line
items are removed,the bid and contract should only then be awarded to the lowest bidder.
I want to take this time and thank you for your consideration and help on this matter. Please let
me know if there is anything further you need.
We look forward to hearing from you soon.
Warm regards,
Nick Rivenburg
President
Paramount Asphalt Sealcoating Corporation
0: 239-348-0777 a C: 518-542-6895
11/1//:::1
lit / {
Packet Page -678-
4/12/2016 16.A.20.
PreMark®
by Ennis-Flint
PREFORMED THERMOPLASTIC
PAVEMENT MARKINGS
PreMark is a"No Preheat"type of material:
No preheating of the road surface to a given temperature is required
(Based on Section 9.3.7 of The Institute of Transportation Engineers(ITE)Traffic Control Devices Handbook)
PRICE LIST
Effective January 15, 2015
'i r E(,"r'tJt rt ',;, �:Crlet into
Visit www ennisflint.com to view the PreMark photo gallery.
Other designs and colors of lines,legends,arrows,and markings are available.
Please call us at 800-331-8118 for more information about items not listed in this price catalog.
First-time applicators should contact Ennis-Flint for product support and free on-site training.
ViziGrip'can be added without any extra cost;please state preference at time of order
viziGrip•is a unique feature of PreMark'designed to ensure that skid resistance and retroreflectivity are maximized especially
where loss of traction in wet conditions is of major concem.ViziGrip'can be added to any of the PreMark'lines,legends,arrows,
and other designs in 90-mil and 125-mil thicknesses.
For enhanced skid/slip resistance,Ennis-Flint recommends using PreMark'with vziGrip'in areas with pedestrian and cyclist
traffic such as crosswalks,bike paths as well as parking facilities using PreMark'for lines,legends,arrows,accessibility symbols,
and word legends.
Ennis-Flint • Phone:800-331-8118 • Fax:(336)475-7900
sales @ennisflint.com • www.ennisflint.com
Packet Page-679-
PreMark Lines Non-beaded linear material isavailable. 4/12/2016 16.A.20.
.DESCRIPTION Size Size Item Number Unit Linear Ft./Qty. Price Sq.Ft. Weight Remarks
Imperial Meters Price/Ft Per Pack Per Pack Per Pack Per Pack
Lines Black 2"x 3' .05 x.91 89434080BKHS $ 1.09 120ft/36.59m $131.00 20 sq ft 26 Its Stair Strips
Lines Blade(BKQ) 3"x 3' PM600717 120ft/PK $179.00 "'Use this with 24"white"'
Lines White 4"x 3' .10 x.91 PM600100 $ 1.96 90ft/27.43m ;176.40 ° 30 sq ft 38 bs
Lines Yellow 4°x 3' .10 x.91 PM600101 $ 2.10 90ft/27.43m ;189.00 30 sq ft 38 bs
Lines Blue 4"x 3' .10 x.91 PM600107 $ 2.10 90ft/27.43m ;189.00 30 sq ft 38 bs
Lines Red 4"x 3' .10 x.91 PM600108 $2.22 90ft/27.43m $199.80 30 sq ft 38 bs
Lines Orange 4"x 3' .10 x.91 PM600109 $2.22 90ft/27.43m $199.80 30 sq ft 38 bs
Lines White 4"x 2' .10 x.61 8433070 $ 1.96 60ft/18.28m $117.60 20 sq ft 25 lbs Mini Skips
Lines White 5"x 3' .12 x.91 8432072 $ 2.62 60ft/18.28m $157.20 25 sq ft 30 lbs
Lines White 6°x 3' .15 x.91 8432061 $ 2.94 60ft 118.28m $176.40 30 sq ft 38 lbs
Lines Yellow 6°x 3' .15 x.91 8432061Y $ 3.09 60ft 118.28m $185.40 30 sq ft 38 lbs
Lines White 8"x 3' .20 x.91 PM600102 $ 3.92 4511/13.72m $176.40 30 sq ft 38 lbs
Lines Yellow 8'x 3' .20 x.91 PM600103 $ 4.20 _ 45ft/13.72m $189.00 30 sq ft 38 bs
Lines White 8"x 2' .20 x.61 8433062 $ 3.92 _ 60ft/18.28m $235.20 40 sq ft 48 lbs Mini Skips
Lines White 12"x 3' .30 x.91 8431064 $ 5.88 30ft/9.14m ;178.40 30 sq ft 38 lbs
Lines Yellow 12"x 3' .30 x.91 8431064Y $ 6.18 _ 30ft/9.14m $185.40 30 sq ft 38 lbs
Lines White 16"x 3' .40 x.91 8431065 $ 7.88 _ 30ft 19.14m $236.40 40 sq ft 50 lbs
Lines White 18"x 3' .45 x.91 8431067 $ 8.85 30ft/9.14m $265.50 45 sq ft 55 bs
Lines White 24"x 3' .61 x.91 8430566 $11.76 15ft 14.57m $176.40 30 sq ft 38 lbs
Lines Yellow 24"x 3' .61 x.91 8430566Y $12.36 15ft/4.57m ;185.40 30 sq ft 38 lbs
PreMark Yield Markings/Hump Markings 125 MIL \c/7\777'
DESCRIPTION Size Size Item Qty.Per Price Weight Remarks
Imperial Meters Number Pack Per Pack Per Pack
Yield Line(Shark's Teeth) 12'x 18" .30 x.46 8232503 25 ;297.90 27 lbs FHWA Standard
Yield Line(Shark's Teeth) 16"x 24' .40 x.61 8231006 10 $197.90 24 lbs FHWA Standard
Yield Line(Shark's Teeth) 24"x36" .61 x.91 8231002 10 $226.90 30 lbs FHWA Standard
Yield Ahead Triangle 6'x 13' 1.8 x 4.0 8230112HS 1 $231.00 35 lbs FHWA Standard
Yield Ahead Triangle 6'x 20' 1.8 x 6.1 8230111 HS 1 $323.80 42 lbs FHWA Standard
Speed Hump Marking 6'x 6' 1.8 8230126HS 2 $162.70 16 lbs FHWA Standard 0
Yi
PreMark Handicap Markings with ViziGrip' 90 MIL
DESCRIPTION Size Size item Quantity Price Weight Remarks
Imperial Meters Number Per Pack Per Pack Per Pack
16‘•
Handicap Symbol White 28" 0.71 89230536HS 5 $290.40 25 lbs FHWA/ADA
Handicap Symbol Blue 28" 0.71 89230536BHS 5 $290.40 25 lbs FHWA/ADA Hand cap Sy z,boi zs
Handicap Kit White on Blue 40"x 40" 1.01 x 1.01 89230237HS 2 $273.80 30 lbs FHWA/ADA
Handicap Kit White on Blue 45"x 45" 1.1 x 1.1 89230232HS 2 $333.60 35 lbs Caftans(Calif.)
Handicap Kit White on Blue 48"x 48" 1.25 x 125 89230230HS 2 $350.40 39 lbs
Lines Blue 4"x 3' .10 x.91 PM600200 90 linear ft $189.00 38 lbs
Handicap Symbol White 39" .97 x 1.0 89230520HS 5 $370.20 30 lbs Handicap Kit40'x40-
PreMark` Letters and Numbers (White)
DESCRIPTION Size Size Item Quantity Unit Remarks J D -
Imperial Meters Number Per Pack Price 111/\c�M�C�n
Individual Letters or Numbers 4 ft. 1.25 8150002-(#or lir) 1 $59.70 FHWA Standard-125 mil ; �ui;'A`J��j J\j 2I,
Individual Letters or Numbers 8 ft. 2.5 8130002 4 or ltr) 1 $75.70 FHWA Standard-125 mil
Individual Letters or Numbers 10 ft. 3 8120002-(#or lir) 1 $95.60 FHWA Standard-125 mil ����� �
Individual Letters or Numbers 6 in. .15 89190002HS-(#or ltr) 1 $12.40 Series B-90 mil VziGrip 0
Individual Letters or Numbers 12 in. .30 89180102HS-(#or dtr) 1 $15.60 Series B-90 mil ViziGrip `' `
FHWA Series B
Individual Letters or Numbers 24 in. .61 89160002HS-(#or Itr) _ 1 $34-50 Series B-90 mil ViziGnp Letters/Numbers
FHWA Letters/Numbers;Complies with MUTCD
Packet Page -680-
PreMark` Legends 125 4/12/2016 16.A.20.
DESCRIPTION Letter Letter H. Item n Price Weight
Height (metric) Number Pe tity Pack Per Pack Per Pack Remarks
'AHEAD' 8 ft 2.5 8130106 1 $366.90 41 lbs FHWA Standard
'BUMP' 8 ft. 2.5 8130145 1 $270.60 34 lbs FHWA Standard
'BUS' 8 ft 2.5 8130117 1 $217.90 30 lbs FHWA Standard 'f n
"CLEAR' 8 ft. 2.5 8130129 1 $306.70 41 Ibs FHWA Standard
'EAST 8 ft. 2.5 81301062 1 $262.10 34 lbs FHWA Standard
'EXIT 8 ft. 2.5 8130120 1 $262.10 34 lbs FHWA Standard
`KEEP' 8 ft. 2.5 8130128 1 $290.90 34 lbs FHWA Standard 1
"LANE' 8 R 2.5 8130113 1 $272.10 34 lbs FHWA Standard [1 il I
'LEFT 8 ft. 2.5 8130109 1 $262.10 34 lbs FHWA Standard
"MERGE' 8 ft 2.5 8130116 1 $376.20 41 lbs FHWA Standard
"MPH' 8 ft. 2.5 8130115 1 $217.90 30 lbs FHWA Standard
'NORTH' 8 R 2.5 81301012 1 $360.00 41 lbs FHWA Standard
"ONLY" 8 ft. 2.5 8130102 1 $264.30 34 lbs FHWA Standard
TED" 8 ft 2.5 8130114 1 $217.90 30 lbs FHWA Standard U
°RIGHT' 8 ft. 2.5 8130108 1 $287.00 41 lbs FHWA Standard
"R X R'Kd FHWA 20'x 8' 6 x 2.5 PMK8130103A 1 $506.00 791bs FHWA Standard , 11.li
"R° 6'6" 2 8130203 2 ;151.90 17 lbs Narrow
°R X R'IGt Narrow 20'x 6'6' 6 x 1.98 PMK8130103A-SP1 1 ;506.00 75 Ibs FHWA Standard
'SIGNAL" 8 ft. 2.5 8130105 1 $366.90 45 lbs FHWA Standard
'SCHOOL' 10 ft. 3 8120100 1 $529.90 65 lbs FHWA Standard , L t-�
'SCHOOL' 8 R 2.5 8110101 1 $411.40 52 lbs FHWA Standard D
"SCHOOL'YELLOW 8 ft. 2.5 8110101Y 1 $427.50 52 lbs CALTRANS ./
'SLOW 8 ft. 2.5 8130110 1 $262.10 34 lbs AIWA Standard
'SLOW YELLOW 8 ft. 2.5 8130110Y 1 $274.60 34 lbs CALTRANS
"SOUTH' 8 ft. 2.5 81301013 1 $360.00 41 lbs FHWA Standard
°STOP' 8 ft 2.5 8130104 1 $262.10 34 lbs FHWA Standard ., \
"WEST 8 ft. 2.5 8130125 1 $273.50 34 lbs FHWA Standard
"XING" 8 ft. 2.5 8130107 1 $275.90 33 lbs FHWA Standard
'XING YELLOW 8 ft 2.5 8130107Y 1 $282.40 33 lbs CALTRANS
\..
'YIELD" 8 R 2.5 8130127 1 $286.80 41 lbs FFtWA Standard -'NO PARKING' 12" .30 89180135HS 1 $135.40 White'-Series B
Example illustrations
'FIRE LANE' 12" .30 89180121 HS 1 $119.50 White'-Series B not drawn to scale ,
The above chmenalens am nominal sizes;package inserts include(*abed dimensions and letter spacing. 'Also available in red and yellows
PreMark' interstate Shields l US Shields (Requires PreMark' SP Sealer-induoeci in c4-ice) 125 MIL
DESCRIPTION Size Size Item Qty. Price Weight Remarks
Imperial Meters Number Per Pack Per Pack Per Pack
Interstate Shield(RedMfiite/Blue) 4'x 10' 1.22 x 3.05 82301004101S-# 1 $ 632.60 45-50 lbs
Interstate Shield(Red/White/Blue) 6'x 15' 1.82 x 4.55 823010061515# 1 $1,162.70 45-50 lbs FHWA Std pfQ Mat k
Interstate Shield(Red/White/Blue) 8'x 20' 2.44 x 6.10 82301008201S-# 1 $1,989.70 45-50 lbs FHWA Std .clal?Y
Interstate Shield(Red/White/Blue) 8'x 36' 2.44 x 10.92 8230100836154 1 $3,105.60 45-50 lbs ;:^l'''
,
US Shield(BlackMfiite) 4'x 10' 1.22 x 3.05 8230100410U5# 1 $ 594.40 45-50 lbs . A
US Shield(BladdWhite) 6'x 15' 1.82 x 4.55 8230100615US-# 1 $ 953.10 45-50 lbs
Accessories
DESCRIPTION Size Item No. Quantity Price Weight Remarks
PreMark SP Sealer Kit Covers 90 sq.ft. PM8709010 1 $85.00 11 lbs 2 prettied sealer cartridges,nixing nozzles,rollers,latex gloves
PreMark•SP Sealer Gun 300/600 4116280 1 $64.00 6 lbs Sealer not included
Packet Page -681-
4/12/2016 16.A.20.
Size Imp Size Mt s Qty Price Weight
Fig DESCRIPTION (1 x w)" (I x w) Idatn NOm Per Pack Per Pack Per Remarks
A Turn Arrow Standard Rev' 87 x 67 2.5 x 1.9 _ 8330241 NB 2 ;369.20 54 lbs FHWA Std/Caftans Type IV
A Turn Arrow Standard Left 82"x 6'3"_ 2.5 x 1.9 83302411 2 $369.20 54 lbs FHWA Std/Caltrans Type IV
A Turn Arrow Standard Right 8'2"x 53" 2.5 x 1.9 8330241R 2 $369.20 54 lbs FHVVA Std/Caltrans Type IV
B Straight Arrow Standard 9'10°x 3'3' 3 x 1 8330240 2 $318.40 34 lbs FHVVA Std/Caltrans Type I
C Combi Arrow Standard Rev' 13'?x 7'4" 4 x 224 8330142N8 1 $333.90 38 Nis FHWA Std/Caftans Type VII
_
C Combi Arrow Standard Left 13'1"x 7'4" 4 x 2.24 83301421 1 $333.90 38 lbs FHWA Std/Caltrans Type VII
C Combi Arrow Standard Right 13'1°x T4° 4 x 224 8330142R 1 $333.90 38 lbs FHWA Std/Caftans Type VII
D Tum Arrow Elongated Rev' 12'x 3' 3.66 x.91 8330247NB 2 $370.20 26 lbs FHWA Standard
D Turn Arrow Elongated Left 12'x 3' 3.66 x.91 8330247L 2 $370.20 26 lbs FHWA Standard
_
D Turn Arrow Elongated Right 12'x 3' 3.66 x.91 8330247R 2 $370.20 26 lbs FHWA Standard
E Straight Arrow Elongated 12'x 1'8" 3.66 x.51 8330248 2 $321.40 14 lbs FHWA Standard
F Combi Arrow Elongated Rev' 20'x 37" 6.1 x 1.09 8330149NB 1 $324.80 19 lbs FHWA Standard
F Combi Arrow Elongated Left 20'x 37" 6.1 x 1.09 8330149L 1 $324.80 19 lbs FHWA Standard
F Combi Arrow Elongated Right 20'x 37" 6.1 x 1.09 8330149R 1 $324.80 19 lbs FHWA Standard
G Turn Avow Rev'-Caltrans 24'x 6' 7.32 x 1.83 8330150NB 1 $487.90 55 lbs Caltrans Type III(Calif.)
H Straight Arrow-Caltrans 18'x 3'6" 5.49 x 1.07 8330251 2 $608.50 63 lbs Caltrans Type I(Calif.)
I Combi Arrow Rev"-Caltrans 24'x 6'9" 7.32 x 2.06 8330152NB 1 $517.60 67 lbs Caltrans Type II(Calif.)
J Straight Arrow Eking-Caltrans 24'x 3'6" 7.32 x 1.07 8330159 1 a $385.10 66 lbs Caltrans Type I(Calif.)
K Lane Reduction Arrow Rev" 18'x 5'8" 5.49 x 1.73 8330155N8 1 $476.40 47 lbs FHWA Standard
L Lane Reduction Arrow Rev.' 17'6"x 56" 5.64 x 2 8330157NB 1 $476.40 47 lbs Caltrans Type VI(Calif.)
1 M U-Tum Arrow Left 10'4"x 7'9' 3.15x 2.36 8330143L 1 $352.20 39 lbs
N Exit Ramp(Wrong Way)Arrow 24' 7.32 8330252 2 $361.50 63 lbs FHWA Standard
O Combi Left/Straight/Right Arrow 137 x 11'6" 4.01 x 3.50 8330144 1 $409.50 53 lbs.
P Combi Lett/Right Arrow 8'2'x 11'6" 2.5 x 3.50 8330182 1 $341.30 45 lbs.
J
Q Mini Straight Arrow 6'x 2'4" 1.8 x.69 89330268 2 $142.50 24 lbs FHWA Standard(90 mil)
R Mini Tum Arrow 56'x 47 1.67 x 1.27 89330274(+) 2 $171.80 24 lbs 90 mi
S Mini Combi Arrow 6'x 2'1' 1.8 89330259(+) 2 $261.00 10 lbs 90 mi
T Roundabout Fish-hook Arrow 20'x 8'7° 6.1 x 2.62 PM602004 1 $486.80 50 lbs FHWA Standard 2009 MUTCD
U HOV Designated Lane 13'x 3'3° 3.99 x.99 PM600339 5 $429.20 75 lbs. FHWA Standard
Reversible dears do not have surface&lass beads. "Overall dimensions shown.Package inserts include detailed dimensions. Example illustrations not drawn to scale
Fig.
RgA Tum24'x6'1/lk
Tum Arrow Caltrans Type III
82'x 6'3" Fig.8 Fig.C 'ii\ L
FHWA Standard& Straight 910'x 3'3" Combi
Fig.J
Caltrans Type N FHWA Standard& 13'1"x 74" Elong.Straight
Fig.I
Caltrans Type I FHWA Standard& Fig.D
fig.E Fig,F Fig,H Combi 24'x 3'6"
Caltrans Type VII Elongated Turn Bong Straight Elongated Combi Straight 24,x6'9„ Caltrans
12k 3' 12'x 3' 20' 18'x 3'6" Caltrans Type l l Type l
FHWA Standard FHWA Standard FHWA Standard Caltrans Type I
Fig.T
1Cc? , \\/\\ 41 A 4*V./i_ Roundabout
Fish-Hoak
\ Fig,R 20'x 8'7"
s\1evmr iniT 5'6" � '.
Fig.P
Fg.K fig.L Combi UR
Lane Reduction Lane Reduction Fig.M 8'2"x 11'6"
18'x 5'8" 17'6"x S'6" U Turn Arrow Fig.N Fg.O fig.Q V
FHWA Standard Caltrans Type VI 10'4"x7'9" Exit Ramp Combi US/R Mini Straight
HO
(Wrong Way) 13'2"x 11'6" 6'x 2'4" Fig.5 13'x 3'3°
Mini Comhi 6'
Packet Page -682-
-rIglif2 UwGrtpuwr, .710 : races 6Uy .win MUMMY MA(rneu ratan Ill 4/12/2016 16.A.20.
A Bike symbol 6'x 3'4' 1.8 x 1 5 89230576(+)HS $871.50 35 lbs FHW4 Standard 2009 MUTCD
B Bicycle Rider 6'x 3'4' 1.8 x 1 5 PM602006(+) 6800.90 35 lbs RAMA Standard 2009 MUTCD
M
C Bicycle Rider 6'6'x 3'4' 2 x 1 5 89230524(+)HS $800.90 35 lbs FNMA Standad-2004 SHS Book
C Bicycle Rider 8'x 4' 2.5 x 125 2 89230223(+)HS $379.10 30 lbs
C Bicycle Rider 4'x 2' 1.25 x.62 5 89230525(+)HS $549.40 25 is
D Shared Lane Symbol 9'4"x 3'4' 2.82 x.99 2 PM600833(+) $411.80 35 lbs FHw4 Stallard 2009 MUTCD
E Shared Lane Symbol 9'3'x 3'3" 2.82 x.99 2 892302464HS $411.80 35 lbs
-
F Bicycle Loop Detector 3'T x 12" 1.09 x.30 5 89230577(+)HS $477.20 22 lbs FHWA Standad 2009 MUTCD
G Bike Lane Straight Mow 6'x 2' 1.8 2 PM602005 $137.00 24 lbs FHWA Standard 2009 MUTCD
H Bike Lane Straight Arrow 6'x 2'4" 1.8 x.69 2 89330268HS $142.50 24 lbs FHW4 Standard-2004 SHS Book
I Bike Turn Arrow 4'T x3'6' 1.4 x 1.1 2 PM6902756(+) 137.00 24 lbs
N/A FHWA TED" 4' 125 2 89150214HS $295.10 16 lbs FHWk Standard
J FHWA"BIKE" 4' 1.25 2 89150248HS $348.50 20 lbs FHW\Standard
K FHWA"LANE" 4' 125 2 89150213HS $348.50 20 lbs FNMA Standard
L FHWA"ONLY" 4' 125 2 89150202HS $348.50 20 lbs FHWAStandad
M FHWA"STOP" 4' 125 2 89150204HS $348.50 20lbs AIWA Standa d
N FHWA"XING" 4' 125 2 89150207HS $348.50 19 lbs FMNkStatdad
O Pedestrian Symbol 8' 2.5 2 89230226HS $310.60 36 lbs 90 m4! 1\ 1
r ,f t J �L lilil\li-1 .
11,:,\, ,� �� /� / \ // Fig. Fig. Fg.L li I '10\\I( ,.1 ov) -3 i
( (v r }
`/-` :4iii''\ 11 (011(1). (CV(61 il ii) I'lq)1 LIINY-116-))) I ' .\\-- '/-'11/ cul 1 ) IA r, 51
Fig.A Fig.B Fig.C Fig.D Fig.E Fig.F Fig.G Fig.H Fig.I Ftg I Fig.M Fig.N Fig.I
PreMark Bike Contrast Panels/'Bike Boxes White w%E-F Bike Lane GREEN Contrast 90 MIL
Available in both PreMark ViziGrip and PreMark SK material, (with PreMarr SP Seal....
r'�i9- .vIziGrit,
1--':,-i.:1 SK
Figure Description Background Sae ter/Pack PreMark V ziGriip PreMark SK(tiled 044$) Price!Pk Remarks
Color Item Number Item Number
A Bicycle Symbol Bike Lane Green 4'w x 7'h 1 PM6902767(+)VG PMSK6902767(+) $272.00 FFf# Standad 2009 MUTCo
B Bicycle Rider Bike Lane Green 4'w x 7'h 1 PM6902766(+)VG PMSK6902766(+) $272.00 RAW Standard 2009 MUrco
C Bicycle Rider Bike Lane Green 4'w x 7'h 1 PM6902765(+)VG PMSK6902765(+) $272.00 FEMA Standard-2004 SHS Book
D Shared Lane Symbol Bike Lane Green 4'wx10'h 1 PM6902768(+)VG PMSK6902768(+) $388.50 FI-MA Standard 2009Mura)
E Shared Lane Symbol Bike Lane Green 4'w x 10'h 1 PM6902769(+)VG PMSK6902769(+) $388.50
F Bike Loop Detector Bike Lane Green 4'w x 4'h 1 PM6902770(+)VG PMSK6902770(+) $155.30 FNMA Standard 2009 MUTCI
G Bike Straight Mow Bike Lane Green 4'w x Th 1 PM6902763VG PMSK6902763 $272.00 RAW Standard zoo9Mlrrco
H Bike Turn Arrow Bike Lane Green 4'w x 7'h 1 PM6902762(+)VG PMSK6902762(+) $272.00
I Bike Straight/rum Combi Bike Lane Green 4'w x 7'h 1 PM6902764(+)VG PMSK6902764(+) $272.00
J FHWA"BIKE" Bike Lane Green 4'w x 7'h 1 PM6902757VG PMSK6902757 $272.00 FHyW Standard
K FHWA"LANE" Bike Lane Green 4'w x 7'h 1 PM6902758VG PMSK6902758 $272.00 FF
L FHWA"ONLY" Bike Lane Green 4'w x 7'h 1 PM6902759VG PMSK6902759 $272.00 FtivunStardaa
M FHWA"STOP" Bike Lane Green 4'w x 7'h 1 PM6902760VG PMSK6902760 $272.00 FtnVII4Standard
N FHWA"XING" Bike Lane Green 4'w x 7'h 1 PM6902761VG PMSK6902761 $272.00 FHIAA Standard
N/A 24°Linear 90 mil Bike Lane Green 24'w x 36°h 30 sq ft 89430566LGHS PMSK89430566LG $210.00
N/A 12"Linear 90 mil Bike Lane Green 12'w x 36'h 30 sq ft 89431064LGHS PMSK89431064LG $210.00
N/A 6"Linear 90 mil Bike Lane Green 6'w x 36'h 30 sq ft 89432061 LGHS PMSK89431068LG $210.00
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Packet Page-683-
.. _ . 4/12/2016 16.A.20.
PreMark Border Contrast Markings Lines and Legends 125 MIL
DESCRIPTION Size Size Border Item Linear Ft.t Price Weight
Imperial Meters _ Width Number Qty.Per Pack Per Pack Per Pack
Lines-White with border 4°x 3' .10 x.91 1.5" 843156000NT 45 ft 113.72m $161.90 35 bs
T
Lines-Yellow with border 4"x 3' .10 x.91 1.5" 8431560YCONT 45 ft/13.72m $166.60 35 bs
Lines-White with border A 5"x 3' i .12 x.91 1.5" 8431572CONT 45 It/13.72m $185.40 39 lbs
Lines-Yellow with border 5"x 3' .12 x.91 1.5" 8431572YCONT 45 it/13.72m $190.60 39 bs
Lines-White with border 6"x 3' .15 x.91 1.5" 8431061CONT 30 ft/9.14m ;138.90 , 31 lbs
Lines-Yellow with border 6°x 3' .15 x.91 1.5" 8431061YCONT 30 ft/9.14m $142.70 31 bs
Lines-White with border 8"x 3' .20 x.91 3" 8431062CONT 30 ft/9.14m $215.90 47 bs
Lines-Yellow with border 8"x3' .20x.91 3° 8431062YCONT 30 ft/9.14m $222.20 47 lbs
Lines-White with border 12"x 3' .30 x.91 1.5" 8431064CONT 30 ft/9.14m $291.80 50 bs
16x20 RXR RETRO KIT Fits PMK8130103ASP1 3° PPAK8130103A-SP1'COW 1 $325.10
Lines-White with border 16)3' 3" 8431067CONT 15ft/4.57m $230.80 60 bs
AHEAD-White with border 8' 2.5 1.5" 8130106CONT 1 $389.70 60 bs
ONLY-White with border 8' 2.5 1.5" 8130102CONT 1 ;291.70 47 lbs
SCHOOL-White with border 8' 2.5 1.5" 8110101CONT 1 $459.20 70 bs
SCHOOL-Yellow with border 8' 2.5 1.5" 8110101YCONT 1 $473.10 70 bs
SCHOOL-White with border 10' 3 1.5° 812010000NT 1 $669.50 85 lbs
XING-White with border 8' 2.5 1.5" 8130107CONT 1 $287.10 46.5 lbs
XING-Yellow with border 8' 2.5 1.5" 8130107YCONT 1 $295.20 46.5 lbs
STOP-White with border 8' 2.5 1.5" 8130104CONT 1 $298.90 47.5 lbs
For lines wider than 8°,use white and black linear PreMark°material.
PreMark' Border Contrast Markings - Arrows 125 MIL
DESCRIPTION Size Size Border Item Qty. Price Weight
Imperial Meters Width Number Per Pack Per Pack Per Pack
Tum Arrow Left 8'2"x 6'3" 2.5 x 1.9 4" PM300100LCONT 1 $222.20 42 lbs
Turn Arrow Right 8'2"x 6'3" 2.5 x 1.9 4" PM300100RCONT 1 $222.20 42 lbs
Combi Arrow Standard Left 13'1"x T4" 4 x 2.24 4° PM300300LCONT 1 $447.90 53 lbs
Combi Arrow Standard Right 13'1"x 7'4" 4 x 2.24 4" PM300300RCONT 1 $447.90 53 lbs
Straight Arrow 9'10"x 3'3" 3 x 1 4" PM30011000NT 1 $241.90 29 lbs
PreMark Block Contrast Markings (Requires PreMark• SP Sealer- ) 125 MIL
DESCRIPTION Size Imperial Size Meters Item Number Qty. Price Per Each Weight Per Pack
8'ONLY w/Block Contrast 8'x 9' 2.5 x 2.7 PM600700 1 $588.50 40-50 lbs
8'AHEAD w/Block Contrast 10'x 9' 3 x 2.7 PM600701 1 ;714.70 40-50 lbs
8'STOP w/Block Contrast 8'x 9' 2.5 x 2.7 PM600705 1 $588.50 40-50 lbs
8'Turn Arrow w/Block Contrast 8'x 9' 2.5 x 2.7 PM600702-L 1 $588.50 40-50 lbs
9' a.M \11 9' A E A III4 v
g g g c l'-'':
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PreMark" Bike Contrast Panels White w/Black* 90 MIL
Fig Description Background Color Size Qty/Pack PreMark ViziGrip Item Number Qty/Pack VG Price I Pk Remarks
M Bicycle Symbol Black 4'w x 7'h 1 PM600723(+) 1 $272.00 FHWA Standard
N Bicycle Rider Black 4'w x 7'h 1 PM600847(+)-BK 1 $272.00 FHWA Standard
0 Straight Arrow Black 4'w x 7'h 1 PM600728-BK 1 $272.00 FHWA Standard
6 P Shared Lane Symbol Black 4'w x 10'h 1 PM600722L 1 $388.50 FHWA Standard
Packet Page -684-
. 4/12/2016 16.A.20.
DESCRIPTION Size Meters Item Number Pack Qty Price/Pack Weight/Pack Remarks
°NO DUMPING...'BIueJWhite 29'x 5' .73 x.12 call-based on wording 15 $358.70 30 lbs Clean Water Act "-�-�- �'
DRNlNS TC)
NO DUMPING...'Blue/Mile 12'x 12° .30 x.30 call-based on wording 15 $358.70 30 lbs Clean Water Act <)CEAN
'y"v HQ Iy±I ' 29"x 5' 12"x 12"
�i Options:Drains to...
= DRAINS
TO 4100 River,Creek,Bay,Ocean,Stream,etc
PreMark' Rumble Bar Kit (includes non-beaded bases + bars for proper application)
DESCRIPTION Sae Base Size Bars Item Number Linear Ft!Pack Price/Pack Weight!Pack Remarks
Single RB Kit-White(12 bases+12 bars) 4°x 3'base 2"x 3'bar PM602002 36 ft $158.30 39 lbs 250 mil bar
Double RB Kit-White(6 bases+12 bars) 8'x 3'base 2"x 3'bar PM602003 18 ft $157.10 37 lbs 250 mil bar
Single Rumble Bar Kit-Black(12 bases+12 bars) 4"x 3'base 2"x 3'bar PM602002BK 36 ft $162.00 39 lbs 250 mil bar
Double Rumble Bar Kit-Black(6 bases+12 bars) 8°x 3'base 2°x 3'bar PM602003BK 18 ft $160.70 37 bs 250 mil bar I
Single Rumble Bar Kit-Yellow(12 bases+12 bars) 4°x 3'base 2"x 3'bar PM602002Y 36 ft $162.00 39 lbs s 250 mil bar
Double Rumble Bar Kit-Yellow(6 bases+12 bars) 8"x 3'base 2°x 3'bar PM602003Y 18 ft $160.70 37 lbs 250 mil bar
Single RB Kt-Black Base lAbite Bar(12 bases+12 bars) 4'x 3'base s 2"x 3'bar PM602009 36 ft $160.20 39 lbs 250 mil bar
Double RB Kit-Black BasedW ire Bar(6 bases+12 bars) 8"x 3'base 2"x 3'bar PM602010 18 ft $158.90 37 lbs 250 mil bar
Single Rumble Bar Kit ollowillikkallm Double Rumble Bar Kit
I
125mi14"base/250mi12"bar ( 1" 2" � 1"I 125mit8"base/250mi12'bar I.S"I 2" 3° I 2" IS"I
PreMark' Manhole Protection Rings (Available in Black or Grey, 125 MIL
DESCRIPTION Size Imperial Size Meters Item Number Qty Per Pack Price Per Pack Weight Per Pack Remarks
Manhole Kit 8"I.D.Black 8"1.D. .201.0. 8230252BKNB 2 $138.10 15 lbs 125mi1/ring
Manhole Kit 10"I.D.Black 10"LD. .25 I.D. 8230240BKNB 2 $157.00 17 lbs 125 mil/ring
Manhole Kit 24"I.D.Black 24'1.D. .61 I.D. 8230257BKNB 2 $207.50 30 Ibs 125 mil/ring
Manhole Kit 26"I.D.Black 26"I.D. .661.D. 8230241 BKNB 2 $214.50 35 lbs 125 mil/ring
Manhole Kit 28'I.D.Black 28°I.D. .71 I.D. 8230248BKNB 2 $228.90 s 40 lbs 125 mil/ring
Manhole Kit 32'1.D.Black 32"I.D. .81 I.D. 8230242BKNB 1 $130.50 25 lbs a 125 mil/ring
Each Manhole Kit consists of 3 rings at 125 oil thickness per ring.Other sizes avaiiadle. '
PreMark` Blackout Material (Available in Black or Grey) 125 MIL
DESCRIPTION Size Imperial Size Meters Item Number Linear Ft Per Pack Price Per Pack Sq.Ft.Per Pack Weight Per Pack
Blackout Material 4"x 3' .10 x.91 8452060BKQ 60ft!18.28M $119.40 20 sq ft 28 lbs
Blackout Material 6"x 3' .15 x.91 8452061BKQ 60ft!18.28M $170.50 30 sq ft 38 lbs
Blackout Material 12"x 3' .30 x.91 8451064BKQ 30ft/9.14M $170.50 30 sq ft 38 lbs
Blackout Material 24'x 3' .61 x.91 8450566BKQ 15ft/4.57m $170.50 30 sq ft 38 lbs
PreMark' Adhesives
DESCRIPTION Size Imperial Size Meters Item Number Qty Per Pack Price Per Pack Weight Per Pack Remarks
BUNDY°White 5"x 5' .12 x.12 8430055 140 $142.40 38 lbs RPM Adhesive
BUNDY°Yellow 5"x 5" .12 x.12 8430055Y 140 $142.40 38 lbs RPM Adhesive
BUNDY°Black 5"x 5" .12 x.12 8430055BK 140 $142.40 38 lbs RPM Adhesive
BUNDY"Blue 5"x 5" .12 x.12 84300556 140 $142.40 38 lbs RPM Adhesive
BUNDYAdhesive/Sealer 13 oz.spray can 621209 1 $ 12.80 s 2 lbs Concrete applications
SUPER BUNDY°Pad 8°x 8' .20 x.20 8434056 80 $214.90 40 lbs 100 mil each-use 2
SUPER BUNDY°Strip 2"x 39° .05 x i 8434058 80 $333.70 39 lbs , 100 mil each-use 2
Flint Accessories
DESCRIPTION Size Item No. Quantity Price Weight Remarks
Flint 2000EX°Heat Torch 5°Nozzle 530100 s 1 $ 938.20 s 11 lbs Cylinder not included
Flint 2000EX Trolley For 20-40 Cyl. 530108 1 $ 173.00 40 lbs Cylinder not included
C-20 LPG Cylinder 20 lb.capacity 530105 1 $ 53.50 20 lbs
C-40 LPG Cylinder 40 lb.capacity 530107 1 $ 101.00 40 lbs
StreetHeat SR28 s 24"Heating Width EQ-SR28 1 s $8500.00 s Infrared heater for large volume application
PreMark1°Sealer 4 liters(covers 150 sq.ft.) 624206-4 1 $ 44.10 7 lbs Use sealer for PreMark°
PreMark°Sealer 20 liters 624206-20 1 $ 203.60 50 lbs applications on concrete
PreMark°SP Sealer Kit Covers 90 sq.ft. PM8709010 1 $ 85.00 11 lbs 2 pie-filled sealer ridges,mixing nozzles.Corers,latex gloves
Packet Page -685-
runt iraamg, Inc. (aoa Innis-runt) 4/12/2016 16.A.20.
Terms and Conditions of Sale Limitation of Sellers Liability:
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN,IN NO EVENT SHALL SELLER
BE LIABLE HEREUNDER OR OTHERWISE FOR ANY EXEMPLARY,PUNITIVE,REMOTE,
These Terms and Conditions of Sale set forth the terms and conditions upon which SPECULATIVE,CONSEQUENTIAL SPECIAL OR INCIDENTAL DAMAGES OR LOSS OF PROFITS,
Flint Trading,Inc,dba Ennis-Flint("Seller")will sell certain products to the buyer AND NO CLAIM SHALL BE MADE OR AWARDED AGAINST SELLER,FOR ANY SUCH DAMAGES
("Buyer's.Any attempted modification of these Terms and Conditions by Buyer,and OR LOSS OF PROFITS.SELLER'S LIABILITY AND BUYER'S EXCLUSIVE REMEDY FOR ANY CAUSE
any additional or different terms included in any document provided by Buyer are OF ACiION ARISING IN CONNECTION WiTH THE SALE OR USE OF THE PRODUCTS,WHETHER
hereby rejected unless conspicuously and expressly agreed to in writing by Seller. IN LAW OR IN EQUITY OR WHETHER IN CONTRACT OR IN TORT,AND WHETHER BASED
UPON NEGLIGENCE,STRICT LIABILITY,BREACH Of WARRANTY,BREACH OF CONTRACT OR
Price: EQUITABLE PRINCIPLES,OR OTHERWISE,IS EXPRESSLY LIMITED TO,AT SELLER'S OPTION,
Prices are subject to change without notice.Prices charged will be those in effect at REPAIR OR REPLACEMENT OF THE PRODUCTS WITH RESPECT TO WHICH DAMAGES ARE
the time of the acceptance of the order. CLAIMED.
Acceptance: Important Notice:
All orders are subject to acceptance by an officer of Ennis-Flint Before using any product from the Manufacturer and Seller,the Buyer shall
determine the suitability of the product for his or her intended use and the
Taxes: Buyer assumes all risk and liability whatsoever in connection therewith.
The price of the products specified herein excludes any federal,state or local taxes.
The Buyer is responsible for any federal,state,or local taxes that apply.The Buyer Intellectual Property Rights:
agrees to reimburse the Seller for any taxes he might ultimately be obligated to pay All of the intellectual property related to the products sold to Buyer is the sole
as a result of this sale which normally would have been collected at the time of sale. and exclusive property of Seller.This Agreement is not a sale of any intellectual
property related to the products and Buyer has no title to,or ownership in,
Payment: such intellectual property.Buyer shall not analyze or otherwise examine any of
Seller's prices are calculated on a cash-with-order basis.Therefore,all orders are Seller's products for the purpose of reverse engineering the formulations for
COD unless credit is already established by an acknowledged credit application. such products.Buyer shall not repackage the products or remove any trade-
Terms on established credit accounts are net on presentation.Balances unpaid after marks or copyright notices.Buyer shall not use or seek to register any trademark
30 days from date of invoice are subject to a service charge of 1.5%per month or which is identical to or confusingly similar to any trademark which Seller owns
maximum allowed by law,if different,together with expenses incidental to collec- or claims rights in anywhere in the world.
tion,including specifically set forth reasonable attorney's fee of 20%of the unpaid
balance. Right to Set Off:
Seller reserves the right to set off against any unpaid balance owing to Seller
Product Changes: by Buyer,any sums owing by Seller to Buyer,whether arising out of these terms
Ennis-Flint is constantly working to improve products.Therefore,in order to incor- and conditions or otherwise.
porate new technological advances,we reserve the right to alter chemical nature,
specification,design or weight Ennis-Flint shall not be required to modify goods Export Control:
already sold or in service. Buyer acknowledges that the products may be subject to U.S.Export laws and
regulations,and Buyer will not use,distribute or transfer any product,except in
Freight Policy: compliance with such laws and regulations.
All product is shipped FOB our warehouse in Thomasville,NC unless otherwise
stipulated. risk of loss of such products shall pass to Buyer upon delivery to the Dispute Resolution:
shipper.Unless Seller accepts specific instructions given by Buyer relating to ship- Buyer and Seller waive the right to trial by jury and agree that any unresolved
merit,arrangements shall be at Seller's option.The time of delivery is not of the dispute or controversy arising under or in connection with the products shall be
essence,and Seller will not be liable or responsible for any costs,charges,expenses, settled exclusively by arbitration in accordance with the rules of the American
damages or for any penalty,liquidated or otherwise,for late or delayed delivery. Arbitration Association(the AAA')then in effect Such arbitration shall be con-
ducted by a single arbitrator in Greensboro,North Carolina.If Buyer and Seller
Claims for Damage or Shortages: are unable to agree on the arbitrator,the arbitrator shall be selected by AAA.
Any claims for shortages must be made within 10 days after the receipt of the mer- Seller and Buyer shall share equally the costs of the arbitrator,unless the arbitra-
chandise.All preformed thermoplastic products are shipped from our warehouse tor determines otherwise.A decision by the arbitrator shall be final and binding,
in Thomasville,NC in good condition and packaged securely.Any shipment which and judgment may be entered on the arbitrators'award.
arrives with visible signs of damage or missing packaging should be refused or
thoroughly inspected with damage noted on the carrier's delivery ticket Any claims Severability:
for goods damaged(visible or concealed)must be made by the Buyer to the deliv- If any provision of these terms and conditions is held invalid,such invalidity
ering carrier within 10 days after receipt of the merchandise. shall not affect other provisions of application of these terms and conditions
that can be given effect without the invalid provision or application,and to this
Restocking Charges: end the provisions of these terms and conditions are declared to be severable.
No merchandise may be returned for credit without the Seller's prior approval and
a Return Merchandise Authorization number,and only with the transportation Applicable Law:
charges prepaid.A 15%(fifteen percent)restocking charge will be deducted from These terms and conditions shall be governed by and construed in accordance
any credit issued.Returned merchandise will not be accepted after 90 days from with the laws of the State of North Carolina,without reference to conflicts of
the date of delivery. laws principles.
Warranties: Flint T&C 010213
Ennis-Flint warrants preformed thermoplastic pavement marking products,unless
otherwise specified,to the original buyer against material defects for a period of
one year from the date of delivery of the goods.The foregoing warranty is the
only warranty whatsoever,expressed or implied,relating to the products.In no
event will Seller be liable for any daims related to the products if the products
have been misused,altered,or incorporated into any other product Such misuse,
alteration,or incorporation shall be deemed to be a waiver of all claims by Buyer.
SELLER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES,INCLUDING,
BUT NOT LIMITED TO,THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR USE.Seller shall be given,and any claim shall be subject to Seller
being provided,a reasonable opportunity to investigate the products subject to www.ennisflintcom -
any claim.Buyer shall not make any representation or warranty with respect to the 115 Todd Court
products to any person or entity without the prior written consent of Seller. Thomasville,NC 27360
Office:800-331-8118
Fax:336-475-7900 ENNIS FLINT
PreMark'has a patented visible indent system,US.Patent 5,861,206. Email:sales@ennisflintcom A Traffic Safety Solutions Company
Packet Page -686-
t LOGIN ACflV, 4/12/2016 16.A.20.
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WEATHER ! TRAFFIC Search... P Subscribe
* NEWS SPORTS BUSINESS ENTERTAINMENT OPINION LIFESTYLES COMMUNITY JOBS HOMES CARS
CLASSIFIEDS WEEKLY ADS
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GOVERNMENT
Embattled Collier contractor
accused of forging
documents
Packet Page -687-
4/12/2016 16.A.20.
CMICRETE it
3S
t, t a w
A BQ Concrete window sticker.
By Ryan Mills of the •-
Posted:June 30,2015 Naples Daily News
0 0 Comments trz
A Naples contractor sc m �z'
SHARE II accused of billing
i
County Collier for
Related Coverage y
work done b
BO investigation,autopsy pending; y '
family,creditors wait another vendor also 41$:4
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,41(ttlt tfic p'lo'w` ic,01,,I f filth tacit rt#FiYOH 011te ttlkiat,�.
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is accused of submitting fraudulent MARCH 11-13,2016
invoices for nearly$50,000 on two other FRIDAY&SA11.010AY 10:00 a.M.`5:00 P.M.
SUNDAY 12:00 -5:00 P.M.
.
projects.
PRESENTED 8`e
BQ Concrete
#1I!kCBIA
Q crete is accused of submitting at Collor Budding Indust yA F tJt rt
least two forged documents from a s t: ; t >_ :
vendor and subcontractor as backup for a
$28,389 project to repair a wall along
Vanderbilt Beach Road and a $21,534
project to repair a wall along
Rattlesnake-Hammock Road.
Collier County Clerk Dwight Brock is
calling for the company to pay back
triple damages—$85,167 for the
Vanderbilt Beach Road project and
$64,602 for the Rattlesnake Hammock
project—or face a lawsuit. Brock's
lawyer sent letters to BQ's owner,
Buddy Quarles, and superintendent,
Packet Page -688-
Billy Summers, demanding repayment.
4/12/2016 16.A.20.
BQ officials deny forging the Sticky lawsuit: $400M dispute lingers
documents, saying any alterations were over Post-it inventor
likely done after they were submitted to Carson buries 'the hatchet,'endorses
county staff. More importantly, they say, Trump for president
the projects don't require backup
documentation because they were done Your Daily Scoop for March 11
outside the scope of the company's $1.4 McDonald's trial gives peek at chain's
million contract with the county—a inner workings
claim the county disputes.
Wounded Warrior fires execs over
"Where it got changed, I don't know. spending accusations
How it got changed, I don't know. What
got changed, I don't know," Summers
said of the documents. "All I know is we
don't even need that backup."
0 OW
faceb
naptesnews.com
BQ previously received scrutiny from
Brock and the county for invoices it
submitted last September on a project to
build concrete storage bays in the
county's road and bridge department lot
off Davis Boulevard. BQ acknowledged
the itemized breakdowns on those
invoices don't reflect the actual work on
the project.
But they argue the invoices match their
bid for the work submitted to the county,
Packet Page -689-
and they argue that's all that matters. 4/12/2016 16.A.20.
NOW TRENDING
The new allegations go beyond lack of
documentation to accusations of forgery. Kathryn Leib-Hunter,CEO of NAMI of
Collier County,dies
According to a county work order, last
December BQ was contacted about Review: Great food,poor service at
Bonita restaurant
repairing about 60 feet of a sound barrier
wall on the south side of Vanderbilt Bernie Sanders'campaign releases ad
Beach Road. The wall had been focusing on Immokalee fanmvorkers
damaged by a car accident. In an email
to Summers, former road and bridge Vi residents start new foundation to
give scholarships to staffers
supervisor J.R. Gorentz called it a "time
and material job," and told Summers to Naples ranked No.1 city in state for
"getter done." retirees
Gorentz resigned last month after
admitting to modifying BQ's invoices on
the Rattlesnake Hammock project.
Brock said BQ submitted its first invoice
for the Vanderbilt Road project on Jan.
29, for$33,847. It was submitted
electronically from Summers' Earthlink
email address.
Days later, county and clerk staff sent it
back, saying calculations for the
materials markup and late fees were
incorrect and that backup documentation
needed to be provided, Brock said.
On Feb. 9, Summers sent a revised
invoice for $28,389 and included an
invoice from Coastal Concrete Products
LLC, a Lee County firm, with a $25,236
quote for materials, according to county
Packet Page-690-
documents. 4/12/2016 16.A.20.
Both Brock and Summers said the actual
Coastal Concrete proposal was for about NE VV LUXURY
$6,500—a quarter of the price on the HOMES
invoice. A Coastal Concrete N \N AVAILABLE FOR VIEWING
representative declined to comment on 1,1 NAPLES. FL
the invoice, saying he was told b y the
Florida Department of Law Enforcement
not to discuss the case under
investigation by the agency.
In early June, the Collier County
Sheriff's Office launched a fraud .
investigation into BQ. It has since turned i
the investigation over to the FDLE due
to the Sheriff's Office's relationship
with the county government and the
clerk's office.
James Zonas, an attorney representing
BQ, said neither Quarles nor Summers
altered the document.
"The invoices were changed, we believe,
on the inside, somewhere on the
county's side," he said.
More importantly, Zonas said, the
project was outside the scope of BQ's
contract with the county, which is for
"Concrete: Road, Sidewalk, Curb and
Floor Install and Repair." As such, the
contract's regulations don't apply, he
said, and "all this stuff about what the
backup is for the bid is irrelevant."
Packet Page -691-
"We gave them a bid, a price for the job 4/12/2016 16.A.20.
' ... and we found somebody to do it ' . 'y Event!
, #cheaper," Quarles said "It was outside , .
the scope of(the contract)."
Rebates V ! fit ,
The county disagrees. Kate Albers, a `�� =
r ie4ted Pro .
county spokeswoman, said the work on �" ,e - : .- .,; =F
-e ._ . w,,.' w, .
400
both the Vanderbilt Beach Road and ILx: itri
Rattlesnake Hammock Road projects
0 was within BQ's contract with the road
and bridge department. For example, BQ
received a letter authorizing work on the
Rattlesnake Hammock project under the
existing contract, which is referenced in
the county letter by contract number.
Brock disputes BQ's contention the
invoice was altered on the county's side.
It was submitted from Summers'
Earthlink account, he said. He also
questions why Summers would send
documentation at all if it wasn't
required.
"Why wouldn't you just say, `Wait, this
is a flat fee contract,' as opposed to
sending me a doctored (invoice)," he
said.
On the Rattlesnake-Hammock job,
Packet Page -692-
Brock said BQ submitted an invoice
4/12/2016 16.A.20.
from Oldcastle Precast for a 6-foot
concrete wall priced at $16,620. That's
the same price submitted by BQ on its
invoice to the county last September.
Brock said that invoice was altered as
well, but provided no details.
Summers also denied altering the
Oldcastle Precast invoice. Heather
Askew, a spokeswoman for Oldcastle,
declined to comment on an ongoing
investigation.
Collier commissioners voted
unanimously in early June to cut ties
with BQ until the county could review
its invoices. Brock stopped paying BQ's
most recent invoices and is auditing the
company. He has about 50 unpaid BQ
invoices totaling over $170,000. He said
he won't consider paying them until the
investigation is complete.
"They're going to have to provide me
with proof that they actually had people
there. They're going to have to provide
proof that they put concrete there.
They're going to have to provide me
with billing," Brock said. "The bottom
line is, we have to go out and check
every one of them."
RELATED STORIES:
Packet Page-693-
BQ invoices to county raise red flags 4/12/2016 16.A.20.
about work, documentation
County supervisor admits to
manipulating invoices, resigns
Brent Batten: Georgia Hiller slams
Dwight Brock for nonpayment, and
payment
Collier to consider cutting ties with
company in fraud investigation
Sheriff's Office investigating possible
fraudulent invoices to county
111 Mr.r
V: IN YOUR
w d��
About Ryan Mills
Ryan is a projects reporter and
multimedia journalist,with a j
particular interest in crime,
demography and religion.Over
1 - jk,� the last nine years at the Daily
News,Ryan has served as a
police and breaking news
reporter,covered Rick Scott's
initial run for governor and
spent three-plus years as a
local news editor.When he's
not at work,Ryan and his wife
Megan are the parents of two
young boys,Evan and Emmett.
f Facebook !/@NDN_R...
u ryan.mill... •1239-263-...
rn
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For more information on technical issues or updates fro 4/12/2016 16.A.20.
.Ni tNC BID IN CY:TE M(t'r,,aTEW
Active Solicitations
Active Solicitation Title:Roadway Paint,Thermoplastic Markings(No Pre-Bid Mtg)EC
Solicitation Number:16-6541
Expired
jlbt?1'ia " , ;e0licitation Summary i Specifications,Terms,and Conditions 1 Q&A I j'lanhotders I Tabulation
Login Agency:Collier County Purchasing
New Vendor Registration Contact:eveiyncolon4 colliergov.net
Solicitation Starts:Wednesday,January 20,2016 4:00:00 PM Eastern
Solicitation Ends:Monday,February 22,2016 3:00:00 PM Eastern
Q&A Deadline:Monday,February 08,2016 3:00:00 PM Eastern
Submission Method:Electronic
63089-Paint,Thermoplastic/Roadway (other)
63089-Road Construction (other)
Q&A
The deadline for asking questions has passed.
(1/28/2016 10:48:06 AM Eastern)Question:Based on the previous years,how big/small($$$)are the work orders or PO's?
(1/28/2016 10:48:16 AM Eastern)Answer:Historically,the low end range for PO's have totaled$15,000-$25,000 and the high end range can
total between$650,000-$900,000 for PO's issued in bulk that are part of a comprehensive lists of projects;however,it is dependent upon
program funding.There have been PO's issued in smaller amounts between$200-$300 range for minor project repairs for POs that are less than
$1,000.These minor projects have been addressed and included in the solicitation document,found on page 34,item#19,titled Minimum Trip
Charge(MTC)and it is also on the Official Bid Form,Item#39,MINIMUM TRIP CHARGE FOR PROJECTS LESS THAN$1000.This MTC charge is only
permitted for individual PO's for minor projects that are not part of a comprehensive project list for PO's less than$1,000.Please note,there is no
commitment or guarantee on the amounts stated in this response.
(1/27/2016 10:40:27 PM Eastern)Question:What has the county's budget been for this bid for the past five years?
(1/28/2016 10:33:11 AM Eastern)Answer:The Road Maintenance budgets for three cost centers has been$1,000,000,and the approximate
spend amounts ranged from$750,000-$1,000,0000 for the past few years.
(1/26/2016 12:48:52 AM Eastern)Question:As per the previous question,is Collier County's annual budget"$1M a year for this specific bid
involving thermoplastic markings and roadway paint?Thank you!
(1/26/2016 8:10:03 AM Eastern)Answer:1M county wide.
(1/25/2016 1:22:35 PM Eastern)Question:Who will be the responsible for Quality Control or reflectivity tests?
(1/28/2016 10:48:52 AM Eastern)Answer:Contractor's are responsible for their own QA/QC reflectivity tests for measures and controls.The
Road Maintenance Inspectors conduct measuring and testing prior to and post material applications.
(1/21/2016 11:20:37 AM Eastern)Question:What is the estimate?
(1/25/2016 12:56:27 PM Eastern)Answer:The county wide historical spent is approximately$1M a year.
«Go to Solicitation List
Packet Page -699-
4/12/2016 16.A.20.
C.,miUier County
= Mrninistratve Setvices Department
mocurk-mmSet-,= melb.on
March 15, 2016
Mr. Nick Rivenburg, President
Paramount Asphalt Seal Coating Corporation
280 20m Street NE
Nap|es, FL 34120
Telephone: 239-348-0777
FAX: 239-348-0445
Email: nick@paramountsealcoating.com
RE: Protest Decision Regarding Solicitation 16-6541 Roadway Paint, Thermoplastic
Markings and Raised Markers
Dear Mr. Rivenburg:
| am writing in response to your formal protest letter of March 10. 2018. filed on behalf of Paramount
Asphalt and Seal Coating Corporation pertaining to the above referenced Solicitation.
The following item numbers are a summary of each of the issues raised in your protest and findings
regarding each.
1. Collusion in the Bidding Process: After having completed your due diligence and research on past
bids, requirements, supplier pricing and laws, and upon learning the results of the lowest bidder for
the above referenced SOUCitohOn, your firm has concluded that there may have been collusion in the
bidding process between the former supplier and Road Maintenance personnel.
FINDINGS: I have reviewed the previous two (2) solicitation documents /10-5410 and 12-5981\. the
opecificat\ons, and the awards made by the Board of County Commissioners. I have found the
specifications very similar between the previous two solicitations /10'5410 and 12-5981\ and the
above referenced solicitation. The significant difference is the attempt [for this solicitation]to provide
additional clarity with general requirements, more specificity in the County's requirements and scope
of s8rvices, and an increase in the number of years of experience in the trade (from three to five
years). Further, the bid /priCe sheet also identified additional product lines, including six (6) of the
one hundred thirty one (131) new line items which are P[9EK8ARK0D products which may be procured
over the next several years of the contract. PREN1/\RH@ is the only approved vendor to sell these
items after a series of tests conducted by the Florida Department of Transportation. The County
identified those items in the event that road conditions warranted the specific application. I have
found no evidence of collusion in the specification modifications.
Additionally, I have reviewed email correspondences regarding the above referenced solicitation.
The solicitation has a very specific clause regarding vendor contact dUr|nQ, and immediately following
the solicitation. More specifically, it states:
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4/12/2016 16.A.20.
Lobbying [see Invitation to Bid 16-654: page 10, item 14]
All firms are hereby placed on NOTICE that the County Commission does not wish to be lobbied
either individually or collectively about a project for which a firm has submitted a bid. Firms and
their agents are not to contact members of the County Commission for such purposes as
meetings of introduction, luncheons, dinners, etc. During the bidding process, from bid
opening to final Board approval, no firm or its agent shall contact any other employee of
Collier County with the exception of the Purchasing Department.
With the exception of two (2) email communications which are identified below, all other email
communications reviewed were between the Growth Management and Procurement Services staff
regarding the development of the solicitation specifications. The remaining two (2) email
communications which were identified violated the above referenced clause from the bid document
made public [on the County's Online Bidding System] on January 20, 2016, when this clause was in
effect:
• Email communication from Nick Rivenburg to Travis Gossard on January 21, 2016 whereby
you made contact with the director of the area, introducing yourself as the owner who (along
with your brother) went to school with the director's son. Your purpose for writing follows:
"...we are very interested in bidding on the collier county roadway striping contract and have a
few questions. I was hoping to come into your office and meet with you in order to go over a
few things, if possible?" Mr, Gossard turned the request over to his Contract Specialist
(without responding), who asked you to submit questions as directed in the solicitation
document.
• Email communication from Nick Rivenburg to Collier County Commissions on March 7, 2016
whereby you made contact during the solicitation and award review process with five (5)
commissioners seeking their assistance to investigate the "bidding process."
Once the bidding documents were made public to all vendors [advertised on the County's Online
Bidding System on January 20, 2016] and instruction materials were identified, your firm
communicated with the County in a manner that clearly violated the Lobbying clause outlined above.
The County reserves the right to invalidate your bid offering due to these inappropriate contacts.
SUMMARY: I find no other evidence of communication that would suggest collusion on the part of the
current provider[or any other vendor]for the performance of this service and the Growth
Management staff.
2. Small Business Exclusion: The current bid specification was put together in such a manner as to
prevent small businesses to be the lowest bidder, based on:
a. Changes from former specifications which now include Pre-Mark material [an expensive and
time consuming product];
b. Unfair price submission by incumbent supplier[submission of a $0.01 per line price]; and,
c. Lack of supply and pricing available for all contractors directly from the Pre-Mark supplier,
therefore, increasing prices for bidders other than the incumbent.
FINDINGS: As indicated above, I have reviewed the previous two (2) solicitation documents (10-5410
and 12-5981), the specifications and the awards made by the Board of County Commissioners. I
have found the specifications very similar between the previous two solicitations (10-5410 and 12-
5981) and the above referenced solicitation. The significant difference is the attempt [for this
solicitation] to provide additional clarity with general requirements, more specificity in the County's
requirements and scope of services, and an increase in the number of years of experience in the
trade (from three to five years).
2
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4/12/2016 16.A.20.
The bid /price sheet also identified additional product lines, including six (6) of the one hundred thirty
one (131) new line items which are PREMARK® , that may be procured over the next several years
of the contract.
PREMARK®was added to the County's specification in the event that this product may be selected
for installation on any of the County's roadways.
The specifications were changed to reflect an increase in the number of years of experience from
three (3) to five (5) years to ensure the selected vendor(s) has the skills, expertise and background
on installation projects, particularly as they relate to safety regulations.
Each of the three (3) vendors submitting a bid provided one (1) or more line items priced at $0.01.
Additionally, Paramount Asphalt submitted a price [line 43]to complete a NET MILE of Audible &
Vibratory Markings for$1.50. Should an award be considered with one (1) or more of these
suppliers, and prior to the award of the contract by the Board of County Commissioners, the
Procurement Services professional contacts the supplier to confirm this price, and the price is fixed
for each line item through the term of the contract outlined in the solicitation. Should the vendor
determine that an error occurred with the line price, the supplier would not be allowed to change
pricing. Rather, it has been the case that a supplier may withdraw their bid.
In this solicitation, the County identified the possibility of having a primary as well as a secondary
awardee. This action suggests that the County is protecting itself in the event the primary cannot
perform all project work; and it allows for additional resources for the County and the vendors to take
on additional work if the County Commission approves additional budget for road marking for a fiscal
year.
The County is not privy too, and not able to comment on, the pricing structure and contracts between
manufacturers and their supplier network.
SUMMARY:There is no evidence to suggest that the County is trying to deny access to small
businesses, rather, the County must protect the road assets, and the workers and citizens who drive,
bike, walk and work on those assets.
3. Historical Buying Patterns: Misrepresentation of Collier County's historical buying patterns based on
data obtained from fiscal year 2014 report [Nick Casalinguida, Growth Management department
head] highlighting road maintenance and striping activities. Using the data from the report, you
believe that the county wide historical annual spend of approximately one million ($1,000,000) is
false and inaccurate.
FINDINGS: In reviewing the information contained in the County's Online Bidding System, three (3)
questions were raised: "What is the estimate," "As per the previous question, is Collier County's
annual budget approximately $1M a year for this specific bid involving thermoplastic markings and
roadway paint?Thank you!," and "What has the county's budget been for this bid for the past five
years." Procurement Services staff indicated that the historical spent [d] is approximately one million
($1,000,000) dollars per year.
As a part of the review, a follow-up report was conducted using the County's Financial System data
to validate the dollars spent on the former contract. The results revealed the following:
3
Packet Page -702-
4/12/2016 16.A.20.
Fiscal Year Purchase Order Invoices Paid
(October 1 —September 30) Encumbered
2013 $1,374,771.94 $1,374,771.94
2014 2,429,162.70 2,429,162.70
2015 1,161,502.45 696,739.40
2016 378,724.20 28,619.78
TOTAL 5,344,161.29 4,529,293.82
AVERAGE of ALL FISCAL YEARS $1,226,040.32 $1,132,323,46
This data presents the actual dollars encumbered, and actual invoices presented and paid under the
former contract by the two previous awarded contractors: the primary contract awardee was
Whiteleaf Inc (dba Traffic Solutions) and the secondary awardee was McShea Contracting LLC.
The County Procurement professional identified the historical spend at approximately one million
($1,000,000) dollars per year, there is no guarantee that this amount will be approved in the budget
from year to year. This amount is only reflective of the actual dollars spent on the former contract
and not inclusive of any road contractor who may have as a part of their construction scope road
striping.
SUMMARY:The response by the Procurement professional provided in the Online Bidding System
[$1,000,000], while not entirely consistent with the data above, is within 10% of the amount and I find
this representation as not materially different. Therefore, I do not believe this is a misrepresentation
in the solicitation document.
4. Local Vendor Preference: The current company [who has a contract with the County] who has
provided the lowest bid has listed themselves as a "local vendor" and your research has identified
that they do not have an office within the limits of Collier County. Therefore, this firm should not be
given the opportunity to apply for Local Vendor Preference [per the Board's Procurement Ordinance].
FINDINGS: Pursuant to Section 15 of the Board's Procurement Ordinance, the Procedure to Provide
Preference to Local business in County Contracts allows for the following:
(5) Reciprocity. In the event Lee County, or any other Florida county or municipality ("local
government") deemed appropriate by the Collier County Board of Commissioners, extends
preferences to local businesses, Collier County may enter into an interlocal agreement with
such local government wherein the preferences of this section may be extended and
made available to vendors that have a valid occupational license issued by that specific
local government to do business in that local government that authorizes the vendor to
provide the commodities and services to be purchased, and a physical business address
located within the limits of that local government. Post Office Boxes are not verifiable and
shall not be used for the purpose of establishing said physical address. In addition to the
foregoing, a vendor shall not be considered a "local business" unless it contributes to the
economic development and well-being of the said local government whichever is applicable, in a
verifiable and measurable way. This may include, but not be limited to, the retention and
expansion of employment opportunities, the support and increase to that local government's tax
base, and residency of employees and principals of the business located within the limits of
that local government. Vendors shall affirm in writing their compliance with the foregoing at the
4
Packet Page-703-
4/12/2016 16.A.20.
time of submitting their bid or proposal to be eligible for consideration as a "local business" under
this section. In no event shall the amount of the preference accorded other local government
firms exceed the amount of preference that such local government extends to Collier County
firms competing for its contracts.
The Board of County Commissioners signed an interlocal agreement with the Lee County Board of
County Commissioners in November 2008, thereby, allowing for contractors in Lee County to have
the same local vendor preference privileges as those in Collier County.
SUMMARY: The hearing officer finds no inconsistencies in the staff's application of local vendor
preference application in the review of this solicitation.
In summary, Paramount Asphalt Seal Coating Corporation is requesting that line items forty-four (44)
through one hundred fourteen (114) be invalidated and discarded, and award the remaining items to the
lowest bidder.
CONCLUSIONS:The solicitation was publicly announced and provided ample time [thirty
three (33) days] for vendors to take exceptions to the specification, ask questions, and
protest the specifications. Specifically, the solicitation identified the following:
Exceptions [see Invitation to Bid 16-654: page 7, item 6]
Vendors taking exception to any part or section of these specifications shall indicate such
exceptions on a separate sheet entitled "EXCEPTIONS TO SPECIFICATIONS." Failure to
indicate any exceptions to the specifications shall be interpreted as the Vendors intent to fully
comply with the specifications as written. The County, at its sole discretion, shall determine if the
exceptions are material in nature, and if the Vendor's exceptions may be declared grounds for
rejection of bid proposal. -
Questions [see Invitation to Bid 16-654: page 7, item 9]
If the vendor should be of the opinion that the meaning of any part of the Bid Document is
doubtful, obscure or contains errors or omissions it should report such opinion to the Procurement
Strategist before the bid opening date. Direct questions related to this ITB only to the Collier
County Purchasing Department Internet website: www.colliergov.net/bid. Questions will not be
answered after the date noted on the ITB.
Vendors must clearly understand that the only official answer or position of the County will be the
one stated on the Collier County Purchasing Department Online Bidding System website. For
general questions, please call the referenced Procurement Strategist identified in the Public
Notice.
Protests [see Invitation to Bid 16-654: page 7, item 10]
Any prospective vendor/ proposer who desires to protest any aspect(s) or provision(s) of the
solicitation (including the form of the solicitation documents or procedures) shall file their protest
with the Procurement Director prior to the time of the bid opening strictly in accordance with the
County's then current purchasing ordinance and policies.
While there were a total of six (6) questions raised as a result of the issuance of the
specifications, there were no addendums issued, and there were no exceptions or protests
regarding the scope of work or specifications. All data reviewed supports the position that
the Procurement and operating divisional staff are in compliance with the Board of County
Commissioner's Procurement Ordinance Section 10 Competitive Bid Process and Section 15 Local
Vendor Preference and find no evidence of collusion in the bidding process.
s
Packet Page -704-
4/12/2016 16.A.20.
In the context of a government procurement dispute, a public body has wide discretion in soliciting and
selecting bidn, and when based on an honest exercise of discretion, will not be overturned even if it
maybe erroneous, and even if reasonable persons may disagree. Liberty County v. Baxter's Asphalt &
Concrete, Inc., 421 So. 2d 505 (Fla. 1982). As a result of this wide discretion, the Florida Supreme Court
has declared that a reviewing court's "sole responsibility is to ascertain whether the agency acted
froudU|enUy, a[bit[@ri{y, illegally, ordishonest|y.^ Department of Transportation v. Groves-Watkins
Constructors, 530 So. 2d 912 (Fla. 1988). This threshold has been described as a very high bar." 8ae,
Sutron Corp. v. Lake County Water Authority, 870 So. 2d 930 (Fla. 5m DCA 2004).
Additionally, as long as the County has not acted arbitrarily or capriciously, and acted in good haith, its
decision is not subject to review. Wood-Hopkins Contracting Co. v. Roger J.Au & Sons, Inc. 354 So. 2d
446 (Fla. 1978); City of Pensacola v. Kirby, 47 So. 2d 533 (Fla. 1950). Arbitrary and capricious has
been defined to include acts taken with improper motive, without reason, or for a reason that is merely
pretextual. City of Sweetwater v. Solo Construction Corp.. 823 So. 2d 798; citing Decarion v. Monroe
County, 853 F. Supp. 1415 (F.D. Fla. 1994). Moreover, it is well established that "so long as . . . a public
agency acts in good faith, even though [it] may reach a conclusion on facts upon which reasonable men
may differ, the courts will not generally interfere with [the agency's]judgment, even though the decision
reached may appear to some persons to be erroneous." Culpepper v. K800ro, 40 So. 2d 368. 370 (Fla.
1949).
I have carefully reviewed all of the issues raised in your protest of March 10, 2016. I have considered
each allegation and the facts pertaining to each. Based on the information presented in the protest
and the information I have gathered in response to each issue raised in the prodest, it is my
conclusion that the specifications and instructions issued were fair and represented the
County's requirements.
The recommendation for award of this contract(s) as identified in the solicitation document and pursuant
to the Procurement Ordinance, is based on the |oweo1, qualified and responsive vendor(s) and may
include a primary and secondary award.
Aoonrding|y, it is the decision of this office to deny the protest and direct staff to move forward with
the award of Solicitation 16-6541 Roadway Paint, Thermoplastic Markings and Raised Markers. The
recommendation is tentatively scheduled to be presented to the Board of County Commissioners on
April 12, 2016.
Under Section 23 of the County's Procurement Drdinance, the decision of the Procurement Services
Director shall be considered final and conclusive unless the protestor delivers a subsequent written
objection to my attention within two business days from the date of receipt of this decision or not
later than close of business (5PM) on March 17, 2016.
Respectfully, '
` .
dm.- 0 ` ~w-=~��4~-
0.~
.v'' 8K8arkievvcz,
Director, Procurement Services Division
Enclosures:
w Email Communication from Nick Rivenburg to Travis Gossard (January 21, 2016)
m Email Communication from Nick Rivenburg to Commissioners (March 7, 2016)
w Lee County Local Vendor Reciprocal Agreement
« Collier County's Procurement Ordinance on Protests
6
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MarkiewiczJoanne
From: LynchDiane
Sent: Monday, March 07, 2016 5:16 PM
To: MarkiewiczJoanne; Casalang uidaNick; WilkisonDavid
Cc: GossardTravis
Subject: FW: Collier County Roadway Striping-ITB#16-6541 Roadway Paint, Thermoplastic
Markings, and Raised Pavement Markers
Please see the email trail below in regards to the solicitation 16-6541
Regards,
On behalf of Travis
Diane
From: Nicholas Rivenburg[SMTP:NICK(u�PARAMOUNTSEALCOATING.COMI
Sent:Tuesday,January 26, 2016 12:20:55 AM
To: PearsonMelissa
Cc: ColonEvelyn; GossardTravis
Subject: Re: Collier County Roadway Striping-ITB#16-6541 Roadway Paint, Thermoplastic Markings, and Raised
Pavement Markers
Auto forwarded by a Rule
Hi Melissa,
I will be sure to post my questions on the solicitation page.
Thank you very much for getting back to me, Mr. Gossard, I greatly appreciate it!
Have a terrific week!
Warm regards,
Nick Rivenburg
President
Paramount Asphalt Sealcoating Corporation
0: 239-348-0777 •C:518-542-6895
On Mon,Jan 25,2016 at 8:52 AM, PearsonMelissa<MelissaPearsonOcolliergov.net>wrote:
Good Morning Mr. Rivenburg:
Thank you for reaching out in reference to the subject solicitation; however, once a solicitation has been
advertised all questions/inquiries must be directed to the Collier County Procurement Services Division's
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4/12/2016 16.A.20.
Internet website: www.colliergov.net/bid; as stated in the ITB on page 7, Questions, Item # 9. This directive
provides a level playing field for all interested parties.
The deadline to submit questions is Monday, February 8, 2016 by 3:00 p.m. EST and the solicitation ends on
Monday, February 22, 2016 at 3:00:00 p.m. EST. If you need further clarification you can email Evelyn Colon,
she is the Procurement Strategist overseeing this solicitation and she has been copied on this email.
Kindest Regards,
Melissa Pearson, CPPB
Contract Administration Specialist
Collier County Government
Growth Management Department
Road Maintenance Division
Main: 239.252.8924
Original Message
From:Nick Rivenburg [mailto:nick @paramountsealcoating.com]
Sent: Thursday, January 21, 2016 12:09 AM
To: GossardTravis
Subject: Collier County Roadway Striping
Good evening Mr. Gossard,
My name is Nick Rivenburg and I own Paramount Asphalt Sealcoating Corporation here in Naples.
2
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My brother Mitchell and I went to high school with your son Travis at Palmetto Ridge a few years ago so I
doubt you'll remember us.
The reason I am writing to you is that we are very interested in bidding on the collier county roadway striping
contract and have a few questions. I was hoping to come into your office and meet with you in order to go over
a few things, if possible?
Please let me know if you have any free time coming up as we would greatly appreciate the opportunity to meet
with you.
Thank you sir and we look forward to hearing from you soon.
Best regards,
Nick Rivenburg
President
Paramount Asphalt& Sealcoating
0: 239-348-0777 M: 518-542-6895
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
telephone or in writing.
Under Florida Law,e-mail addresses are public records.If you do not want your e-mail address released in response to a public records request:do not send
electronic mail to this entity. Instead;contact this office by telephone or in writing.
3
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4/12/2016 16.A.20.
MarkiewiczJoanne
From: MarkiewiczJoanne
Sent: Monday, March 07, 2016 3:14 PM
To: OchsLeo
Subject: RE: *"16-6541 Roadway Paint,Thermoplastic Markings**
Yes sir, I will follow up.
Thank you,
Joanne
From: OchsLeo
Sent: Monday, March 07, 2016 2:47 PM
To: MarkiewiczJoanne
Subject: RN: **16-6541 Roadway Paint,Thermoplastic Markings**
For your action please
Leo E.Ochs,Jr.
Collier County Manager
leoochs@colliergov.net
239.252.8383
From: Nicholas Rivenburg [mailto:nick@ paramountsealcoating.com]
Sent: Monday, March 07, 2016 2:43 PM
To: FialaDonna
Cc: OchsLeo; CasalanguidaNick
Subject: Re: **16-6541 Roadway Paint,Thermoplastic Markings**
Thank you very much ma'am.
Warm regards
Nick Rivenburg
President
Paramount Asphalt Sealcoating Corporation
0: 239-348-0777 • C:518-542-6895
On Mon, Mar 7,2016 at 2:42 PM, FialaDonna<DonnaFiala(aicolliergov.net>wrote:
Thank you for asking. I will forward your request to the proper department and ask for a reply for you and copy me.
Donna Fiala
Commissioner Donna Fiala, District 1
Packet Page -709-
4/12/2016 16.A.20.
3299 Tamiami Trail East,Suite#303
Naples,FL 34112
(239)252-8601
Donna Fiala@CollierGov.net
Cc r COValev
If 1 am not home accepting the things I can not change,
I am out changing the things I can not accept.
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a pubLic records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
From: Nicholas Rivenburg [mailto:nickPparamountsealcoatino.com]
Sent: Monday, March 07, 2016 2:30 PM
To: FialaDonna; HillerGeorgia; HenningTom; TaylorPenny; NanceTim
Subject: **16-6541 Roadway Paint,Thermoplastic Markings**
Good morning all,
My name is Nick Rivenburg and I own Paramount Asphalt Sealcoating Corporation here in Collier County.
As a Collier County resident and small business owner, I am writing to you to request an investigation into the
bidding process of the following Collier County Bid:
16-6541 Roadway Paint,Thermoplastic Markings
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My company placed a bid for the aforementioned posting in hopes of further beautifying our county's roadways.
Upon viewing the electronic bids submitted on the Collier County Online Bidding System website immediately
after the bid deadline, we discovered that we were not the lowest bidder for this posting. We, of course, did our
due diligence and conducted research on past bids, requirements, supplier pricing and laws. Our research has
led us to question whether there may have been collusion in the bidding process within the Road Maintenance
Department.
We understand the gravity of this statement. However,this is not the first event tainted with the appearance of
collusion within the Road Maintenance Department.A year ago, BQ Concrete falsified several invoices and
billed them to the county for work that was done. The question arises, how do several separate invoices get
approved and paid with a county official's sign off on completion of each project before payment is released?
For a company to defraud the county as they did, someone had to be on the inside to approve all invoices. I have
included a link to the article regarding this matter below. Furthermore, when the same Roadway Paint and
Thermoplastic Markings bid was posted in 2012,the requirements for a company to bid on said posting were
stringent,to say the least. It was brought to my attention that others believed that there was collusion at the time
of that bidding process as well. The restrictions within the bid disallowed small businesses to grow and prosper
at home and prevented fewer working positions for Collier County residents.
The above mentioned examples are only what we found available to the public online,which does not include
any investigation on your part. Our biggest concern regarding this matter is the effect it has on us as a small
business.
We strongly feel that the current bid posting for Roadway Paint and Thermoplastic Markings was put together
to prevent a small business such as ours,to be the lowest bidder. To begin with, for the past decade there was
never any Pre-Mark material listed on the bid schedule.Pre-Mark material is a very expensive product and
requires a lot of time to be installed. With that said, a company that we placed a bid against for this posting had
countless line items listed at$0.01 where as ourselves and the third and final company who placed a bid for this
posting, inserted a fair amount for each line item. For your review, I have attached a copy of the price sheet for
the only company that can supply this specific Pre-Mark material as per the bid schedule. This finding raises
several questions.How can one of the three companies bidding on the same posting insert$0.01 for countless
line items while the remaining two priced their items fair and just?The only way that a company would
purposely bid a line item that costs several hundred dollars at$0.01 would be if someone within the Road
Maintenance Department communicated to and informed them that those particular line items would not be
used at all for the duration of the contract,thus lowering their overall bid total. The company I am referencing
currently has this contract and was awarded it in 2012 as well.For the last four years,this company has had the
unfair opportunity to work closely with the Road Maintenance Department, building potential close
relationships that directly affect other small businesses hoping to bid against them. Additionally, with the inside
knowledge being shared between the two parties,the spectre of collusion is raised again. The Pre-Mark material
had to have been added to this posting to prevent small businesses from pursuing this bid because of the known
price disadvantages we face compared to larger companies. The supplier for the Pre-Mark material did not want
to supply to us directly and essentially pushed us towards a third party supplier of their product.
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Furthermore,no company would or should be permitted to bid line items listed within the Pre-Mark section of
the bid schedule at below cost. As previously mentioned, a company can only bid line items as they did if they
have the knowledge and communication coming from within.
Lastly, our final concern is the simple fact that the current company who has the lowest bid and the four years
of previous contract experience lists themselves as a"Local Vendor" when they do not have an office location
within the limits of Collier County. Being that Local Vendor qualifies as having an office location and address
within Collier County, said company should not be given the opportunity to apply for Local Vendor Preference
because they operate out of Lehigh Acres,Lee County.
I want to take this time and thank you for your consideration and help on this matter. We fully intend to
formally protest this bid posting once an award is made and would love the opportunity speak with you more
regarding this case.
Link to BQ Concrete article:
http://www.naplesnews.com/news/government/embattled-col lier-contractor-accused-of-forging-documents-ep-
1167546586-337579461.html
Please do not hesitate to call me at anytime to discuss this further.
We look forward to hearing from you soon.
Warm regards,
Nick Rivenburg
President/Owner
Paramount Asphalt Sealcoating Corporation
0: 239-348-0777 4.C:518-542-6895
4
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4/12/2016 16.A.20.
Under Florida Law,e-mail addresses are public records.It you do not want your e-mail address released in response to a public records request.do not send
electronic mail to this entity.Instead.contact this office by telephone or in writing.
5
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Ai
COUNTY
SOUTHWEST FLORIDA
Writer's Direct Line: (239)533-2236
BOARD OF COUNTY COMMISSIONERS
Facsimile: (239)485-2106
Bob Janes
District One
A.Brian Bigelow December 8, 2008
District Two
Ray Judah
District Three
Tammy Hall Steve Carnell
District Four Purchasing/General Services Director
Frank Mann Collier County Government
District Five 3301 Tamiami Trail, East
Donald D.Stilwell Naples, Florida 34112
County Manager
David M.Owen RE: LOCAL VENDOR PREFERENCE RECIPROCITY AGREEMENT
County Attorney
Diana M.Parker Dear Mr. Carnell:
County Hearing
Examiner
Pursuant to the Board of County Commissioners' action of Tuesday,
November 25, 2008, I am providing you with an executed original of the above-
referenced agreement.
Thank you for your assistance in the finalization of this Agreement.
Cordially
G god? S agen
Chi•-JA j istant Co ty Attorney
GSH/cdd
Enclosure: (1) Original Executed Agreement
VIA E-Mail Only:
Holly Schwartz, Assistant County Manager
Janet Sheehan, Purchasing Director
Cindy Logan, Contracts Director .
Colleen M. Greene, Assistant County Attorney, Collier County
S:\GS\GSH\Letters\Stove Camel!-LQc�I B1dodXr Pgefe�roit e(vlyers,` eoi mod 33902-0398 (239)335-2111
YY lJ ti Internet address http://www.lee-county.com
,.'j•Recycled Paper AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER
-- Packet Page-714-
4/12/2016 16.A.20.
LOCAL VENDOR PREFERENCE RECIPROCITY AGREEMENT
THIS Agreement, made and entered into this 14th day of October, 2008 by and between
the Board of County Commissioners, Collier County, Florida, a political subdivision of the State
of Florida, hereinafter called Collier County, and the Board of County Commissioners, Lee
County,Florida, a political subdivision of the State of Florida,hereinafter called Lee County.
WITNESSETH
WHEREAS, Lee County Ordinance No. 00-10 extends specific preference considerations
to vendors located in Lee County and Collier County Resolution 2008-181 extends preference
considerations to vendors located within Collier County;
WHEREAS, both Collier County and Lee County understand that there are numerous
local vendors that materially affect and significantly impact the economies of both counties;
WHEREAS, both counties wish to enter into a reciprocal agreement regarding the status
of vendors located within their respective counties; and
WHEREAS, both counties wish to continue to otherwise maintain the distinct
characteristics of their respective local preference practices.
NOW, therefore, in consideration of the promises and mutual covenants hereinafter
contained, Collier County and Lee County hereby agree to enter into this Agreement.
SECTION I. DESCRIPTION OF RECIPROCITY
1.01 Under the terms of this Agreement, Collier County agrees to deem vendors with a
physical business address in Lee County to be "local" for preference purposes in Collier County
provided they meet all other aspects of the definition of"local" as set forth in Collier County
Resolution 2008-181. Concurrently, Lee County agrees to deem vendors with a physical
business address in Collier County to be"local" for preference purposes in Lee County provided
they meet all other aspects of the definition of"local" as set forth in Lee County Ordinance No.
00-10.
SECTION II. TERMS
2.01 Except as this Agreement may otherwise be terminated, this Agreement shall remain in
full force from the date first above written until such time as either County elects to terminate
this Agreement; or elects to terminate its existing local vendor preference ordinance or
resolution.
2.02 Either County may terminate this Agreement upon sixty(60) days prior written notice to
the other County.
5 :00 PH1
Page 1 of 3 11-25-08
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SECTION III. INDEMNIFICATION
3.01 To the extent permitted by Florida law, each county shall each defend, indemnify and
save the other harmless from any and all claims, liability, losses and causes of actions arising out
of any act, error, omission, or negligence arising from or incident to the parties' performance
under this Agreement. Neither party shall be responsible for any incident arising from the sole
negligence of the other. This section is not intended to extend the limits of sovereign immunity
as provided in §768.28,Fla. Stat. (2007).
This provision shall also pertain to any claims brought against the parties by any employee of the
named parties, any sub-contractor, or anyone directly or indirectly employed by any of them.
The parties' obligations under this provision shall be limited to�the extent provided by Florida
law.
SECTION IV. NOTICES
4.01 All notices from Collier County to Lee County shall be deemed duly served if mailed or
faxed to Lee County at the following address:
Lee County Government Center
Purchasing Department
1824 Hendry Street, 3rd Floor
Ft.Myers, FL 33901
Attention: Janet Sheehan,Purchasing Director
Telephone: 239-533-5450
Facsimile: 239-485-5460
4.02 All Notices from Lee County to Collier County shall be deemed duly served if mailed or
faxed to the following address:
Collier County Government Center
Purchasing Department-Purchasing Building
3301 Tamiami Trail East
Naples,Florida 34112
Attention: Steve Carnell, Purchasing/GS Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
Either county may change the above mailing address at any time upon giving the other party
written notification. All notices under this Agreement must be in writing.
SECTION V. MISCELLANEOUS
5.01 This Agreement shall be governed by the laws of the State of Florida. In the event any
litigation is instituted by way of construction or enforcement of this Agreement the party
Page 2 of 3
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4/12/2016 16.A.20.
prevailing in said litigation shall be entitled to collect and recover from the opposite party all
court costs and other expenses including reasonable attorneys' fees.
5.02 It is understood that this Agreement shall be executed by both parties prior to either county
commencing with the reciprocity described herein.
5.03 This Agreement contains the entire understanding between the parties and any
modifications to this Agreement shall be mutually agreed upon in writing by both Counties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
appropriate officials, as of the date first above written.
AS TO COLLIER COUNTY: BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
AkT'I'ET�` ;,,,
,, hWI T,-E:.BgOCK, CLERK
. :` a. sue.- •
Tom Henning, CHAIRMAN
e - At s t.'.a s to Oa troop' s g,
.'4%/, s lyristtw^It ong
ApprdVe' '�s o orm d legal sufficiency
_01),Pi ______,‘ 'TM #k, _______________
Colleen M. Greene
Assistant County Attorney
` AS TO L ? ; OUNTY: BOARD OF COUNTY COMMISSIONERS
LEE COUNTY,FLORIDA
ATTEST:
r „.CHART. ..GRREN, CLERK OF COURTS
,,.A.:110 ( N, '4 Qiy/td,c-P
Deputy Clerk CHAIRMi /
4
(j
Approv-. as to fo ,,nd _al sufficiency
f1::
all
f ,. .
Assist./ runty A torn=9
Page 3 of 3
_ Packet Page -717-
4/12/2016 16.A.20.
CoferCounty
Administrative Services Department
Procurement Services Division
Collier County
Procurement Ordinance 2013-69 as Amended by 2015-37
Excerpt of Protest Policy
SECTION TWENTY-THREE: Protest of Bid or Proposal Award.
The purpose of this section is to accommodate legitimate protests concerning formal
competitive invitations to bid or requests for proposals and recommended contract awards
above the formal competitive bid or proposal thresholds prior to award of a contract by the
Board of County Commissioners.
A. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for
Proposal, who has a substantial interest and alleges to be aggrieved in connection with the
solicitation or award of a contract, (hereafter referred to as"the protesting party") may protest to
the Procurement Services Division Director, who shall serve as the sole recipient of any and all
notices of intent to protest and all formal protests.
B. With respect to a protest of the terms, conditions and specifications contained in a
solicitation, including any provisions governing the methods for evaluation of bids, proposals or
replies, awarding contracts, reserving rights for further negotiation or modifying or amending any
contract, the protesting party shall file a notice of intent to protest within three (3) days,
excluding weekends and County holidays, after the first publication, whether by posting or
formal advertisement of the solicitation. The formal written protest shall be filed within five (5)
days of the date the notice of intent is filed. Formal protests of the terms, conditions and
specifications shall contain all of the information required for formal protests of recommended
contract awards as set forth under subsection C. The Procurement Services Division Director,
shall render a decision on the formal protest and determine whether postponement of the bid
opening or proposal/response closing time is appropriate. The Procurement Services Division
Director's decision shall be considered final and conclusive unless the protesting party files an
appeal of the Procurement Services Division Director's decision.
C. Any actual or prospective bidder or respondent to an Invitation to Bid or a Request for
Proposal who desires to protest a recommended contract award shall submit a notice of intent
to protest to the Procurement Services Division Director within two (2) calendar days, excluding
weekends and County holidays, from the date of the initial posting of the recommended award.
D. All formal protests with respect to a recommended contract award shall be submitted in
writing to the Procurement Services Division Director for a decision. Said protests shall be
submitted within five (5) calendar days, excluding weekends and County holidays, from the
date that the notice of intent to protest is received by the Procurement Services Division
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Director, and accompanied by the fee, as set forth below. The protesting party must have
standing as defined by established Florida case law to maintain a protest.
The formal protest shall contain, but not be limited to the following information:
1. Name and address of County Agency affected and the solicitation number and
title.
2. The name and address of the protesting party.
3. A statement of disputed issues of material fact. If there are no disputed
material facts, the written letter must so indicate.
4. A concise statement of the ultimate facts alleged and of any relevant rules,
regulations, statutes, and constitutional provisions entitling the protesting
party to relief.
5. The protesting party's entitled demand for the relief.
6. Such other information as the protesting party deems to be material to the
issue.
The formal protest shall contain all arguments, facts or data supporting and advancing
the protestor's position. Under no circumstances shall the protestor have the right to
amend, supplement or modify its formal protest after the filing thereof. Nothing herein
shall preclude the County's authority to request additional information from the
protesting party or other bidders or proposers in conjunction with the review and
rendering of decisions on the protest, including any subsequent appeal.
E. In the event of a timely protest of contract award consistent with the requirements of this
section, the Procurement Services Division Director shall not proceed further with the award of
the contract until all appropriate administrative remedies as delineated under this section have
been exhausted or until the Board of County Commissioners makes a determination on the
record that the award of a contract without delay is in the best interests of the County. During
this process, the protesting party shall limit their communications with the County to the Office
of the County Attorney, and neither the protesting party, their agents or their representatives
shall have any private contact or discussions with individual County Commissioners, the
County Manager, other County employees, or any independent hearing officer (where
applicable) regarding the protest except such communications as may be required or permitted
during a hearing, if applicable, or a meeting of the County Commission wherein the solicitation
or award is to be considered.
F. The Procurement Services Division Director shall review the merits of each timely
protest and in consultation with the contract manager and other appropriate County staff, issue
a decision stating the reasons for the decision and the protesting party's rights of appeal under
this section. Said decision shall be in writing and mailed or otherwise furnished to the protesting
party. The decision of the Procurement Services Division Director shall be final and conclusive
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unless the protesting party delivers a subsequent written notice of appeal to the Procurement
Services Division Director within two (2) calendar days, excluding weekends and County
holidays from the date of receipt of the decision. In filing a written objection to the Procurement
Services Division Director's decision, the protestor shall not introduce new arguments or alter in
any other way their protest submission. An appeal of the Procurement Services Division
Director's decision shall be limited to a review of the grounds set forth in the formal protest, and
no new grounds or arguments will be introduced or considered.
G. In the event of a subsequent appeal pursuant to subsection F, the County Manager shall
determine whether to appoint an independent Hearing Officer to review the formal protest and
the Procurement Services Division Director's decision. The Hearing Officer's review shall be
limited to the grounds set forth in the formal protest, and shall be for the purpose of determining
whether the County's intended action is arbitrary, capricious, illegal, dishonest or fraudulent.
The protesting party shall have the burden of proof. The Hearing Officer shall consider the
formal protest, the Procurement Services Division Director's decision, and supporting
documents and evidence presented at the hearing. In any hearing, irrelevant, immaterial or
unduly repetitious evidence shall be excluded. All other evidence of a type commonly relied
upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether
or not such evidence would be admissible in a trial in the courts of Florida. The Hearing Officer
may grant the motion of any person having standing under Florida law to intervene in the
proceedings. Persons or parties shall have the right to be represented by counsel in the
proceedings, to call witnesses, and present evidence; provided, however, that the Hearing
Officer shall not have the right to compel attendance of witnesses or to permit or compel any
discovery.
The Hearing Officer will have a maximum of 60 days to schedule and conduct a hearing into the
matter and issue a recommended finding of fact and an opinion in writing to the County
Manager or designee for submission to the Board of County Commissioners. Should the
Hearing Officer find in favor of the County, the protesting party pay, in full, the costs of the
Hearing Officer. If the Hearing Officer's recommended decision is in favor of the protesting
party,then the County will assume this cost.
The County Manager's discretion as to whether to appoint a Hearing Officer shall in no way
afford the protestor the right to demand such an appointment or hearing. The decision of a
Hearing Officer on a protesting party's appeal shall be submitted to the Board for its
consideration as part of a final award decision. Nothing herein shall be construed as creating a
right of judicial review of the Hearing Officer's decision, nor shall such decision be binding upon
the Board. Additionally, nothing herein shall be construed as limiting the Board's right to reject
any and all bids or proposals.
H. Decisions of the Procurement Services Division Director and Hearing Officer (where
applicable) will be provided to the protestor and other interested parties prior to the award
recommendation being presented to the Board of County Commissioners. Neither the County
Manager's decision nor the Hearing Officer's recommended decision shall be construed as an
award recommendation triggering additional rights of protest pursuant to this policy.
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Notwithstanding anything set forth herein to the contrary, the Board of County Commissioners
shall retain the authority to make the final award decision.
Failure to file a formal protest within the time and manner prescribed by this policy shall
constitute a waiver of the right to protest by any protesting party as defined by subsection "A" of
this policy.
J. As a condition of filing a formal appeal to the Procurement Services Division Director's
initial finding, the protesting party shall submit a non-refundable filing fee for the purpose of
defraying the costs of administering the protest. The filing fee shall be submitted with the formal
protest. Failure to pay the filing fee shall result in the denial of the protest. The amount of the
filing fee shall be as follows:
Estimated Contract Amount Filing Fee
$250,000 or less $500
$250,000.01 to$500,000 $1,000
$500,000.01 to$5 million $3,000
$5 million or more $5,000
This fee may be modified by Resolution of the Board of County Commissioners.
4
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