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Agenda 03/13/2018 Item #16A 603/13/2018 EXECUTIVE SUMMARY Recommendation to award Invitation to Bid No. 18-7252, "Roadway Signs Repair," to Highway Safety Devices, Inc. for repair and installation of roadway signs damaged by Hurricane Irma (Project 50154). OBJECTIVE: To protect the health and safety of the general public by repairing and re-installing an estimated 14,000 roadway signs damaged and lost due to the effects of Hurricane Irma. This work is anticipated to be complete within six months. CONSIDERATION: This contract will be used to assist in the repair and re-installation of roadway signs. Most of the roadway signs throughout Collier County were damaged during Hurricane Irma. An emergency contractor was hired to address immediate safety concerns limited to repair/replacement of stop signs. This contract is a follow-up to repair the remaining signs. On November 24, 2017, the Procurement Services Division released notices of Invitation to Bid (ITB) No. 18-7252 to 304 vendors for Roadway Signs Repair. Twenty-nine (29) bid packages were downloaded and the County received two (2) bids on December 20, 2017. The bid results are as follow: Company Name Bid Amount Highway Safety Devices, Inc. $840,000 Asset Management Solutions USA $1,292,816 Procurement staff determined the lowest responsive and responsible bidder to be Highway Safety Devices Inc. with a bid of $840,000. The Engineer’s opinion of probable cost for the project was $1,540,000. Highway Safety Devices, Inc.’s bid is 45.5% below the Engineer’s estimate. FISCAL IMPACT: A budget amendment is required to allocate the balance of funding needed to let this contract. Funding will be reallocated from other projects within the Transportation Capital Fund (310) which have already been budgeted with transfers from the General Fund (001) and Unincorporated Area General Fund (111). These costs are not FEMA or FHWA eligible, but are covered by our county insurance policy. Costs will be captured in the Hurricane Irma Project No. 50154 for later submission on an insurance claim for reimbursement. GROWTH MANAGEMENT IMPACT: This project is consistent with the Transportation Element of the Growth Management Plan. LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. -SRT RECOMMENDATION: To award ITB No. 18-7252 “Roadway Signs Repair” to Highway Safety Devices, Inc. in the amount of $840,000, authorize the necessary budget amendments, and authorize the Chairman to sign the attached contract. Prepared by: Daniel G. Hall, P.E., Principal Project Manager, Transportation Engineering Division ATTACHMENT(S) 1. 18-7252 Bid Tab (PDF) 2. 18-7252 Highway Safety Devices Proposal (PDF) 16.A.6 Packet Pg. 330 03/13/2018 3. 18-7252 Highway Saftey_Contract_VendSign (PDF) 4. 18-7252 NORA (PDF) 5. 18-7252 Solicitation (PDF) 6. ITB 18-7252 Bid Analysis (PDF) 7. BA from 60037 to 50154 (PDF) 16.A.6 Packet Pg. 331 03/13/2018 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.6 Doc ID: 4773 Item Summary: Recommendation to award Invitation to Bid #18-7252, "Roadway Signs Repair," to Highway Safety Devices, Inc. for repair and installation of roadway signs damaged by Hurricane Irma (Project No. 50154). Meeting Date: 03/13/2018 Prepared by: Title: Project Manager, Senior – Transportation Engineering Name: Daniel Hall 02/05/2018 1:09 PM Submitted by: Title: Division Director - Transportation Eng – Transportation Engineering Name: Jay Ahmad 02/05/2018 1:09 PM Approved By: Review: Growth Management Department Diane Lynch Level 1 Reviewer Completed 02/06/2018 2:04 PM Procurement Services Viviana Giarimoustas Additional Reviewer Completed 02/09/2018 1:10 PM Growth Management Department Anthony Khawaja Additional Reviewer Completed 02/09/2018 1:15 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 02/09/2018 1:28 PM Procurement Services Opal Vann Level 1 Purchasing Gatekeeper Completed 02/09/2018 2:38 PM Procurement Services Ted Coyman Additional Reviewer Completed 02/13/2018 10:06 AM Growth Management Operations Support Allison Kearns Additional Reviewer Completed 02/14/2018 9:35 AM Growth Management Operations Support Heather Meyer Additional Reviewer Completed 02/14/2018 10:36 AM Procurement Services Swainson Hall Additional Reviewer Completed 02/14/2018 2:15 PM Growth Management Department Gene Shue Additional Reviewer Completed 02/14/2018 3:56 PM Procurement Services Sandra Herrera Additional Reviewer Completed 02/15/2018 12:44 PM Growth Management Department Jeanne Marcella Department Head Review Completed 02/16/2018 3:11 PM Growth Management Department James French Deputy Department Head Review Skipped 02/19/2018 2:29 PM County Attorney's Office Scott Teach Level 2 Attorney Review Completed 02/26/2018 12:00 PM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 02/26/2018 1:46 PM Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 02/26/2018 1:58 PM 16.A.6 Packet Pg. 332 03/13/2018 Grants Therese Stanley Additional Reviewer Completed 03/02/2018 2:26 PM Office of Management and Budget Susan Usher Additional Reviewer Completed 03/05/2018 1:29 PM County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 03/06/2018 11:57 AM Board of County Commissioners MaryJo Brock Meeting Pending 03/13/2018 9:00 AM 16.A.6 Packet Pg. 333 Project Manager: Daniel HallProcurement: Viviana GiarimoustasOpened: 12/20/2017Witnessed By: Brenda Brilhart#18‐7252 Roadway Signs RepairNotifications Sent: 304 Downloaded: 29Submissions: 2Non Response: 1DESCRIPTIONESTIMATED QUANTITY*UNITUNIT PRICEHourly Rate CostHourly Rate CostHourly Rate for all work Single Posted Sign Assemblies5544 Hourly$149.00$826,056.00$229.00 $1,269,576.00Hourly Rate for all work Multi‐Posted Sign Assemblies56 Hourly$249.00$13,944.00$415.00 $23,240.00$840,000.00$1,292,816.00Highway Safety Devices Inc.Asset Management Solutions USATotal Bid**Depending on in‐house inventory of materials, we would like to reserve the option to have the Contractor, when requested, to provide sign panels, posts, and related materials on a material cost plus of 10% markup.**Total Bid is for award determination purposes only and does not reflect actual usage or demand. Work will be paid on the hourly unit price provided.Yes /NoRequired DocumentsVendor's Checklist Yes  Yes  ADDITIONAL INFORMATION*Estimated Quantity is for award determination purposes only and does not reflect actual usage or demand. Conflict of Interest Affidavit Vendor Declaration Statement Immigration AffadavitE‐Verify Profile Page/MemorandumSubstitue W9 Yes /NoInsurance  3 References from the past 5 yearsFDOT Pre‐Qualified in Roadway SigningInternational Municipal Signal Association (IMSA) Signal Technician Level III or Signs and Pavement Markings Level II CertificationTemporary Traffic Control Certification ‐ IntermediateLocal Vendor PreferenceNoYes  Yes  Yes  Yes  NoYes  NAYes  Yes  Yes  NoNoYes  Yes  Yes  Yes  Yes  Yes  Yes  Yes  Yes  1 of 116.A.6.aPacket Pg. 334Attachment: 18-7252 Bid Tab (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 335Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 336Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 337Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 338Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 339Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 340Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 341Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 342Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 343Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 344Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 345Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 346Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 347Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 348Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 349Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 350Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 351Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 352Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 353Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 354Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 355Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 356Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 357Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 358Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 359Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 360Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 361Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 362Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 363Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 364Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 365Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.bPacket Pg. 366Attachment: 18-7252 Highway Safety Devices Proposal (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 367Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 368Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 369Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 370Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 371Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 372Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 373Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 374Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 375Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 376Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 377Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 378Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 379Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 380Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 381Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 382Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 383Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 384Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 385Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 386Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 387Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 388Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 389Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 390Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 391Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 392Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 393Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 394Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 395Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.cPacket Pg. 396Attachment: 18-7252 Highway Saftey_Contract_VendSign (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") 16.A.6.d Packet Pg. 397 Attachment: 18-7252 NORA (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS INVITATION TO BID (ITB) FOR ROADWAY SIGNS REPAIR SOLICITATION NO.: 18-7252 VIVIANA GIARIMOUSTAS, PROCUREMENT STRATEGIST PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FLORIDA 34112 TELEPHONE: (239) 252-8375 VivianaGiarimoustas@colliergov.net (Email) This proposal solicitation document is prepared in a Microsoft Word format (Rev 8/8/2017). Any alterations to this document made by the Vendor may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the Collier County Government. 16.A.6.e Packet Pg. 398 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 2 TABLE OF CONTENTS ITEM DESCRIPTION ...................................................................................................................................................... 1. Introduction 2. Background 3. Term of Contract 4. Award Criteria General Bid Instructions 5. Purpose/Objective 6. Pricing 7. Alternate Bid Pricing 8. Equal Product 9. Discount 10. Addenda 11. Bid Submission 12. Questions 13. Protests 14. Immigration Affidavit Certification 15. Lobbying 16. Certificate of Authority to Conduct Business in the State of Florida (Florida Statute 607.1501) 17. General Information 18. Bid Award Process 19. Reserved Rights 20. Collier County Purchase Order Terms and Conditions Additional Terms and Conditions 21. Insurance and Bonding Requirements 22. Additional items and/or Service 23. Vendor Performance Evaluation 24. Additional Terms and Conditions of Contract 25. Public Records Compliance 26. Payment Method 27. Environmental Health and Safety 28. Licenses 29. Survivability 30. Relation of County 31. Termination 32. Public Entity Crime 33. Security and Background Checks 34. Conflict of Interest 35. Prohibition of Gifts to County Employees 36. Deduction for Non-Performance 37. Offer Extended to Other Governmental Entities 38. Standards of Conduct 39. Protection of Property 40. Collier County Information Technology Requirements 41. Maintenance of Traffic Policy 42. Debris 43. Direct Material Purchase 44. Grant Compliance 45. Equipment Attachments Attachment A – Scope of Services Attachment B – Required Forms Attachment C – Bid Schedule Attachment D- TTC Policy #5807 16.A.6.e Packet Pg. 399 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 3 SOLICITATION PUBLIC NOTICE INVITATION TO BID (ITB) NUMBER: 18-7252 PROJECT TITLE: ROADWAY SIGNS REPAIR LOCATION: PROCUREMENT SERVICES DIVISION, CONFERENCE ROOM A, 3295 TAMIAMI TRAIL EAST, BLDG C-2, NAPLES, FLORIDA 34112 PRE-PROPOSAL: Friday, December 15, 2017 at 9:00 AM BID OPENING DAY/DATE/TIME: Thursday, January 4, 2018 at 10:00 AM PLACE OF BID OPENING: PROCUREMENT SERVICES DIVISION 3295 TAMIAMI TRAIL EAST, BLDG C-2 NAPLES, FL 34112 1. INTRODUCTION As requested by the Traffic Operations Division (hereinafter, the “Division or 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 bid submittals from interested and qualified vendors in accordance with the terms, conditions and specifications stated or attached. The vendor, at a minimum, must achieve the requirements of the Specifications or Scope of Work stated. The results of this solicitation may be used by other County departments once awarded according to the Board of County Commissioners Procurement Ordinance. County spend is estimated to be approximately $1,500,000; however, this may not be indicative of future buying patterns. 2. BACKGROUND Hurricane Irma damaged the majority of roadway signs in Collier County. The potential work included is to remove damaged sign/posts, salvage and/or reinstall sign panels, re-plumb undamaged signs, provide and install new signs/posts/hardware, coordinate with “Sunshine 811” if locates are needed, deliver salvaged materials back to Traffic Operations. There are over 25,000 signs that the County currently maintains. It is estimated that approximately 14,000 of those signs are damaged and need attention. Most of the sign assemblies are leaning and just require straightening. Some of the signs assemblies will need new posts only. Some locations will require a newly furnished and installed sign assembly. 3. TERM OF CONTRACT The contract term, if an award(s) is/are made is intended to be for one (1) year. Prices shall remain firm for the initial term of this contract. Surcharges will not be accepted in conjunction with this contract, and such charges should be incorporated into the pricing structure. All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 4. AWARD CRITERIA ITB award criteria are as follows: 4.1 The County’s Procurement Services Division reserves the right to clarify a vendor’s submittal prior to the award of the solicitation. 4.2 It is the intent of Collier County to award to the lowest, responsive and responsible vendor(s) that represents the best value to the County. 4.3 For the purposes of determining the winning bidder, the County will select the vendor with the lowest price as outlined below: • Lowest total bid 16.A.6.e Packet Pg. 400 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 4 4.4 Collier County reserves the right to select one, or more than one suppliers, award on a line item basis, establish a pool for quoting, or other options that represents the best value to the County; however, it is the intent to: • Identify a single awarded 4.5 The County reserves the right to issue a formal contract or standard County Purchase Order for the award of this solicitation. 4.6 The County requests that the vendor submits no fewer than three (3) completed reference forms from clients whose projects are of a similar nature to this solicitation as a part of their proposal from the past five (5) years. GENERAL BID INSTRUCTIONS 5. PURPOSE/OBJECTIVE As requested by the Collier County departments or divisions identified, the Collier County Board of County Commissioners Procurement Services Division (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 forms furnished by the County noted in Attachments of this ITB. Bids may not be considered unless Bid forms are properly executed. 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. 6. 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. 7. 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 may be the basis for the rejection of the submitted bid response. All bids responses received without pricing for all alternates as listed may be considered technically non- responsive and will not be considered for award. 8. 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 by the County 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, the vendor must contact the Procurement Services Division for instructions on submittal. The County shall be sole judge of equality or similarity, and its decision shall be final in the best interest. 9. DISCOUNT 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. 10. 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 notifications 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. All addendums are posted on the Collier County Procurement Services Division Online Bidding System website: www.colliergov.net/bid. Before submitting a bid response, please make sure that you have read all documents provided, 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. 11. BID SUBMISSION 16.A.6.e Packet Pg. 401 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 5 All electronic bids shall be submitted online via the Collier County Procurement Services Division Online Bidding System: www.colliergov.net/bid 12. 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 Procurement Services Division Internet website: www.colliergov.net/bid. Questions will not be answered after the date and time noted. Vendors must clearly understand that the only official answer or position of the County will be the one stated on the Collier County Procurement Services Division Online Bidding System website. For general questions, please call the referenced Procurement Strategist identified in the Public Notice. 13. PROTESTS Any prospective vendor/bidder 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 Services Division prior to the time of the bid opening strictly in accordance with the County’s then current Procurement Ordinance and policies. 14. IMMIGRATION AFFIDAVIT CERTIFICATION 14.1 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 (ITB) including professional services and construction services. (1) Exceptions to the program: (a) Commodity based procurement where no services are provided. (b) Where the requirement for the affidavit is waived by the Board of County Commissioners. 14.2 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 Procurement Services Division an executed affidavit certifying they shall comply with the E-Verify Program. The affidavit is attached to the solicitation documents. If the Bidder/Vendor 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. 14.3 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. 14.4 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. 14.5 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. 15. LOBBYING After the issuance of any solicitation, no current or prospective vendor or any person acting on their behalf, shall contact, communicate with or discuss any matter relating to the solicitation with any Collier County employee or elected or appointed official, other than the Procurement Services Director or his/her designees. This prohibition ends upon execution of the final contract or upon cancellation of the solicitation. Any current or prospective vendor that lobbies any Collier County employee or elected or appointed official while a solicitation is open or being recommended for award (i) may be deemed ineligible for award of that solicitation by the Procurement Services Director, and (ii) will be subject to Suspension and Debarment outlined in section Twenty-eight of County Ordinance 2017-08. 16. CERTIFICATE OF AUTHORITY TO CONDUCT BUSINESS IN THE STATE OF FLORIDA (FL STATUTE 607.1501) 16.A.6.e Packet Pg. 402 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 6 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.org/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. 17. 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 conduct a random selection (coin toss) by the Procurement Services Director before at least three witnesses. 18. BID AWARD PROCESS Award shall be made in a manner consistent with the County’s Procurement Ordinance. Award recommendations will be posted on the Collier County Procurement Services Division website. 19. RESERVED RIGHTS Collier County reserves its right in any solicitation to accept or reject any or all bids, proposals or offers; to waive minor irregularities and technicalities; or to request resubmission. Also Collier County reserves the right to accept all or any part of any bid, proposal, or offer, and to increase or decrease quantities to meet the additional or reduced requirements of Collier County. Collier County reserves its right to cancel, extend or modify any or all bids, proposals or offers; to award to one or more vendors; to award all or part of a solicitation; and to award by individual line items when it is deemed to be in the best interest of the County. Collier County reserves its right to reject any sole response. COLLIER COUNTY PURCHASE ORDER TERMS AND CONDITIONS 20. PURCHASE ORDER TERMS AND CONDITIONS 20.1 Offer 20.1.1 This offer is subject to cancellation by the COUNTY without notice if not accepted by VENDOR within fourteen (14) days of issuance. 20.2 Acceptance and Confirmation 20.2.1 This Purchase Order (including all documents attached to or referenced therein) constitutes the entire agreement between the parties, unless otherwise specifically noted by the COUNTY on the face of this Purchase Order. Each delivery of goods and/or services received by the COUNTY from VENDOR shall be deemed to be upon the terms and conditions contained in this Purchase Order. 20.2.2 No additional terms may be added and Purchase Order may not be changed except by written instrument executed by the COUNTY. VENDOR is deemed to be on notice that the COUNTY objects to any additional or different terms and conditions contained in any acknowledgment, invoice or other communication from VENDOR, notwithstanding the COUNTY’S acceptance or payment for any delivery of goods and/or services, or any similar act by VENDOR. 20.3 Inspection 20.3.1 All goods and/or services delivered hereunder shall be received subject to the COUNTY’S inspection and approval and payment therefore shall not constitute acceptance. All payments are subject to adjustment for shortage or rejection. All defective or nonconforming goods will be returned pursuant to VENDOR'S instruction at VENDOR’S expense. 20.3.2 To the extent that a purchase order requires a series of performances by VENDOR, the COUNTY prospectively reserves the right to cancel the entire remainder of the Purchase Order if goods and/or services provided early in the term of the Purchase Order are non-conforming or otherwise rejected by the COUNTY. 20.4 Shipping and Invoices 20.4.1 a) All goods are FOB destination and must be suitably packed and prepared to secure the lowest transportation rates and to comply with all carrier regulations. Risk of loss of any goods sold hereunder shall transfer to the COUNTY at the time and place of delivery; provided that risk of loss prior to actual receipt of the goods by the COUNTY nonetheless remain with VENDOR. 16.A.6.e Packet Pg. 403 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 7 20.4.2 b) No charges will be paid by the COUNTY for packing, crating or cartage unless otherwise specifically stated in this Purchase Order. Unless otherwise provided in Purchase Order, no invoices shall be issued nor payments made prior to delivery. Unless freight and other charges are itemized, any discount will be taken on the full amount of invoice. 20.4.3 c) All shipments of goods scheduled on the same day via the same route must be consolidated. Each shipping container must be consecutively numbered and marked to show this Purchase Order number. The container and Purchase Order numbers must be indicated on bill of lading. Packing slips must show Purchase Order number and must be included on each package of less than container load (LCL) shipments and/or with each car load of equipment. The COUNTY reserves the right to refuse or return any shipment or equipment at VENDOR’S expense that is not marked with Purchase Order numbers. VENDOR agrees to declare to the carrier the value of any shipment made under this Purchase Order and the full invoice value of such shipment. 20.4.4 d) All invoices must contain the Purchase Order number and any other specific information as identified on the Purchase Order. Discounts of prompt payment will be computed from the date of receipt of goods or from date of receipt of invoices, whichever is later. Payment will be made upon receipt of a proper invoice and in compliance with Chapter 218, Fla. Stats., otherwise known as the “Local Government Prompt Payment Act,” and, pursuant to the Board of County Commissioners Purchasing Policy. 20.5 Time Is Of the Essence 20.5.1 Time for delivery of goods or performance of services under this Purchase Order is of the essence. Failure of VENDOR to meet delivery schedules or deliver within a reasonable time, as interpreted by the COUNTY in its sole judgment, shall entitle the COUNTY to seek all remedies available to it at law or in equity. VENDOR agrees to reimburse the COUNTY for any expenses incurred in enforcing its rights. VENDOR further agrees that undiscovered delivery of nonconforming goods and/or services is not a waiver of the COUNTY’S right to insist upon further compliance with all specifications. 20.6 Changes 20.6.1 The COUNTY may at any time and by written notice make changes to drawings and specifications, shipping instructions, quantities and delivery schedules within the general scope of this Purchase Order. Should any such change increase or decrease the cost of, or the time required for performance of the Purchase Order, an equitable adjustment in the price and/or delivery schedule will be negotiated by the COUNTY and VENDOR. Notwithstanding the foregoing, VENDOR has an affirmative obligation to give notice if the changes will decrease costs. Any claims for adjustment by VENDOR must be made within thirty (30) days from the date the change is ordered or within such additional period of time as may be agreed upon by the parties. 20.7 Warranties 20.7.1 VENDOR expressly warrants that the goods and/or services covered by this Purchase Order will conform to the specifications, drawings, samples or other descriptions furnished or specified by the COUNTY, and will be of satisfactory material and quality production, free from defects and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party. These warranties shall survive inspection, acceptance, passage of title and payment by the COUNTY. 20.8 Statutory Conformity 20.8.1 Goods and services provided pursuant to this Purchase Order, and their production and transportation shall conform to all applicable laws, including but not limited to the Occupational Health and Safety Act, the Federal Transportation Act and the Fair Labor Standards Act, as well as any law or regulation noted on the face of the Purchase Order. 20.9 Advertising 20.9.1 No VENDOR providing goods and services to the COUNTY shall advertise the fact that it has contracted with the COUNTY for goods and/or services, or appropriate or make use of the COUNTY’S name or other identifying marks or property without the prior written consent of the COUNTY’S Purchasing Department. 20.10 Indemnification 20.10.1 VENDOR shall defend, indemnify and hold harmless the COUNTY from any and all claims, including claims of negligence, costs and expenses, including but not limited to attorneys' fees, arising from, caused by or related to the injury or death of any person (including but not limited to employees and agents of VENDOR in the performance of their duties or otherwise), or damage to property (including property of the COUNTY or other persons), which arise out of or are incident to the goods and/or services to be provided hereunder. 20.11 Warranty of Non-Infringement 20.11.1 VENDOR represents and warrants that all goods sold or services performed under this Purchase Order are: a) 16.A.6.e Packet Pg. 404 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 8 in compliance with applicable laws; b) do not infringe any patent, trademark, copyright or trade secret; and c) do not constitute unfair competition. 20.11.2 VENDOR shall indemnify and hold harmless the COUNTY from and against any and all claims, including claims of negligence, costs and expense, including but not limited to attorneys' fees, which arise from any claim, suit or proceeding alleging that the COUNTY’S use of the goods and/or services provided under this Purchase Order are inconsistent with VENDOR'S representations and warranties in section 11 (a). 20.11.3 If any claim which arises from VENDOR'S breach of section 11 (a) has occurred, or is likely to occur, VENDOR may, at the COUNTY’S option, procure for the COUNTY the right to continue using the goods or services, or replace or modify the goods or services so that they become non-infringing, (without any material degradation in performance, quality, functionality or additional cost to the COUNTY). 20.12 Insurance Requirements 20.12.1 The VENDOR, at its sole expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Purchase Order. Providing and maintaining adequate insurance coverage is a material obligation of the VENDOR. All insurance policies shall be executed through insurers authorized or eligible to write policies in the State of Florida. 20.13 Compliance with Laws 20.13.1 In fulfilling the terms of this Purchase Order, VENDOR agrees that it will comply with all federal, state, and local laws, rules, codes, and ordinances that are applicable to the conduct of its business. By way of non- exhaustive example, this shall include the American with Disabilities Act and all prohibitions against discrimination on the basis of race, religion, sex creed, national origin, handicap, marital status, or veterans’ status. Further, VENDOR acknowledges and without exception or stipulation 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. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the County shall have the discretion to unilaterally terminate said agreement immediately. Any breach of this provision may be regarded by the COUNTY as a material and substantial breach of the contract arising from this Purchase Order. 20.14 Force Majeure 20.14.1 Neither the COUNTY nor VENDOR shall be responsible for any delay or failure in performance resulting from any cause beyond their control, including, but without limitation to war, strikes, civil disturbances and acts of nature. When VENDOR has knowledge of any actual or potential force majeure or other conditions which will delay or threatens to delay timely performance of this Purchase Order, VENDOR shall immediately give notice thereof, including all relevant information with respects to what steps VENDOR is taking to complete delivery of the goods and/or services to the COUNTY. 20.15 Assignment 20.15.1 VENDOR may not assign this Purchase Order, nor any money due or to become due without the prior written consent of the COUNTY. Any assignment made without such consent shall be deemed void. 20.16 Taxes 20.16.1 Goods and services procured subject to this Purchase Order are exempt from Florida sales and use tax on real property, transient rental property rented, tangible personal purchased or rented, or services purchased (Florida Statutes, Chapter 212), and from federal excise tax. 20.17 Annual Appropriations 20.17.1 The COUNTY’S performance and obligation to pay under this Purchase Order shall be contingent upon an annual appropriation of funds. 20.18 Termination 20.18.1 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 conditions of this Purchase Order, provided that COUNTY has provided VENDOR with notice of such breach and VENDOR has failed to cure within 10 days of receipt of such notice. 20.19 General 20.19.1 a) This Purchase Order shall be governed by the laws of the State of Florida. The venue for any action brought to specifically enforce any of the terms and conditions of this Purchase Order shall be the Twentieth Judicial Circuit in and for Collier County, Florida 16.A.6.e Packet Pg. 405 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 9 20.19.2 b) Failure of the COUNTY to act immediately in response to a breach of this Purchase Order by VENDOR shall not constitute a waiver of breach. Waiver of the COUNTY by any default by VENDOR hereunder shall not be deemed a waiver of any subsequent default by VENDOR. 20.19.3 c) All notices under this Purchase Order shall be sent to the respective addresses on the face page by certified mail, return receipt requested, by overnight courier service, or by personal delivery and will be deemed effective upon receipt. Postage, delivery and other charges shall be paid by the sender. A party may change its address for notice by written notice complying with the requirements of this section. 20.19.4 d) The Vendor agrees to reimbursement of any travel expenses that may be associated with this Purchase Order in accordance with Florida Statute Chapter 112.061, Per Diem and Travel Expenses for Public Officers, employees and authorized persons. 20.19.5 e) In the event of any conflict between or among the terms of any Contract Documents related to this Purchase Order, the terms of the Contract Documents shall take precedence over the terms of the Purchase Order. To the extent any terms and /or conditions of this Purchase Order duplicate or overlap the Terms and Conditions of the Contract Documents, the provisions of the Terms and/or Conditions that are most favorable to the County and/or provide the greatest protection to the County shall govern. ADDITIONAL TERMS AND CONDITIONS FOR ITB 21. INSURANCE AND BONDING REQUIREMENTS 21.1 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 the Insurance and Bonding 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. 21.2 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. 21.3 Collier County shall be responsible for purchasing and maintaining, its own liability insurance. 21.4 Certificates issued as a result of the award of this solicitation must identify “For any and all work performed on behalf of Collier County.” 21.5 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. 21.6 Collier County Board of County Commissioners shall be named as the Certificate Holder. 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. The "Certificate Holder" should read as follows: Collier County Board of County Commissioners Naples, Florida 21.7 The amounts and types of insurance coverage shall conform to the minimum requirements set forth in Insurance and Bonding 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. 21.8 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. 21.9 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. 16.A.6.e Packet Pg. 406 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 10 21.10 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. 21.11 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. 22. ADDITIONAL ITEMS AND/OR SERVICES Additional items and/or services may be added to the resultant contract, or purchase order, in compliance with the Procurement Ordinance. 23. VENDOR PERFORMANCE EVALUATION The 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 this Agreement. 24. ADDITIONAL TERMS AND CONDITIONS OF CONTRACT 24.1 The selected Vendor may be required to sign a standard Collier County contract. 24.2 The resultant contract(s) may include purchase or work orders issued by the County’s project manager. 24.3 The County reserves the right to include in any contract document such terms and conditions, as it deems necessary for the proper protection of the rights of Collier County. A sample copy of this contract is available upon request. The County will not be obligated to sign any contracts, maintenance and/or service agreements or other documents provided by the Vendor. 24.4 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. 25. PUBLIC RECORDS COMPLIANCE 25.1Florida Public Records Law Chapter 119, including specifically those contractual requirements in 119.0701(2)(a)-(b) as follows: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 25.2 The Contractor must specifically comply with the Florida Public Records Law to: 25.2.1 Keep and maintain public records required by the public agency to perform the service. 16.A.6.e Packet Pg. 407 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 11 25.2.2 Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 25.2.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the public agency. 25.2.4 Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. 26. PAYMENT METHOD 26.1 Payments are made in accordance with the Local Government Prompt Payment Act, Chapter 218, Florida Statutes. Vendor’s invoices must include: 26.1.1 Purchase Order Number 26.1.2 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 East, Suite 700 Naples FL 34112 Or Emailed to: bccapclerk@collierclerk.com 26.2 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 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. 26.3 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. 26.4 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. 27. ENVIRONMENTAL HEALTH AND SAFETY 27.1 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. 27.2 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. 27.3 All new electrical installations shall incorporate NFPA 70E Short Circuit Protective Device Coordination and Arc Flash Studies where relevant as determined by the engineer. 27.4 All electrical installations shall be labeled with appropriate NFPA 70E arch flash boundary and PPE Protective labels. 28. LICENSES 28.1 The Vendor is required to possess the correct Business Tax Receipt, professional license, and any other authorizations 16.A.6.e Packet Pg. 408 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 12 necessary to carry out and perform the work required by the project pursuant to all applicable Federal, State and Local Law, Statute, Ordinances, and rules and regulations of any kind. Additionally, copies of the required licenses must be submitted with the proposal response indicating that the entity proposing, as well as the team assigned to the County account, is properly licensed to perform the activities or work included in the contract documents. Failure on the part of any Vendor to submit the required documentation may be grounds to deem Vendor non-responsive. A Vendor, with an office within Collier County is also required to have an occupational license. 28.2 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. 28.3 If you have questions regarding professional licenses contact the Contractor Licensing, Community Development and Environmental Services at (239) 252-2431, 252-2432 or 252-2909. Questions regarding required occupational licenses, please contact the Tax Collector’s Office at (239) 252-2477. 29. SURVIVABILITY 29.1 Bids: The Vendor agrees that any Work Order/Purchase Order that extends beyond the expiration date of Solicitation 18- 7252 Roadway Signs Repair resultant of this solicitation will survive and remain subject to the terms and conditions of that Agreement until the completion or termination of any Work Order/Purchase Order. 30. RELATION OF COUNTY It is the intent of the parties hereto that the Vendor shall be legally considered an independent Vendor, and that neither the Vendor nor their employees shall, under any circumstances, be considered employees or agents of the County, and that the County shall be at no time legally responsible for any negligence on the part of said Vendor, their employees or agents, resulting in either bodily or personal injury or property damage to any individual, firm, or corporation. 31. TERMINATION Should the Vendor be found to have failed to perform services in a manner satisfactory to the County, the County may terminate this Agreement immediately for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of nonperformance. In the event that the award of this solicitation is made by the Procurement Services Director, the award and any resultant purchase orders may be terminated at any time by the County upon thirty (30) days written notice to the awarded vendor(s) pursuant to the Board’s Procurement Ordinance. 32. PUBLIC ENTITY CRIME A person or affiliate who has been placed on the convicted Vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or vendor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted Vendor list. 33. SECURITY AND BACKGROUND CHECKS 33.1 The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four (4) years. 33.2 All of Contractor’s employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor’s business. 33.3 The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL- FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of $500 per incident. 33.4 CCSO requires separate fingerprinting prior to work being performed in any of their locations. This will be coordinated 16.A.6.e Packet Pg. 409 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 13 upon award of the contract. If there are additional fees for this process, the vendor is responsible for all costs. 34. CONFLICT OF INTEREST Vendor shall complete the Conflict of Interest Affidavit included as an attachment to this ITB document. 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. 35. 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, ITB, and/or quotes; and, c. immediate termination of any contract held by the individual and/or firm for cause. 36. DEDUCTION 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. 37. 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. 38. 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. 39. 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. 40. COLLIER COUNTY INFORMATION TECHNOLOGY REQUIREMENTS All vendor access will be done via VPN access only. All access must comply with current published County Manager Agency (CMA) policies. Current policies that apply are CMAs 5402, 5403 and 5405. These policies will be available upon request from the Information Technology Department. All vendors will be required to adhere to IT policies for access to the County network. Vendors are required to notify the County in writing twenty-four (24) hours in advance as to when access to the network is planned. Included in this request must be a detailed work plan with actions that will be taken at the time of access. The County IT Department has developed a Technical Architecture Requirements Document that is required to be filled out and submitted with your bid response. This document can be found on the Collier County Procurement Services Division website: www.colliergov.net/purchasing. On the left hand side of the menu, click on CC Technical Requirements. If this document is not submitted with your bid response, your bid response may be deemed non-responsive. 41. 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 Procurement Services Division 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 16.A.6.e Packet Pg. 410 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB #18-7252 Roadway Signs Repair 14 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. 42. 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. 43. DIRECT MATERIAL PURCHASE 43.1The 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: 43.1.1 Required quantities of material 43.1.2 Specifications relating to goods and/or materials required for job including brand and/or model number or type if applicable 43.1.3 Pricing and availability of goods and/or materials provided under Vendor’s agreements with material suppliers 44. 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. 45. EQUIPMENT Vendor shall have available and in good working condition, the necessary equipment to perform the required service. If required by the County, 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, unless otherwise agreed in writing by the Project Manager. 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, unless otherwise agreed in writing by the Project Manager. The County reserves the right to request and obtain documentation of the Vendor’s cost for time and material projects, and to withhold payments until documentation is provided. All County-purchased equipment must be new and of current manufacture in production at the time of bid opening, and carry industry 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. 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. 16.A.6.e Packet Pg. 411 Attachment: 18-7252 Solicitation (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") ITB 18-7252 – Bid Analysis Roadway Signs Repair I have reviewed the bid and analyzed it for anomalies by comparing it to the engineer’s estimate and the average of the bid price. The Engineer’s Estimate was taken from a Hurricane Irma related sign project. The bids came in lower than anticipated based on the bid process versus hiring a contractor on an emergency basis. Highway Safety Devices was the contractor who performed the hurricane related work and is very familiar with the work that now needs performed. I have verified the bid prices and find minimal risk to the county in awarding the bid. Daniel G Hall, P.E. Principal Project Manager Transportation Engineering Division 16.A.6.f Packet Pg. 412 Attachment: ITB 18-7252 Bid Analysis (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") BUDGET AMENDMENT REQUEST For Budget/Finance Use Only BA# JE # BAR# APH Date 310 Growth Management Trans Cap Fund No.Fund Description (type on line above) Date Prepared:2/13/2018 (Attach Executive Summary) Approved by BCC on:Item No. Expense Budget Detail Fund Center Title:Growth Management Trans Cap Fund Center No.:163670 Funded Program (Project) Title:Asset Management 5-digit Fd Prog #:60037 (only one Fund Center/Funded Program should be entered into this section. If amendment is for Funded Program, must enter Fund Center info) Fund Funded Commit Commitment Item Increase Current Revised Center Program Item Description (Decrease)Budget Budget 163670 60037 764950 Software General (350,000.00) 1,211,529.00 861,529.00 - - Net Change to Budget (350,000.00)$ Expense Budget Detail Fund Center Title:Growth Management Trans Cap Fund Center No.:163670 Funded Program (Project) Title:Hurricane Irma 5-digit Fd Prog #:50154 (only one Fund Center/Funded Program should be entered into this section. If amendment is for Funded Program, must enter Fund Center info) Fund Funded Commit Commitment Item Increase Current Revised Center Program Item Description (Decrease)Budget Budget 163670 50154 763100 Imp General 350,000.00 500,000.00 850,000.00 - - - Net Change to Budget 350,000.00$ EXPLANATION Why are funds needed? (type below) Where are funds available? (type below) Funds are needed to repair and install roadway signs that were damaged or lost during Hurricane Irma. This work will be submitted on an insurance claim for reimbursement. Funds are available in Asset Management project 60037 16.A.6.g Packet Pg. 413 Attachment: BA from 60037 to 50154 (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair") REVIEW PROCESS Cost Center Director*:Date Deputy Dept. Head*:Date Budget Department:Date Agency Manager Date Finance Department:Date Clerk to the Board Admin:Date Inputted by:Date BA number (SAP) If this is uploaded into Novus with an Executive Summary, no signatures are required from the Cost Center Director or Division Administer. If this is uploaded into Novus, please do NOT sent a paper copy of the Budget Amendment to the Office of Management and Budget office, OMB will download all budget amendments from Novus and will process after the BCC meeting. I:\ Forms\ County Forms\ Budget\ Budget Amendment Form.xls (excel format) 16.A.6.g Packet Pg. 414 Attachment: BA from 60037 to 50154 (4773 : Recommendation to award ITB 18-7252 "Roadway Signs Repair")