Agenda 01/08/2013 Item #11A 1/8/2013 Item 11.A.
EXECUTIVE SUMMARY
Recommendation to award Invitation to Bid (ITB) # 12-5981 Roadway Paint,
Thermoplastic Markings and Raised Markers to Traffic Solution, LLC as the primary
vendor and McShea Contracting LLC as the secondary vendor.
OBJECTIVE: To provide roadway paint, thermoplastic markings and related services for all
County Departments on an as needed basis.
CONSIDERATIONS: Notices of the solicitation were sent to 536 firms, 51 companies
requested bid packages and 5 (five) companies submitted bids by the October 25, 2012, deadline.
After review, Traffic Solutions is the lowest overall average bidder, even after taking into
consideration the large differential and trip charges between vendors. Staff is recommending that
ITB # 12-5981 be awarded to Traffic Solutions, LLC as the primary vendor, and McShea
Contracting, LLC as the secondary vendor; with services to be commenced by departments
through the issuance of a County Purchase Order on an as needed basis.
FISCAL IMPACT: Funds for these services shall come from each individual department's
budget as projects are identified and historically the annual amount spent on these services have
been approximately$1,200,000.
GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth
Management Plan, it is consistent with the goals of the County to streamline and expedite the
procurement of services.
LEGAL CONSIDERATIONS: This item has been reviewed and approved by the County
Attorney's Office, is legally sufficient for Board action and only requires a majority vote for
approval—SRT.
RECOMMENDATION: That the Board of County Commissioners award ITB # 12-5981
"Roadway Paint, Thermoplastic Markings and Raised Markers" contract to Traffic Solutions,
LLC as the primary vendor and McShea Contracting, LLC as the secondary vendor. The
contract will be in the form of a County Purchase Order on an as needed basis.
Prepared by: Alexander Blanco, Inspector, Road and Bridge Maintenance
Attachment: 1) Bid Tabulation; 2) Roadway Paint Thermoplastic Markings Solicitation
Packet Page -815-
1/8/2013 Item 11 .A.
COLLIER COUNTY
Board of County Commissioners
Item Number: 11.A.
Item Summary: Recommendation to award Invitation to Bid (ITB) 12-5981 Roadway
Paint, Thermoplastic Markings and Raised Markers to Traffic Solution, LLC as the primary
vendor and McShea Contracting LLC as the secondary vendor. (Travis Gossard, Superintendent,
Road and Bridge Maintenance, GMD)
Meeting Date: 1/8/2013
Prepared By
Name: LynchDiane
Title: Administrative Assistant
12/10/2012 12:24:49 PM
Approved By
Name: GossardTravis
Title: Superintedent-Roads&Bridges,Transportation Eng
Date: 12/12/2012 2:15:23 PM
Name:NauthRookmin
Title: Management/Budget Analyst,Transportation Administr
Date: 12/12/2012 2:50:41 PM
Name: BlancoAlexander
Title: Inspector,Transportation Engineering&Constructio
Date: 12/13/2012 7:15:46 AM
Name: VlietJohn
Title: Director-Road Maintenance,Transportation Enginee
Date: 12/13/2012 10:50:41 AM
Name: BrilhartBrenda
Title:Purchasing Agent,Purchasing&General Services
Date: 12/13/2012 11:04:19 AM
Name: LynchDiane
Title: Administrative Assistant
Packet Page-816-
1/8/2013 Item 11 .A.
Date: 12/13/2012 4:44:56 PM
Name: ShueGene
Date: 12/14/2012 5:47:43 PM
Name: MarkiewiczJoanne
Title: Manager-Purchasing Acquisition,Purchasing&Gene
Date: 12/15/2012 8:51:19 PM
Name: WardKelsey
Title: Manager-Contracts Administration,Purchasing& Ge
Date: 12/17/2012 4:30:51 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 12/19/2012 3:27:09 PM
Name: TeachScott
Title: Deputy County Attorney,County Attorney
Date: 12/21/2012 6:11:01 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/21/2012 2:53:41 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 12/26/2012 9:59:59 AM
Name: OchsLeo
Title: County Manager
Date: 12/31/2012 8:57:51 AM
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Packet Page-817-
1/8/2013 Item 11.A.
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Packet Page-819-
1/8/2013 Item 11.A.
Cotr' County
Adninistrative Setvioes Division
Purchasing
INVITATION TO BID
Date: September 26, 2012
From: Brenda Brilhart, Procurement Strategist
(239) 252-8446 (Telephone)
(239) 252-6697 (FAX)
BrendaBrilhart@colliergov.net (Email)
To: Prospective Vendors
Subject: ITB 12-5981 - "Roadway Paint, Thermoplastic Markings & Raised
Markers"
As requested by the Growth Management Division, 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 E-Procurement 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: Alex Blanco, Project Manager
tt.1o4,
ot
Purchasing Depart1nt•3327 Tamiami Trail East•Naples,Florida 34112-4901•www.colliergov.net/purchasing
#12-5981 Roadway Paint Packet Page-820-
1/8/2013 Item 11 .A.
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 11
Exhibit IV: Additional ITB Terms and Conditions 14
Attachment 1: Vendor Submittal -Vendor's Non-Response Statement 20
Attachment 2: Vendor's Check List 21
Attachment 3: Vendor Submittal - Bid Response Form 22
Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit 24
Attachment 5: Vendor Submittal— Immigration Affidavit 25
Attachment 6: Vendor Substitute W—9 26
Attachment 7: Vendor Submittal - Insurance and Bonding Requirements 27
Exhibit A—Specifications
Exhibit B— Performance and Payment Bonds
#12-5981 Roadway Paint Packet Page-821- 2
1/8/2013 Item 11 .A.
Public Notice
Sealed bid responses for Solicitation ITB 12-5981 - "Roadway Paint, Thermoplastic
Markings & Raised Markers", will be received electronically on www.colliergov.net or manually
only at the Collier County Government, Purchasing Department, 3327 Tamiami Trail E, Naples,
FL 34112 until 2:30 p.m. Collier County local time on October 17, 2012. Solicitation responses
received after the stated time and date will not be accepted.
ITB 12-5981 -"Roadway Paint, Thermoplastic Markings & Raised Markers"
A pre-bid conference will not be held for this solicitation. All questions regarding this ITB must
be submitted online on the Collier County Purchasing Department E-Procurement website:
www.collieraov.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 forms included and only
available for download from the Collier County Purchasing Department E-Procurement 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
Interim Purchasing/General Services Director
Publicly posted in the lobby of the Purchasing Building and on the Collier County Purchasing
Department website: www.collieroov.net/purchasinq on September 26, 2012.
#12-5981 Roadway Paint Packet Page-822- 3
1/8/2013 Item 11.A.
Exhibit I: Scope of Work, Specifications and Response Format
As requested by the Collier County .Growth Management Division (hereinafter, the "Division or -`
Department"), the Collier County Board of County Commissioners Purchasing Department
(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 herein.
Brief Description of Purchase: To provide roadway and pavement markings supplies and services
to the Growth Management Division. The contract may be used by all County departments and an
anticipated annual spend of$1.2 million.
Bid Pricing Shall Be Inclusive of All Costs: Payment shall be full compensation for all services,
labor, tools, equipment and any other items required for project completion and/or completion of
services.
Detailed specifications -See Exhibit A
Format — This is an electronic bid — please submit unit prices on the County's web on-line
bidding web site.
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: lowest, responsive and qualified total base bid.
• Collier County reserves the right to select one, or more than one suppliers, however, it is the
intent to select primary/secondary vendors. If the Primary vendor cannot complete the project
in the timeframe specified by the County's Project Manager, then the Secondary vendor will be
utilized.
• All line items must be bid for a bidder to be considered for award.
• The contract will be in the form of a standard County Purchase Order.
Term of Contract
The contract term, if an award(s) is/are made is intended to be for one (1) with three one (1) year
renewal options. Prices shall remain firm for the initial term of this contract. Requests for
consideration of a price adjustment must be made on the contract anniversary date, in writing, to
#12-5981 Roadway Paint Packet Page-823- 4
1/8/2013 Item 11.A.
the Purchasing Director. Price adjustments are dependent upon 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 9/26/12
Last Date for Receipt of Written Questions 5:00 pm 10/10/12
Pre Bid Meeting N/A
Addendum Issued By 10/12/12
Solicitation Deadline Date and Time 2:30 pm 10/17/12
Anticipated Evaluation of Submittals Week of 10/22/12
Anticipated Board of County Commissioner's Approval Date November 2012
Vendor Required Documents
• Attachment 1: Vendor's Non Response Statement
• Attachment 2: Vendor's Check List
• Attachment 3: Vendor Bid Response Form
• Attachment 4: Local Vendor Preference
• Attachment 4: Immigration Law Affidavit
• Attachment 5: Vendor Substitute W-9
• Attachment 6: Insurance and Bonding Requirement
#12-5981 Roadway Paint Packet Page-824- 5
1/8/2013 Item 11 .A.
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
1, 2, 3, 4, and 5 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.
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)
#12-5981 Roadway Paint Packet Page-825- 6
1/8/2013 Item 11.A.
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 E-Procurement website: www.collieraov.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 e-
procurement website: www.colliergov.net/bid. All paper bids shall be submitted to the County
Purchasing Director, Collier County Government, Purchasing Department, 3327 Tamiami Trail E,
Naples, FL 34112, by the date and time as stated in the Legal Notice. The County assumes no
responsibility for bid responses received after the due date and time, or at any office or location
other than that specified herein, whether due to mail delays, courier mistakes, mishandling,
inclement weather or any other reason. Late bid responses shall be returned unopened, and shall
not be considered for award.
Vendors must submit bid on line www.colliergov.net/bid. List the Solicitation Number and Title
on the outside of the box or envelope. All bids sent by courier service must have the bid number
and title on the outside of the courier packet. Vendors who wish to receive copies of bids after
the bid opening may view and download same from the Collier County Purchasing Department
Internet bid site.
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 E-Procurement website. For general questions, please call the referenced
Procurement Strategist identified in the Public Notice.
#12-5981 Roadway Paint Packet Page-826- 7
1/8/2013 Item 11.A.
10. Protests
Any actual or prospective respondent to an Invitation to Bid, who has a serious and legitimate
issue with the ITB shall file a written protest with the Purchasing Director prior to the opening of
the bid or the due date for acceptance of bid. All such protests must be filed with the Purchasing
Director no later than 11:00 a.m. Collier County time on the advertised date for the opening of the
bid or the acceptance date for the Request for Proposals.
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 87-25, and Collier County Resolution Number
2008-181 establishing and adopting the Collier County Purchasing Policy. The Collier County
Board of County Commissioners has adopted a Local Preference "Right to Match" policy to
enhance the opportunities of local businesses to receive awards of Collier County purchases.
A "local business" is defined as a business that has a valid Business Tax Receipt, formerly known
as an Occupational License issued by either Collier or Lee County for a minimum of one (1) year
prior to a Collier County quote or proposal submission that authorizes the business to provide the
commodities or services to be purchased, and a physical business address located within the
limits of Collier or Lee Counties from which the vendor operates or performs business. 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 either Collier or Lee County 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 either Collier or Lee County's
tax base, and residency of employees and principals of the business within Collier or Lee County.
Vendors shall affirm in writing their compliance with the foregoing at the time of submitting their
quote or proposal to be eligible for consideration as a "local business" under this section.
When a qualified and responsive non-local business submits the lowest price quote, and the quote
submitted by one or more qualified and responsive local businesses is within ten percent (10%) of
the price submitted by the non-local business, then the local business with the apparent lowest
quote offer (i.e. the lowest local vendor) shall have the opportunity to submit an offer to match the
price(s) offered by the overall lowest, qualified and responsive vendor. In such instances, staff
shall first verify if the lowest non-local vendor and the lowest local vendor are in fact qualified and
responsive vendors.
Next, the Purchasing Department shall determine if the lowest local vendor meets the
requirements of Section 287.087 F.S. If the lowest local vendor meets the requirements of
287.087, F.S., the Purchasing Department shall invite the lowest local vendor to submit a
matching offer to the Purchasing Department which shall be submitted within five (5) business
days thereafter. If the lowest local vendor submits an offer that fully matches the lowest quote from
the lowest non-local vendor tendered previously, then award shall be made to the local vendor. If
#12-5981 Roadway Paint Packet Page-827- 8
1/8/2013 Item 11 .A.
the lowest local vendor declines or is unable to match the lowest non local quote price(s), then
award will be made to the lowest overall qualified and responsive vendor. If the lowest local
vendor does not meet the requirement of Section 287.087 F.S. and the lowest non-local vendor
does, award will be made to the vendor that meets the requirements of the referenced state law.
Vendor must complete and submit with its quote response the Affidavit for Claiming Status as a
Local Business which is included as part of this solicitation. Failure on the part of a Vendor to
submit this Affidavit with their quote response will preclude said Vendor from being
considered for local preference under this solicitation. A Vendor who misrepresents the
Local Preference status of its firm in a quote 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 any of the competing vendors
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
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
Bidder does not comply with providing both the acceptable E-Verify evidence and the
executed affidavit the bidder'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. For additional
information regarding the Employment Eligibility Verification System (E-Verify) program visit the
following website: http://www.dhs.gov/E-Verifv. 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, at 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
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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 (FL Statute 607.1501)
In order to be considered for award, firms submitting a response to this solicitation shall be
required to provide a certificate of authority from the Florida Department of State Divisions of
Corporations in accordance with the requirements of Florida Statute 607.1501
(www.sunbiz.oro/search.html). A copy of the document shall 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. Awards
pertaining to the Collier County Airport Authority will generally be made by that agency's approval
Board. 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.
Any actual or prospective respondent who desires to formally protest the recommended contract
award must file a notice of intent to protest with the Purchasing 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 Purchasing 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. Use of Subcontractors
Bidders on any service related project, including construction, must be qualified and directly
responsible for 51% or more of the solicitation amount for said work.
5. 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. If assigned project is not completed within the
timeframe specified by the County's Project Manager, a 5% reduction off total invoice will be
withheld by the County as penalty for lateness.
6. 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.
7. 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.
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8. 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.
9. 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.
10. 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.
11. 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.
12. 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
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• Description and quantities of the goods or services provided per instructions on the County's
purchase order or contract.
sow
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(Dcollierclerk.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 shall 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 shall 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 must 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
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.
13. Survivability
Purchase Orders: The Consultant/ContractorNendor agrees that any Purchase Order that
extends beyond the expiration date of the original Solicitation 12-5981 will survive and remain
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subject to the terms and conditions of that Agreement until the completion or termination of this
Purchase Order.
14. 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
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
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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. Security and Background Checks
If required, Vendor shall be responsible for the costs of providing background checks by the
Collier County Facilities Management Department, and drug testing 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.
16. 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.
17. 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.
18. 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
#12-5981 Roadway Paint Packet Page-837- 18
1/8/2013 Item 11.A.
"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
19. 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.
20. Equipment
Vendor shall have available and in good working condition, the necessary equipment to perform
the required service. Collier County reserves the right to inspect all equipment at any time for
safety and functionality to assure compliance with all safety regulations.
21. Substitute Performance
In the event the Contractor fails to perform any required service within the time schedule under the
subsequent contract, the County reserves the right to obtain substitute performance. Further, the
County reserves the right to deduct the cost of such substitute performance from the Contractor's
payments. The Contractor may be exempt from this provision if such exemption is granted by the
Contract Manager or their designee, in writing, prior to any delays or as a result of an Act of
Nature.
#12-5981 Roadway Paint Packet Page-838- 19
1/8/2013 Item 11 .A.
Co ier County
Admix Services D
Purchasing
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: ITB 12-5981 - "Roadway Paint, Thermoplastic Markings & Raised Markers"
❑ Services requested not available through our company.
❑ Our firm could not meet specifications/scope of work.
❑ 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 Aostik
Type Name of Signature Date:
#12-5981 Roadway Paint Packet Page-839- 20
1/8/2013 Item 11 .A.
Cofer County
ty
Administrative Services Division
Purchasing
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:
Purchasing Director
Collier County Government
Purchasing Department
3327 Tamiami Trail E
Naples FL 34112
The mailing envelope must be sealed and marked with:
ITB 12-5981 -"Roadway Paint, Thermoplastic Markings & Raised Markers"
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.)
ALL COURIER DELIVERED BIDS MUST HAVE THE BID NUMBER AND TITLE ON THE OUTSIDE
OF THE COURIER PACKET.
Company Name
Signature & Title
Date
#12-5981 Roadway Paint Packet Page-840- 21
1/8/2013 Item 11.A.
Co Tier Cry
Administrative ser ces ran
Purchasing
Attachment 3: Vendor Submittal - Bid Response Form
FROM:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: Solicitation: ITB 12-5981 -"Roadway Paint, Thermoplastic Markings & 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 Asik
respects fair and in good faith, without collusion or fraud.
The Vendor proposes and agrees if this Bid is accepted, to contract, either by a County issued
purchase order or formal contract, to comply with the requirements in full in accordance with the
terms, conditions and specifications denoted herein, according to the following unit prices:
*** 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. Form is provided in separate file. Please input your prices
online as per instructions.
#12-5981 Roadway Paint Packet Page-841- 22
1/8/2013 Item 11.A.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this day of
, 2012 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
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
#12-5981 Roadway Paint Packet Page-842- 23
1/8/2013 Item 11 .A.
Co Vier County
Adrrinistrative Servers Division
Purchasing
Attachment 4: Vendor Submittal— Local Vendor Preference Affidavit
Solicitation: ITB 12-5981 -"Roadway Paint, Thermoplastic Markings & 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;
A "local business" is defined as a business that has a valid occupational license issued by either Collier or Lee
County for a minimum of one (1) year prior to a Collier County bid or proposal submission that authorizes the
business to provide the commodities or services to be purchased, and a physical business address located
within the limits of Collier or Lee Counties from which the vendor operates or performs business. 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 either Collier or Lee County 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 either Collier or Lee County's tax base, and residency of employees and principals of the business
within Collier or Lee 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.
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)
#12-5981 Roadway Paint Packet Page-843- 24
1/8/2013 Item 11.A.
C er Conty
AdrrinisbativeSenrces Division
Purchasing
Attachment 5:Vendor Submittal—Immigration Affidavit
Solicitation: ITB 12-5981 -"Roadway Paint, Thermoplastic Markings & 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, 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 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
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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Coder County
Admmrasss1i a Services Division
Purchasing
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
#12-5981 Roadway Paint 26
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C Camay
Administrative Services Division
Purchasing
Attachment 7: Vendor Submittal -Insurance and Bonding Requirements
Insurance/Bond Type Required Limits
1. ® Worker's Statutory Limits of Florida Statutes, Chapter 440 and all Federal
Compensation Government Statutory Limits and Requirements
2. /1 Employer's Liability $1.000,000 single limit per occurrence
3. ® Commercial Bodily Injury and Property Damage
General Liability
(Occurrence Form) $1.000. 000 single limit per occurrence, $2,000,000 aggregate for
patterned after the Bodily Injury Liability and Property Damage Liability. This shall include
current ISO form 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 ContractorNendor/Consultant or
anyone employed or utilized by the ContractorNendor/Consultant in the
performance of this Agreement. This indemnification obligation shall not
be construed to negate, abridge or reduce any other rights or remedies
which otherwise may be available to an indemnified party or person
described in this paragraph. This section does not pertain to any
incident arising from the sole negligence of Collier County.
4. ® Automobile Liability $ 1.000.000 Each Occurrence; Bodily Injury & Property Damage,
Owned/Non-owned/Hired; Automobile Included
5. ❑ Other insurance as ❑ Watercraft $ Per
noted: Occurrence
❑ 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
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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.
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
Vendor Signature Date
Print Name
Insurance Agency
Agent Name Telephone Number
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Exhibit A - SPECIFICATIONS
These specifications are intended to provide the information by which prospective bidders
may understand the requirements of Collier County pertaining to the work to be done for
providing roadway markings with paint or thermoplastic and providing and installing raised
pavement markers. All work under this contract shall be governed by the following
documents:
• FHWA Manual on Uniform Traffic Control Devices, most current edition
(MUTCD).
• FDOT Standard Specifications for Road & Bridge Construction, most current
edition, and all Supplements thereto (Standard Specifications).
• FDOT Roadway and Traffic Design Standards, most current edition
(Standard index).
• Collier County's Maintenance of Traffic (MOT) Policy.
NOTE: Some work, as directed by the County, will need to be performed at night or on
weekends due to lane closure prohibitions on major collectors or arterials. Any lane closure
shall be approved by the Transportation Department prior to commencing work. A
differential for night/weekend work shall be paid as a percentage of the normal bid cost for
each item.
ROADWAY PAINTING
A. Scope of Work
The work consists of painting reflectorized traffic stripes, messages, and symbols,
including edge lines to upgrade existing traffic markings or initial painting
applications on roads, parking lots and other striping projects in accordance with
Section 710 and subsequent sections of the current Florida Department of
Transportation Standard Specifications for Road and Bridge Construction. work
completion dates to be specified by the County.
B. Materials
1. Traffic Paint: The paint used for this work shall conform to the requirements of
971-12, or at the contractor's option, fast dry traffic paint as specified in 971-13
may be used.
2. Glass spheres (for reflective traffic paint): Glass spheres shall conform to the
requirements of 971-14.
THERMOPLASTIC
The work under this section consists of placing traffic stripes and markings by method
of extrusion for upgrading existing markings and/or initial thermoplastic applications on
roads, parking lots and other striping projects in accordance with Section 711 of the
current Florida Department of Transportation Standard Specifications for Road and
Bridge Construction. Work completion dates to be specified by the County.
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REMOVAL OF PAINT OR THERMOPLASTIC MARKINGS
The Contractor is to provide 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
County's Project Manager. The Contractor shall take steps necessary to capture all
removed material and to dispose of it in a manner approved by the County. Work
completion dates to be specified by the County.
RAISED PAVEMENT MARKERS (RPMs)
The work shall consist of providing 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. Project completion dates to be specified by the County.
SAFETY
The Contractor shall at all times provide for the safe, efficient flow of traffic and the
safe working conditions of persons performing such work in accordance with the
MUTCD and the Standard Specifications. The Contractor shall comply with the
requirements of Collier County's Maintenance of Traffic (MOT) Policy, copies of which
are available through the Risk Management or Purchasing Department. The
Contractor shall obtain and review the County's MOT Policy requirements prior to
submitting a bid.
• The Contractor 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 MOT policy will be enforced under this Contract.
• To assist in employee visibility, approved bright, clean day-glow red/orange colored
safety vests shall be worn by employees when on the job site.
• A directional lighted and flashing arrow board will be required under this Contract
that meets the traffic control requirements.
TRIP CHARGE
• Special Trip Charge is applicable for an individual internal project work order under
$1,500.00. This charge is only permitted in cases where a minor project is assigned
and not part of a comprehensive project list.
#12-5981 Roadway Paint 30
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EXHIBIT B 1: PUBLIC PAYMENT BOND
Roadway Patnt, Thermoplastic Markings & Raised Markers
Bond No.
Contract No. 12-5981
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
, as Surety,
located at (Business
Address) are held and firmly bound to as Obligee in the
sum of ($ ) for the
payment whereof we bind ourselves, our heirs, executors, personal representatives, successors
and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 , with Obligee for in
accordance with drawings and specifications, which contract is
incorporated by reference and made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Promptly makes payment to all claimants as defined in Section 255.05(1), Florida Statutes,
supplying Principal with labor, materials or supplies, used directly or indirectly by Principal in the
prosecution of the work provided for in the Contract, then this bond is void; otherwise it remains
in full force.
Any changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The provisions of this bond are subject to the time limitations of Section 255.05(2). In no event
will the Surety be liable in the aggregate to claimants for more than the penal sum of this
Payment Bond, regardless of the number of suits that may be filed by claimants.
IN WITNESS WHEREOF, the above parties have executed this instrument this day of
20 , the name of each party being affixed and these presents duly
signed by its under-signed representative, pursuant to authority of its governing body.
#12-5981 Roadway Paint 31
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Signed, sealed and delivered
in the presence of:
PRINCIPAL
BY:
Witnesses as to Principal NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of 20_,
by , as of
, a corporation, on behalf of the
corporation. He/she is personally known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature of Notary)
NAME:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of
Commission No.:
ATTEST: SURETY:
(Printed Name)
(Business Address
(Authorized Signature)
Witnesses to Surety (Printed Name)
Amok
#12-5981 Roadway Paint 32
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OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 20 , by , as
of Surety, on
behalf of Surety. He/She is personally known to me OR has produced
as identification and who did (did not) take an
oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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EXHIBIT B 2: PUBLIC PERFORMANCE BOND
Roadway Paint, Thermoplastic Markings & Raised Markers
Bond No.
Contract No. 12-5981
KNOW ALL MEN BY THESE PRESENTS: That
, as Principal, and
as Surety, located at
(Business Address) are held and firmly bound to
, as Obligee in the sum of
($ ) for the payment whereof we bond ourselves, our heirs, executors,
personal representatives, successors and assigns, jointly and severally.
WHEREAS, Principal has entered into a contract dated as of the day of
20 with Obligee for
in
accordance with drawings and specifications, which contract is incorporated by reference and
made a part hereof, and is referred to herein as the Contract.
THE CONDITION OF THIS BOND is that if Principal:
Allow
1. Performs the Contract at the times and in the manner prescribed in the Contract; and
2. Pays Obligee any and all losses, damages, costs and attorneys' fees that Obligee
sustains because of any default by Principal under the Contract, including, but not limited to, all
delay damages, whether liquidated or actual, incurred by Obligee; and
3. Performs the guarantee of all work and materials furnished under the Contract for the
time specified in the Contract, then this bond is void; otherwise it remains in full force. Any
changes in or under the Contract and compliance or noncompliance with any formalities
connected with the Contract or the changes do not affect Sureties obligation under this Bond.
The Surety, for value received, hereby stipulates and agrees that no changes, extensions of
time, alterations or additions to the terms of the Contract or other work to be performed
hereunder, or the specifications referred to therein shall in anywise affect its obligations under
this bond, and it does hereby waive notice of any such changes, extensions of time, alterations
or additions to the terms of the Contract or to work or to the specifications.
This instrument shall be construed in all respects as a common law bond. It is expressly
understood that the time provisions and statute of limitations under Section 255.05, Florida
Statutes, shall not apply to this bond.
In no event will the Surety be liable in the aggregate to Obligee for more than the penal sum of
this Performance Bond regardless of the number of suits that may be filed by Obligee.
#12-5981 Roadway Paint 34
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IN WITNESS WHEREOF, the above parties have executed this instrument this day of
, 20 , the name of each party being affixed and these presents duly
signed by its undersigned representative, pursuant to authority of its governing body.
Signed, sealed and delivered
in the presence of: PRINCIPAL
BY:
Witnesses as to Principal
NAME:
ITS:
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 , by , as
of , a
corporation, on behalf of the corporation. He/she is personally
known to me OR has produced as
identification and did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
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ATTEST: SURETY:
(Printed Name)
(Business Address)
(Authorized Signature)
Witnesses as to Surety (Printed Name)
OR
As Attorney in Fact
(Attach Power of Attorney)
Witnesses (Printed Name)
(Business Address)
(Telephone Number)
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of , 20 , by
, as of , a
Surety, on behalf of Surety. He/She is personally known to me OR has
produced as identification and who did (did not) take an oath.
My Commission Expires:
(Signature)
Name:
(Legibly Printed)
(AFFIX OFFICIAL SEAL) Notary Public, State of:
Commission No.:
#12-5981 Roadway Paint Packet Page-855- 36