IFB.docx

POLK COUNTY PROCUREMENT DIVISION

IFB NO:

291-2324

BID TITLE: INSTALLATION OF SAFETY PADS - POLK COUNTY JAIL

INITIATED BY

POLK COUNTY JAIL/GENERAL SERVICES

IFB NO: 291-2324

IFB TITLE: INSTALLATION OF SAFETY PADS – POLK COUNTY JAIL

TABLE OF CONTENTS

Section Page

Table of Content…………………………………………………………………………….2 Part I - IFB Information…………………………………………………………………….3 Part II – IFB Terms and Conditions………………………………………………………...7 Part III – Information to Bidders…………………………………………………………….11 Signature Page…………………………………………………………………………… Attachment A - Insurance Requirements Attachment B - Contracts and Declarations Attachment C – Room Drawing

IFB NO: 291-2324

IFB TITLE: INSTALLATION OF SAFETY PADS – POLK COUNTY JAIL

PART I

IFB INFORMATION

1.1 Purpose

A. This Invitation for Bid (IFB) provides detailed instructions for contractors interested in meeting the requirements of this proposal. It contains the specifications for the services to be provided and the terms and conditions.

B. The purpose of this IFB is to provide an opportunity for competitive responses from businesses engaged in professional installation of room safety pads.

1.2 Pre-Award Pre-Bid Meeting

There will not be a pre-bid/pre-award meeting for this project.

1.3 Inquiries

Inquiries concerning this IFB must be submitted via BidNet Direct.

A. In all cases, no verbal communication shall override written communication or the contents of this IFB.

B. Questions can be submitted via the posting on BidNet Direct until 12:00 p.m. CST on Monday, October 13th. Polk County will respond on the BidNet Direct posting which will be publish as addendums by 4:00 p.m. CST on Friday, October 17th

1.4 Receipt of Proposals

A. Proposals will be allowed until 2:00 p.m. CST on Thursday, October 26th; after which, the response platform on BidNet Direct will be closed and cannot be reopened.

B. Proposals must be submitted via BidNet Direct at:

https://www.bidnetdirect.com/iowa/polkcounty

1.5 Filing of Proposals

Electronic Submittals will be accepted only via BidNetDirect.com until 2:00 p.m. CST on Thursday, October 26th. At one (1) minute after due date and time, the IFB posting will be closed and moved to the "Closed Bids" tab on the Polk County BidNet page. This cannot be reopened. The Polk County Procurement Division accepts no responsibility for delays in the receipt of your proposal for any reason. If the office determines that it is in the best interest of the county to extend a due date, an addendum will be posted to the IFB on BidNet.com and the request will be re-posted.

1.6 Official Clock

The official clock is the date/time on BidNet Direct.com

1.7 Delay in Receipt of Proposal

Polk County Procurement Division, accepts no responsibility for delays in the receipt of your proposal. The responsibility for timely proposal delivery rests with the Contractor.

1.8 Proposal Opening

Proposals will be reviewed and evaluated by Polk County General Services, and other Polk County invited staff if requested by General Services. Award will be offered to lowest cost, responsive, responsible contractor.

1.9 Rejection of Proposals

The Polk County Procurement Division, Polk County General Services, and the Polk County Board of Supervisors reserve the right to reject any or all proposals in whole or in part, to waive irregularities, and to accept proposals which appear to be in the best interest of Polk County. Polk County will not pay for any information herein requested, nor is it liable for any costs incurred by the Offeror.

1.10 Failure to Comply

Failure to supply information requested to accompany proposals may be cause for rejection of the proposal as noncompliant. The Procurement Supervisor reserves the right to request additional information if clarification is needed. Both the request and the response shall be in writing.

1.11 Proposal In Force

All proposals shall be firm for a period of ninety (90) days to allow the evaluation of all proposals and to make an award deemed in the best interest of Polk County.

1.12 Disclosure of Proposal Content

The laws of Iowa require that all proposals be placed in the public domain and be open to inspection by interested parties. Trade secrets or proprietary information that are recognized as such and protected by law may be withheld if clearly identified as such in the proposal. The entire proposal cannot be designated as proprietary or trade secret. If a request is received to examine portions designated as proprietary or a trade secret, the county will notify the Contractor to permit the Contractor to defend the proprietary nature of the information.

1.13 Gratuities and Gift Law

The laws of Iowa provide that it is a felony to offer, promise, or give anything of value or benefit to a county employee with the intent to influence that employee's acts, opinion, judgment or exercise of discretion with respect to that employee's duties. Evidence of violations of this statute will be turned over to the County Attorney's Office. Refer to Iowa Code 68B.22

1.14 Reporting of Anticompetitive Practices

When for any reason collusion or other anticompetitive practices are suspected among any Firms or offerers, the Procurement Division shall prepare a notice of the relevant facts which shall be transmitted to the Director of Human Resources for review and possible involvement of the Office of the County Attorney.

1.15 Award

Polk County reserves the right to not necessarily award to the respondent with the best qualifications nor the lowest cost but to the Contractor which will provide the best match to the requirements of this IFB. Once the contractor is selected, the Procurement Division will send an “Intent to Award” letter to the contractor being recommended for award and a notification to the contractors not selected, at least three days prior to the recommendation being presented to the Polk County Board of Supervisors for approval. Final approval is at the discretion of the Polk County Board of Supervisors

1.16 Conflict Between Terms

Polk County reserves the right to accept or reject any exception taken by the contractor to the terms and conditions of this request for proposal.

1.17 Polk County Board of Supervisors Policy Statement

It shall be the purchasing policy of Polk County to allow the Polk County Board of Supervisors the discretion of showing preference in purchasing goods and services from contractors who produce goods or maintain an office in Polk County. Preference may also be given to goods produced in Iowa or to contractors maintaining an office in Iowa. Further, it shall be the policy of Polk County to actively solicit and seek out local contractors of goods and services and to encourage said contractors to stock and supply Polk County and Iowa-made products.

1.18 Bid Security

The Bidding Documents must be accompanied by a bid security as a separate document by a Bid Bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the amount of five (5) percent of the total bid. The form of Bid Bond shall be the Iowa Department of Transportation’s Form 131084, “Proposal Guaranty/Bid Bond” or equivalent. Bid Security shall be made payable to “Polk County.” The Bid Security must not contain any conditions either in the body or as an endorsement thereon. The Bid Security shall be forfeited to Polk County as liquidated damages in the event the successful bidder fails or refuses to enter into a contract within ten (10) days after the award of Contract and post bond satisfactory to Polk County insuring the faithful fulfillment of the contract and the construction of said work. The Bid Security shall be endorsed as follows:

BID SECURITY

2023-24 DUCT WORK 1914 CARPENTER AVE DES MOINES, IA SOBERING CENTER

BID #290-2324

1.19 Proposal Expenses

Expenses incurred in preparation of the proposal responses, conference attendance, site visits, or any other reason or function for the Contractor to respond to this IFB shall be the responsibility of the Contractor.

IFB TITLE: INSTALLATION OF SAFETY PADS – POLK COUNTY JAIL

PART II

IFB TERMS AND CONDITIONS

2.1 Termination

A. Polk County may terminate this agreement with or without cause by giving thirty

(30) Day written notice. Please see Contracts and Declarations page (attachment B) for specifics B. The Contractor will be paid for equipment provided and services completed.

2.2 Changes

Changes in provisions or services to be furnished under this proposal may be made only in writing and must be approved mutually by the Contractor, the Treasurer, and the Polk County Procurement Supervisor.

2.3 Immunity From Liability

Every party to this proposal is hereby notified and agrees that the Owner, and any funding source for the Owner are immune from liability and suit for or from Contractor’s activities involving third parties and arising from this proposal.

2.4 Taxes – State and Local

Polk County is exempt from federal, state, and local sales and use tax on services pursuant to this agreement.

2.5 Waiver of Informalities

Polk County reserves the right to waive any and all informalities in proposals if such waiver does not substantially change the offer or provide a competitive advantage to any Offeror.

2.6 Remedies Upon Default

In any case where the supplier has failed to deliver or has delivered nonconforming goods or services, the Procurement Division or associated County Department shall provide a cure notice. If after notice, the supplier continues to be in default, the Procurement Division may procure services in substitution from another source and charge the difference between the contracted price and the market price to the defaulting Contractor.

2.7 Discrimination and Affirmative Action

Contractor shall comply with the provisions of federal, state, and local laws and regulations to ensure that no employee or applicant for employment is discriminated against because of race, religion, color, sex, age, sexual orientation, gender identity, national origin, creed, genetic information, disability, veteran or military service. Contractor shall have an affirmative action plan and shall provide the county with reports required to ensure compliance with equal employment legislation and regulations if requested. Contractor shall insure that all authorized sub-contractors comply with the provisions of this clause. A copy of the service provider’s “Affirmative Action Plan” must be made available to Polk County upon request.

2.8 Assignment

The Contractor may not assign contracts or purchase orders to any party (Including financial institutions) without written permission of the Procurement Division. Please provide a list of current subcontractors that will be involved in Polk County business.

2.9 Indemnification

The Contractor shall indemnify, defend and hold harmless Polk County, its Board of Supervisors, Elected Officials, Employees, Agents and their Assigns from any and all claims and judgments for injuries or damages claimed to be received or sustained by any person(s), or property arising from any negligence, default, or mismanagement or omission of the Contractor or any of the Contractor’s subcontractor(s), agents or employees in the performance of any of the Contractors duties imposed by this contract, or by law. If any litigation on account of such claims or judgments are brought against Polk County, Board of Supervisors, Elected Officials, Employees, Agents, or Assigns, the Contractor, upon notice thereof from Polk County, the Contractor shall defend the same at their cost and expense.

2.10 The Resulting Contract(s)

All parts of the Request for Proposal, the contents of the service provider’s proposal response, the pre-bid Part II IFB Terms and Conditions, and any clarification thereto submitted by the successful Offeror shall become part of the contractual obligation and incorporated by reference into the ensuing contract document (Attachment B).

2.11 Discrimination and Affirmative Action

2.12 Contract Performance Clause

There may be unannounced service quality evaluations during the contract period.

2.13 Subcontractors

Successful contractors shall be responsible for all acts and performance of any subcontractor or secondary suppliers that the successful contractor may engage for the completion of the terms of this bid. A delay that results from a subcontractor's conduct, negligence, or failure to perform shall not exempt the contractor from default remedies. Successful contractor shall be responsible for payment to all subcontractors or secondary suppliers.

2.14 Protest Process

A. The procuring agency must make every effort to make award recommendations in a fair, open, ethical, and transparent manner. In the event that a contractor feels that an “Intent to Award” has been made unfairly or improperly, the contractor has the right to protest that “Intent to Award” within three (3) days of receiving the notification of award. If a protest has been filed before the opening of bids (pre-bid protest must be submitted at least 48 business hours prior to bid opening), the procurement administrator should not open bids prior to the resolution of the protest, unless the Procurement Division has given approval to open the bids on the basis of an emergency situation.

B. Formal protests must be submitted in writing to the procurement supervisor. The procurement supervisor will meet with the staff administering the procurement and all evaluation team members and respond in writing with a formal decision which will include explanation of how the decision was derived. If the protest is approved, the Procurement Division will notify all contractors and may issue an addendum to the original bid, extend the due date, terminate the bid and re-issue, eliminate any or all respondents based on a “Non-Responsive” and/or “Non-Responsible” determination, and/or change the “Intent to Award” to a different respondent based on the findings of the protest investigation. The decision of the procurement supervisor is final.

2.15 Project Period

The project period will begin as soon as the project is awarded through completion of the installation, all necessary work, and final acceptance by the Polk County Jail (unless terminated earlier by either party, providing a thirty (30) day written notice). See Attachment B for County Contracts and Declarations.

PART III

INFORMATION TO BIDDERS

3.1 Project Dates

The following dates represent the proposed project schedule. If it becomes necessary to change the schedule, all known contractors will be notified via an addendum to the bid posting on BidNet Direct A. Publication Date: Des Moines Register – Thursday, September 28th B. Bid/Proposal Due: Thursday, October 26th, 2023 at 2PM CST C. Award Date: ASAP D. Project Start Date: TBD E. Estimated Project Completion Date: No later than July 1, 2024

3.2 Purpose

Provide all labor and material required to furnish and install protective padding (walls, floors, interior side of doors and frames and ceilings) in safety cells, seclusion rooms and time-out rooms as indicated in drawing (Attachment C) and specified herein.

3.3 Specifications/Scope of Work

Contractor Requirements:

Because of the special nature of work specified within this section, persons, firms or corporations desiring to bid on this section shall meet the following:

· A minimum of five (5) years’ experience in the fabrication and installation of protective padding

· Have at least ten (10) successful installations over the previous three (3) years.

· Provide written verification from Manufacturer that contracting party is skilled and trained in this scope of work and meets the successful 10 installations as specified and required above.

Material Requirements:

· Protective padding shall be a synthetic resinous material. Substitutions of a closed cell polyvinyl or any field sprayed silicon polymer coatings.

· Panels are to be minimum ¾” nominal thickness padded material bonded on stiff backing material

· Door jamb and molding padding shall be a minimum of ½” solid padding material.

· Fasteners for use in securing panels shall be as recommended by protective padding manufacturer.

· All material must be able to be repaired in the field by the facility’s maintenance staff in order to maximize cost effectiveness during the product’s life cycle. The product manufacturer must sell repair kits to aid the facility with any repairs.

· The padded system must be able to be maintained and/or repaired by the facility without any specialty equipment or tools.

· Finished room must be able to be occupied no more than 5 days after completed installation

· Be prepared to start as coordinated by jail staff but that is yet TBD. The project needs completed by July 1, 2024. Please include the earliest date in which you could begin the installation.

Material Properties In addition to meeting the minimum physical properties when cured, protective padding system must contain a flame spread and smoke index which when tested in accordance with ASTM E84 is given a Class A Fire Rating

Padding Properties:

· Critical Radiant Flux of Floor Covering Systems: Class I, >0.99 (W/cm²) in accordance with ASTM E684

· Tensile Strength Range: 300 PSI minimum in accordance with ASTM D412

· Standard Test Method for Evaluating the Force Reduction Properties of Surfaces – ASTM F2569, Wall Pads 73%, Floor Pads 57%

· Hardness Range: 60 ± 5, Class D

· Temperature Stability: unaffected from 20 degrees F to 120 degrees F

· Moisture Absorption: 0.8% to 1.05% by weight

· Compression: 90% recovery after 72 hours

· Compression Properties: 30 PSI to 70 PSI at 50% modulus

· Elongation at break: 150% typical

· Acute Oral Toxicity Test: non toxic

· Fungus Resistance MIL-I-531-D Complete

Warranties

· Contractor for work under this section shall agree to repair or replace and defective materials or work for a period of one (1) year from the date of project completion. This guarantee shall also include any loss of adhesion, resiliency or delamination. This guarantee does not cover the damage caused by sharp or burning objects. This product is not intended to replace established management practices, but to supplement them in order to provide a safe environment for the end user, owner and client.

· Representatives from the manufacturer must be onsite during installation.

· Guarantee shall be by the manufacturer for labor and material.

3.4 Proposal Format/Submittal

The proposal should be submitted in PDF format. Please also provide descriptions of relevant projects, all previous names or your companies (including mergers), references from previous customers, and a list of any past and pending litigation. For your cost proposal section, submitted costs must be fully comprehensive and hold firm for the initial term of the agreement (Change orders will only be approved if absolutely necessary. All change order requests will be evaluated for fair market value and vendors submitting change orders deemed to be excessive could result in vendor being determined to be “non-responsible.”) Please have proposals be one document. Any attachments or supplemental information should all be part of one document (with the exception of Bid Bond documentation when required, that document should be a separate document). No cost may be billed to the County that are not expressly stated in the proposal. Cost increases are not allowed during the initial term. Please also submit:

· Include shop drawings showing list of materials, elevations, sections, thickness of materials and any other pertinent information

· Submit three (3) samples – minimum of 3” x 3” in size – for approval and acceptance of protective padding system. Mail samples to:

Polk County Jail Attn: Brian Aust 1985 NE 51st Pl Des Moines, IA 50313

· Include the manufacturer’s maintenance instructions

· Include the onsite repair manual for any repairs that facility may wish to undertake

3.5 Evaluation Procedures

Award will be made to firm that is responsive, responsible, and has the lowest cost qualified submission. Bids will be reviewed by General Services and Polk County Jail (and any other County staff requested) to determine vendor responsiveness and responsibility before awarding based on low cost.

A.

APPENDIX A-Signature Page Please include this with your submission...

SIGNATURE PAGE

The undersigned, an authorized representative of, _ _ _ _ _ _ _ _ _ (Firm), does hereby state that the Firm acknowledges, understands and certifies compliance with the following requirements.

A. NON-COLLUSION

This proposal is genuine and not collusive or a sham; that said Firm has not colluded, conspired, connived, or agreed, directly or indirectly, with any person to put in a sham proposal or to refrain from proposing, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference with any person, to fix the proposal price of affiant or of any other Firm, and that all statements in said proposal are true.

B. EQUAL EMPLOYMENT AND NONDISCRIMINATION

Firm and all subcontractors shall comply with the relevant provisions of federal, state and local laws and regulations to ensure that no employee or applicant for employment is discriminated against because of race, religion, color, sex, age, sexual orientation, gender identity, national origin, creed, genetic information, disability, veteran or military service.

C. DEBARMENT

Firm shall not have been suspended or debarred from a federal project.

I further acknowledge receipt of Addenda# through # _

Name (Please Print) Title _

Authorized Signature Date_ _ _ _ _ _ _ _ Note: This Proposal Form needs to be signed by an authorized person.

Phone- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Email- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

POLK COUNTY GOVERNMENT

INSURANCE AND

CERTIFICATE REQUIREMENTS

REQUIREMENTS.

See Attachment A image1.png