TEXAS DEPARTMENT OF TRANSPORTATION

Transcription

1 TEXAS DEPARTMENT OF TRANSPORTATION SPECIFICATION NO. INFORMATION LOGO SIGN AND TOURIST-ORIENTED DIRECTIONAL SIGN PROGRAM PUBLICATION This specification is a product of the Texas Department of Transportation (TxDOT). It is the practice of TxDOT to support other entities by making this specification available through the National Institute for Governmental Purchasing. This specification may not be sold for profit or monetary gain. If this specification is altered in any way, the header, and any and all references to TxDOT must be removed. TxDOT does not assume nor accept any liability when this specification is used in the procurement process by any other entity. 1. SCOPE: This solicitation is to seek qualified entities to operate the Information Logo Sign and Tourist-Oriented Directional Sign Program under the administration of TxDOT. This program consists of the marketing, manufacturing, installation and maintenance of: 1.1. Specific Information Logo Signs (LOGO) Major Shopping Area Guide Signs (MSAGS) Tourist-Oriented Directional Signs (TODS). 2. GOAL: It is the intent of this specification to provide the best value to the state by returning a minimum 10% of the program fees collected to the state, while encouraging program growth and ensuring reasonable program fees to all participating businesses and entities operating in Texas. This program is authorized by statute under the Texas Transportation Code, Chapter 391 and by the program rules in 43 Texas Administrative Code (TAC), Part 1, Chapter 25, Subchapter G. The TAC may be viewed at the following web address: 3. DEFINITIONS OF TERMS AND ACRONYMS 3.1. Economic value payment -- value of LOGO, MSAG and TOD signs installed within the last three years of the current contract expiring on December 31, 2016, determined using the formulation in TAC Information Logo Sign and Tourist-Oriented Directional Sign Program A signing program consisting of Specific Information Logo Signs, Major Shopping Area Guide Signs and Tourist-Oriented Directional Signs LOGO: Specific Information Logo Signs - Signs designed to provide information about motorist services including gas, food, lodging, camping, and 24-hour pharmacies; a component of the Information Logo Sign and Tourist-Oriented Directional Sign Program. *This Specification Supersedes TxDOT Specification No December

2 3.4. MSAGS: Major Shopping Area Guide Sign Signs designed to provide information to motorists about major retail areas; a component of the Information Logo Sign and Tourist-Oriented Directional Sign Program Participation Agreement: A contract between the vendor and a participant in the Information Logo Sign and Tourist-Oriented Directional Sign Program that allows the participant s business name or business logo to be displayed on a LOGO, TOD or MSAG sign PM: Project Manager Vendor s project manager, who shall serve as a constant primary point of contact to TxDOT 3.7. POC: Point of Contact 3.8. Program: The Information Logo Sign and Tourist-Oriented Directional Sign Program 3.9. Sign Location Site Plan: A schematic detailing the proposed location of a sign structure and its relation to other signs, traffic control devices, driveways, cross streets, ramps, and other features necessary for TxDOT personnel to consider when making a determination to approve the proposed sign structure location Sign panels or placards: The business logo or business name attached to a sign structure Sign Structure: The foundation(s), post(s), and substrate for LOGO, TOD, and MSAG signs TAC: Texas Administrative Code TODS: Tourist Oriented-Directional Signs Signs designed to provide information to motorists regarding unique tourist services or locations; a new component of the Information Logo Sign and Tourist-Oriented Directional Sign Program TRF: TxDOT Traffic Operations Division TxDOT: Texas Department of Transportation CM - TxDOT Contract Manager: An individual identified by TxDOT s TRF department to be the primary point of contact for the vendor. 4. APPLICABLE LAWS AND STANDARDS: The vendor shall provide the specified service requirements in accordance with all applicable federal, state, and local laws, standards, and regulations necessary to perform the services. This includes but is not limited to the most current version of: 4.1. Texas Transportation Code, Chapter Texas Administrative Code (TAC), Part 1, Chapter 25, Subchapter G Texas Manual on Uniform Traffic Control Devices. 2-19

3 4.4. TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges TxDOT Traffic Engineering Standard Sheets. 5. CURRENT ENVIRONMENT: TxDOT s contract with the current vendor will expire on December 31, TxDOT expects the purchase order from this solicitation to be issued in early The current vendor and the new vendor receiving the purchase order from this solicitation will be required to work together to further the aims of the program during this period. The contract expiring on December 31, 2016 requires that the vendor be reimbursed for the economic value (also known as depreciated cost) of signs installed during the last three years of the contract based on the formula specified in TAC The economic value shall be paid to TxDOT by the vendor that is awarded a contract from this specification as specified in Paragraph 8.1 of this solicitation. 6. RESPONDENT QUALIFICATIONS: The respondent shall: 6.1. Be a company or individual engaged, or whose partners or participants or both are engaged, in the business of providing marketing, manufacturing, installation, and maintenance of Information Logo Signs, outdoor advertising, roadway signing, sign installation, or another similar venture for a minimum of five years within the last seven years. Recent start-up businesses do not meet the requirements of this solicitation. NOTE: A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise. Two companies are affiliated if the two companies have a common parent company or if one is the parent or subsidiary of the other Be in good financial standing and current in payment of all taxes and fees, such as state franchise fees. Respondents shall submit a copy of the respondent s audited or un-audited financial statement. TxDOT will review the respondent's audited or unaudited financial statement in accordance with Texas Government Code, Title 10, Subtitle D, Section to evaluate the sufficiency of the respondent's financial resources and ability to perform the contract or provide the service required in the solicitation. TxDOT will be the sole judge in determining the sufficiency of the respondent's financial resources and ability to provide the service. Factors to be reviewed include: Balance sheets Net working capital Current asset ratio Liquidity ratio Auditor(s) notes Any notes to the financial statements. 3-19

4 7. RESPONDENT REFERENCES: The respondent should submit a minimum of three references to substantiate the qualifications and experience requirements for similar services completed for five years within the last seven years. References shall illustrate respondent s ability to provide the services outlined in the specification. References shall include name, point of contact, telephone number, and dates services were performed. The respondent may be disqualified if TxDOT is unable to verify qualification and experience requirements from the respondent s references. The respondent may be disqualified if TxDOT receives negative responses. TxDOT will be the sole judge of references (Ref. Respondent References form). 8. KEY PERSONNEL QUALIFICATIONS: The respondent shall provide the following key personnel: 8.1. Project Manager (PM): The PM shall: Be designated by the vendor with a minimum of three years experience within the last five years in project management Be a permanent staff member of the vendor Respondent shall return Schedule 3 Project Manager References QUALIFICATIONS FOR OTHER KEY PERSONNEL: The vendor shall provide personnel with: A minimum of three years experience within the last five years in aspects appropriate to the job duties and decisions each key personnel will be required to perform such as marketing, manufacturing, installation and maintenance, or other similar ventures: The ability to effectively communicate orally and in writing in English, as a minimum, and Spanish or other languages as required. 9. VENDOR REQUIREMENTS: The vendor shall: 9.1. Pay TxDOT the economic value of LOGO, MSAG and TOD signs installed within the last three years of the contract expiring on December 31, 2016 in the estimated amount of $1,148,000 within 5 business days of the end of the current contract. If the vendor awarded a contract from this solicitation is the same vendor awarded the contract expiring on December 31, 2016, the economic value payment is not required Adhere to the TxDOT Terms and Conditions identified on the solicitation Adhere to the requirements of the currently adopted versions of the Texas Manual on Uniform Traffic Control Devices, the Transportation Code, the TAC, and TxDOT specification and standard plan sheets as they apply to the program Provide a qualified staff to accomplish projects within the required timeframe. 4-19

5 9.5. Maintain an office in the state of Texas with a minimum of one full-time employee The office shall be accessible via phone and fax for a minimum of 40 hours per week, 8:00 a.m. 5:00 p.m. Central Standard Time, Monday through Friday, excluding state observed holidays Maintain a toll-free number at the vendor s office within the state of Texas to answer questions, distribute information, and receive complaints. This phone shall be equipped to record incoming messages and inform the public of office hours Document all complaints and maintain documentation for the life of the contract, including contract renewals, and provide copies of all complaints to TxDOT upon request. All complaints shall receive a response and be resolved within fifteen working days, with copies of the resolution forwarded to TxDOT upon request Conduct a drawing(s) to select businesses that will receive available signs or sign spaces if demand exceeds space availability as per the requirements of 43 TAC, Chapter 25, Subchapter G Publish and maintain a website available to the public at no charge or registration with information regarding the Information Logo Sign and Tourist-Oriented Directional Sign Program The website shall be operational and approved by TxDOT within 90 days after award of the purchase order TxDOT retains final authority over the contents of the website and approval authority over the website The website shall be updated by the 10 th calendar day of each month and shall contain, but not be limited to: Information about the program that businesses may use to participate in the program Information about the vendor, vendor s office address, telephone number, primary contact, operating hours, fax number, and address An interactive map showing the location of participating businesses The capability for a business to apply for participation in the program on-line Have each employee sign a TxDOT non-disclosure statement ensuring customer information is secure. 5-19

6 9.10. POINT OF CONTACT (POC): The vendor shall designate a PM who shall be a permanent staff employee and who shall make the marketing, manufacturing, installing and maintenance of the Information Logo Sign and Tourist-Oriented Directional Sign Program as his/her first priority and primary responsibility. The PM shall serve as a constant primary POC for TxDOT. The vendor shall: Ensure that the PM coordinates closely with TRF s designated CM Ensure that any change in project management made by the vendor is approved in writing by TxDOT Ensure attendance of the PM at scheduled meetings between the vendor and TxDOT personnel as requested by TxDOT Agree to ensure the continuity of the primary POC assigned to the project. The vendor represents and warrants that the primary POC is available for the entirety of the project and shall remain available throughout the term of the purchase order BACKGROUND CHECK: Conduct background checks on all vendors permanent and temporary personnel scheduled to work on TxDOT projects prior to beginning service start-up. Upon award, supporting documentation confirming the completion of these comprehensive background checks may be subject to review upon request by TxDOT, the TxDOT designee, or both prior to beginning the service. Failure to produce the requested documentation may be cause for cancellation of the purchase order. The background checks shall include, but not be limited to, the following: A verification going back a minimum of seven years Social Security Number verification Statewide criminal and sex offender records for all Texas counties and out-ofstate counties based on the current and previous addresses of the applicant for the last seven years Personnel with a misdemeanor conviction of any type except the lowest classified level of misdemeanor within the last ten years shall be disqualified. Personnel with any felony conviction at any time shall be disqualified. NOTE: Employees with criminal histories shall not be allowed to participate in the program. 10. SERVICE REQUIREMENTS: The vendor shall provide, but not be limited to, the following service requirements: MARKETING Upon award of the purchase order, the vendor shall begin marketing activities for new participants for LOGO, MSAGS and TODS. 6-19

7 Execute new participation agreements for businesses and entities with existing agreements in the LOGO, MSAGS, and TODS to become effective January 1, 2017 or later Market and execute participation agreements with potential new participants for LOGO, MSAGS, and TODS. These participation agreements may only become effective January 1, 2017 or later All annual participation agreements for LOGO, MSAGS, and TODS shall be effective through December 31 of each year Process requests for TODS within the time restrictions contained in Chapter 391 of the Texas Transportation Code Submit an annual marketing plan. The marketing plan shall include: SIGN MANUFACTURING Targeted geographical areas Target business industries Estimated current coverage by TxDOT district (Ref. Attachment A - TxDOT District Map) Potential coverage by TxDOT district Projected annual revenue estimate in the aggregate and by district Advertising approach to market program. NOTE: Vendor shall consider TxDOT input in the revision of the annual marketing plan. TxDOT must approve the annual marketing plan in writing All signs shall be designed and constructed as detailed in the specification requirements. (Ref. Attachment B Sign Manufacturing Requirements.) Only approved materials as detailed on Attachment B may be used A generic icon may be incorporated into TODS panels with the approval of TxDOT Prior to fabrication of any LOGO sign, MSAGS or TODS, the Sign Location Site Plan shall be approved in writing by TxDOT for all new sign structures SIGN INSTALLATION A Sign Location Site Plan shall be approved in writing by TxDOT before any new sign structure may be installed. 7-19

8 Installation of all signs shall be performed only by the vendor or vendor s subcontractor, or, in emergency situations, by TxDOT. In the event that TxDOT undertakes installation or other duties of the vendor, the vendor shall immediately remit to TxDOT the specified fee or cost of such work Existing signs may not be relocated by the vendor in association with installation of a LOGO sign, MSAGS, or TODS unless approved in writing by TxDOT and at the sole expense of the vendor If TxDOT determines that additional regulatory, warning, or guide signing is needed, existing, or planned LOGO, MSAG, or TOD signs shall be removed or relocated by the vendor as directed by TxDOT and at the sole expense of the vendor If TxDOT determines that construction or maintenance activities within the eligible highway rights of way will create conditions where existing LOGO, MSAG, or TOD signs will not be in compliance with Transportation Code, Chapter 391 or provisions of this title, the vendor shall: Remove the LOGO, MSAG, or TOD signs; and Reimburse advance rental fees paid by participating businesses or entities prorated as per the date of removal of the sign Signs shall be installed as detailed in the specification requirements in Attachment B TODS and LOGO panels shall be installed and placed on sign structures in accordance with the guidelines established under 43 TAC, Chapter 25, Subchapter G. The vendor shall immediately remove any sign panel installed in violation of these guidelines, at no additional cost to TxDOT, when directed to do so by TxDOT MAINTENANCE Maintenance of all LOGO signs, MSAGS, and TODS shall be performed by the vendor in a manner and condition that is a distinct benefit to the safety of the public, benefit to the participating businesses or entities, and to the satisfaction of TxDOT including, but not limited to: Ensuring signs are legible at all times Ensuring that sign structures and sign panels are replaced within a reasonable time as determined by TxDOT should they become damaged or faded Ensuring that sign structures and sign panels are removed within a reasonable time as determined by TxDOT when no current participation agreement exists for the location. 8-19

9 Failure to maintain the signs will be cause for termination of the purchase order The vendor shall use commercially reasonable efforts to ensure that all signs are properly maintained and are free from obstruction. In the event that TxDOT determines that a sign requires maintenance, TxDOT may give written notice to the vendor which shall clearly identify the sign, its locations, and the specific maintenance required. The vendor shall have 30 calendar days from the date of receipt of notice within which to take appropriate action to properly maintain the sign. 11. VENDOR DELIVERABLES AND REPORTING REPORTING AND INFORMATION ACCESSIBILITY: The vendor shall provide TxDOT: Remote access for TxDOT to an electronic real-time inventory in a format approved by the CM to include, but not be limited to: Information on all participating businesses and entities including address, key contacts, phone numbers, and location of the sign for each business A specific identification number for each sign Date of expiration of the participation agreement between each participating business or entity and the vendor Location information for each LOGO, MSAG, and TOD sign including: Roadway designation, route, or name Exit number or crossroad, direction, and latitude and longitude Install date of sign and all maintenance performed on the sign Number of TODS and LOGO panels installed per sign At least one photograph of each sign structure and the Sign Location Site Plan for the sign structure Correspondence with business applicants and participating businesses regarding the sign Capability to be revised and updated remotely by the vendor Capability to be accessed by TxDOT personnel remotely. 9-19

10 An annual report in a format approved by TxDOT to include, but not be limited to: Number of LOGO signs and panels installed Number of MSAG signs installed Number of TOD signs and panels installed Number and percentage of participation agreements renewed from the previous year Number of signs removed due to roadway construction Total amount of fees remitted to TxDOT Total number of participants Total number of signs (panels and structures) installed Additional information as requested by TxDOT Additional reports throughout the year as requested by TxDOT A monthly statement by the seventh business day of each month detailing revenues collected by the vendor in association with the program and the amount remitted to TxDOT REMITTANCE Respondent Offer Respondent s offer shall be a minimum of 10% remittance of all program fees collected to TxDOT as required by State law. Any offer of less than 10% shall not be considered (Ref. Schedule 1) Respondent may offer to TxDOT added value over and above the 10% of program fees collected as part of their response to this RFP. The total remuneration that shall be remitted to TxDOT will be negotiated between the respondent and TxDOT Service Requirements Failure to remit funds as required under the agreement will constitute justification for TxDOT to terminate the purchase order for cause Submittal of this remittance to TxDOT is required by the seventh business day following the last day of the preceding month

11 Work and fees charged for additional goods and services outside the scope of this specification (such as additional signing off of TxDOT right of way, advertising, design, production of business logos, etc.) will not be considered as program fees. 12. VENDOR PERFORMANCE: Vendor performance will be monitored on a regular basis by TxDOT An unsatisfactory performance determination includes, but is not limited to: More than one service call back to correct the same problem within 30 calendar days at an individual sign installation Two instances within one year of improper traffic control observed and reported by TxDOT personnel Two instances within one year of reported sign maintenance issues not completed within the required 30 calendar days. NOTE: Unsatisfactory performance may result in a negative vendor performance report or cancellation of the purchase order or both An exceptional performance determination includes, but is not limited to: Deliverables made early upon TxDOT member request Product upgrade substitution suggested and accepted at no additional cost to TxDOT Vendor commended for exceptional customer service, exceptional service provided Provided technical/training assistance when not required. 13. PERSONNEL CONTINUITY AND REPLACEMENT TxDOT recognizes that events beyond the control of the vendor such as the death, physical or mental incapacity, long-term illness, or the voluntary termination of employment of the PM, account manager, or other personnel, etc. will require the vendor propose a replacement. In the event such a replacement is necessary, vendor agrees that personnel shall not begin work on the project without prior written approval from TxDOT The PM, account manager, or other key personnel, etc. shall remain available for the entire term of the purchase order as long as that individual is employed by the vendor If TxDOT determines the PM, a team member, or other key personnel, etc. is unable to perform in accordance with the service requirements or to communicate effectively; the vendor shall immediately remove that person

12 13.4. Proposed replacement personnel shall meet minimum qualifications and have experience comparable to the person(s) being replaced. Replacement personnel shall be provided at no additional cost to TxDOT. Resume(s) and reference(s) may be requested for the proposed replacement(s). TxDOT may reject any replacement if references or past working performance is questionable or unfavorable. TxDOT will be the sole judge of the qualifications of the proposed replacement personnel. 14. QUALITY ASSURANCE PLAN: The vendor shall provide a comprehensive, continuous, and measurable quality assurance program. The plan shall include: Strategies and processes to promote quality Procedures to periodically measure and report quality performance to TxDOT throughout the term of the purchase order How often the vendor conducts internal audits and engages external audit firms to conduct audits of its operations Controls to be used within the project to assure quality and consistency throughout the term of the purchase order. 15. VENDOR PERSONNEL SAFETY: The vendor shall provide all required safety equipment and instruct personnel to observe all safety policies, rules, and requirements at all times. 16. SUBCONTRACTING Subcontractors providing service under the purchase order shall meet the same qualifications and service requirements and provide the same quality of service required of the vendor No subcontract under the purchase order shall relieve the primary vendor of responsibility for the services The vendor shall be the only contact for TxDOT and subcontractor(s) The vendor shall manage all quality and performance, project management, and schedules for subcontractors. The vendor shall be held solely responsible and accountable for the completion of all work for which the vendor has subcontracted TxDOT retains the right to check subcontractor s background and make a determination to approve or reject the use of submitted subcontractor(s). Any negative responses may result in disqualification of the subcontractor TxDOT reserves the right to request the removal of vendor s subcontractor staff deemed unsatisfactory by TxDOT Subcontracting shall be at the vendor s expense

13 16.8. During the term of the purchase order, if the vendor determines a need for a subcontractor change, TxDOT shall be notified in writing by the vendor within 10 calendar days of any proposed change. The vendor shall be required to provide references and work history for any proposed subcontractor to TxDOT. No change will be allowed without written authorization by TxDOT SOLICITATIONS OVER $100,000: TxDOT will make an initial determination of whether subcontracting is probable. It is the respondent s determination to choose to subcontract any of the work under this purchase order with a Texas certified Historically Underutilized Business (HUB) or other businesses If TxDOT has determined that subcontracting opportunities are probable, the class and items in which HUBs may be registered will be noted in the solicitation The respondent shall identify all proposed HUB and other subcontractors at the time of response submittal. The required forms with video instructions can be found at the following website: RESPONSES THAT DO NOT INCLUDE A COMPLETED HUB SUBCONTRACTING PLAN AS INDICATED ON THE SOLICITATION SHALL BE REJECTED PURSUANT TO TEXAS GOVERNMENT CODE (B) HUB SUBCONTRACTING PLAN (HSP) PRIME CONTRACTOR PROGRESS ASSESSMENT REPORT: After award of the purchase order, the vendor shall report all HUB and non- HUB subcontractor information using the HSP Prime Contractor Progress Assessment Report form. The report shall be submitted to the TxDOT contract manager monthly. The report shall be submitted monthly even during the months the vendor is not invoicing TxDOT. All payments made to subcontractors shall be reported. TxDOT may verify the amounts being reported as paid by requesting copies of cancelled checks paid to subcontractors REVISING THE HSP DURING THE TERM OF THE PURCHASE ORDER: Vendors may need to revise the original HSP submitted with the response during the term of the purchase order to add additional subcontractors or change existing subcontractors. The additional subcontractor shall be approved by TxDOT prior to beginning work. If the vendor is replacing a HUB subcontractor with another HUB, no Good Faith Effort is required. If the vendor is replacing a HUB with a non-hub, a Good Faith Effort is required and the rules which apply to notifying HUBs of the subcontracting opportunity apply

14 17. BUSINESS CONTINUITY PROCEDURES AND DISASTER RECOVERY PLAN: The respondent shall submit the respondent s business continuity procedures and disaster recovery plan (limit one page) which shall include procedures that shall be implemented to fulfill all requirements of the purchase order including, but not limited to: fire, theft, natural disaster, technical difficulty, workforce problems, equipment failure, or other disruption of business. NOTE: Business continuity and a disaster recovery plan for this service shall be maintained by the vendor throughout the term of the purchase order. The vendor shall be responsible for all cost of disaster recovery. 18. OWNERSHIP OF MATERIALS AND PRODUCTS: All signs installed, manufactured and maintained by the vendor in TxDOT right of way during and under the terms of this purchase order shall be the property of TxDOT. 19. CONFLICT OF INTEREST: The vendor, vendor s personnel, and vendor s subcontractor(s) shall affirm not to have, nor acquire any interest during the term of the purchase order that would conflict in any manner with the performance of the vendor s obligations in regards to services authorized The vendor certifies and warrants that he or she and any relative to the first consanguinity (blood) or affinity (marriage) have not been employed or an employee or contracted agent for the firm in which he/she is performing inspections as required under the purchase order for a period not less than five years from the effective date of the purchase order. Furthermore, the vendor certifies and warrants that he or she and any relative to the first consanguinity (blood) or affinity (marriage) have no financial interests of any kind in the firm in which he or she is performing inspections as required under the purchase order. Violation of this provision may be grounds for termination of the purchase order First consanguinity (blood) is described as: A person is related to you by blood in the first degree if the person is your: Mother or father, brother or sister, son or daughter Affinity (marriage) is described as: A person who is: your spouse, or spouse s mother or father, brother or sister, son or daughter; your brother s or sister s spouse, son s or daughter s spouse, step-mother or step-father 20. PAYMENT BOND: Purchase orders require the vendor to submit a payment bond in the amount of the economic value of LOGO, MSAG, and TOD signs installed within the last three years of the contract expiring on December 31, 2016, estimated amount of $1,148,000. The actual amount will be determined at the end of the current contract using the formulation in TAC The bond shall be executed in accordance with Texas Insurance Code Section The cost of the bond shall be included in the pricing submitted. TxDOT will not pay for bond as a separate item 14-19

15 20.3. The bond shall be executed on a form provided by TxDOT and returned to TxDOT within 15 calendar days after written notice has been issued to the vendor. A Power of Attorney and a printed document stating the bonding company s name, address, and telephone number and the Texas Department of Insurance telephone number shall accompany the bond(s) Acceptable forms of bonding are cashier s check, certified check, or irrevocable letter of credit issued by a financial institution subject to the laws of Texas; a surety or blanket bond from a company chartered or authorized to do business in Texas and entered on the United States Department of Treasury s listing of approved sureties or the Texas Department of Insurance listing; United States treasury bond; or certificate of deposit. NOTE: The bond shall be submitted to TxDOT upon issuance of PO and approved by TxDOT prior to any work being performed. 21. LIQUIDATED DAMAGES In the event the vendor fails to perform the maintenance on a sign identified in the written notice within 30 calendar days of receipt of the written notice in accordance with the terms of the purchase order, TxDOT may, at its sole discretion, require the vendor to pay damages equal to a pro-rated one-day rental applicable to the sign in question for each day following such 30-day period that the vendor has failed to correct the issue identified in the written notice. This provision is not intended as a penalty but as liquidated damages. 22. AMENDMENTS: TxDOT and the vendor reserve the right to amend the purchase order by mutual written agreement at any time during the term of service, as may be necessary to achieve the highest quality of production by the most efficient and cost-effective means or to include a different element or special feature that was not contemplated or fully developed at the time of solicitation. The amendment process will be accomplished through a Purchase Order Change Notice (POCN). 23. TxDOT RESPONSIBILITIES: TxDOT will: Approve all sign locations, marketing, manufacturing, installation, and maintenance Provide notice to the vendor of TxDOT s contract manager. The vendor will be notified in writing of any changes to the TRF contract manager Schedule periodic meetings with the vendor to monitor progress of work Perform periodic audits and field reviews as needed to ensure that the vendor is operating the program under the requirements of state law, the terms of the program rules contained in 43 TAC Chapter 25 Subchapter G, and the agreement executed between TxDOT and the vendor

16 24. RESPONSE SUBMISSION GENERAL FORMAT: The respondent shall submit one signed and dated original (marked Original ) and should submit seven copies (marked Copy ) or seven copies on flash drive The submission should be in separate loose leaf binders on one sided 8-1/2 x 11 inch paper and be tab-indexed corresponding to the sections listed below. Plastic spine-bound or wire bound submittals are highly discouraged. Finished submittals shall be limited to a maximum of 35 pages The respondent may submit additional information such as a short video or a web link to a short video to supplement one or more of the required submission sections. The additional information shall not be a requirement for the submission and the required submission may be evaluated without consideration of any additional information included with the submission ORIGINAL RESPONSE: Failure by the respondent to submit the documentation listed below will disqualify the respondent from further consideration. The response submission shall be submitted in the following format Section 1 Schedule 1 SIGN FEES AND REMITTANCE Proposed Fees If addendums are generated as part of this solicitation, include the original signed and dated addendum(s) in Section Copies: Include seven copies of the Schedule 1 Pricing in a sealed, separate envelope with the original submittal Proposed Fees and Remittance to TxDOT: Provide proposed sign installation fees and annual rental fees for LOGO (freeway and ramp), MSAGS (freeway and ramp), and TODS for participating businesses. Provide proposed percentage of program fees that are to be remitted to TxDOT from fees charged to businesses participating in Information Logo Sign and Tourist-Oriented Directional Sign Program Section 2 Schedule 2 Original, signed and dated Execution of Proposal Section 3 Schedule 3 Respondent Qualifications and Experience: Complete and return detailing respondent qualifications and experience Section 4 Schedule 4 Key Personnel Qualifications and References: Complete and return for each proposed key or respondent personnel position

17 Section 5 Demonstration of Capability: The respondent s approach and ability to meet the service requirements as specified in the solicitation shall be demonstrated. The response should be specific and address all requirements described in the solicitation in the order presented in Para. 9 and 10. The respondent shall: Provide examples of experience coordinating a signing program of the size and scope involving multiple public and private entities of related or similar programs conducted by the respondent, including those provided for other state agencies. List name of client(s), dates funded, and total expenditures for each project If agency has more than one office, staff sizes of each office shall be provided. If the project is to be a joint venture, all member firms shall be listed and staff members listed accordingly Propose a staffing plan to accomplish the project in the required timeframe Briefly explain the need for and duties of each position on the proposed staff Provide profiles or narratives, for each program staff member designated to develop and conduct the project under the purchase order. Profiles shall include name and title, a minimum last three years of experience within the last five years, estimated percentage of time staff member that will be dedicated to the project and a description of skills and experience Section 6 Project Understanding, Implementation and Approach: Based on the requirements contained in Paragraphs 9 and 10 of the specification, provide a detailed response specifying exactly how the requirements will be satisfied. The respondent shall also provide a process outlining the steps and time involved Section 7 Marketing and Transition: Describe approach to marketing the Information Logo Sign Program and Tourist-Oriented Directional Sign Program in order to increase participation and program fees collected and describe approach to transitioning the program from the existing program vendor Section 8 Database: Provide a narrative describing the database the vendor shall provide to TxDOT to support a website detailing information about participants in the program Section 9 Business Continuity and Disaster Recovery Plan: Respondent shall submit a business continuity and disaster recovery plan detailing how the respondent proposes to meet the specifications in the event vendor service is interrupted. The plan shall detail the vendor s backup and recovery process (Ref. Para. 17)

18 Section 10 Quality Assurance Plan: Respondent shall submit a quality assurance plan detailing how they propose to meet the requirements outlined in Para Section 11 HUB Subcontracting Plan Section 12 Financial Statements Copies: The respondent shall include only the following tabbed and indexed sections in the seven reproduced copies: Section 3 - Schedule 3 -Respondent Qualifications and Experience Section 4 - Schedule 4 -Key Personnel Qualifications and References Section 5 - Demonstration of Capability Section 6 Project Understanding, Implementation and Approach Section 7 - Marketing and Transition Section 8 - Database Section 9 - Business Continuity and Disaster Recovery Plan Section 10 - Quality Assurance Plan The following should be submitted with the response. Failure by the respondent to submit the documentation listed below may disqualify the respondent from further consideration Section 13 Respondent References 25. RESPONSE EVALUATION STEP 1 REVIEW OF RESPONSES BY PURCHASING: Only a complete response with the listed required submittal documents and meeting minimum qualifications will be considered. Failure to meet the minimum qualifications and submit the required documents will result in a response being declared non-responsive STEP 2 INITIAL EVALUATION: A TxDOT evaluation committee will evaluate and score each response based on established criteria. Respondents shall not contact members of the evaluation team. Responses will be evaluated according to the respondent s ability to best satisfy TxDOT requirements. Respondent s submission is evaluated and scored on a weighted system to determine the best value as follows: Respondent qualifications and experience will comprise 70% of the evaluation total Pricing submitted for the solicitation requirements will be 30% of the evaluation total

19 25.3. STEP 3 DISCUSSIONS: TxDOT may request that selected respondents, including key personnel, participate in discussions The respondent and TxDOT may discuss and clarify various requirements of the solicitation, vendor response, any negotiable points, further confirm proposed personnel qualifications, and determine the respondent s capability to perform the service. A TxDOT evaluation committee may evaluate and score each discussion The initial selection of respondents qualifying to proceed to this step will maintain the pricing weight at 30%. The initial evaluation score of the qualifications and submission information will be replaced with the discussion meeting score at 70% TxDOT will advise each respondent in writing of the location, date, and time of the scheduled discussion meeting. A minimum of two weeks notice will be given to the respondent(s) selected for the discussion phase TxDOT may provide the respondent with a list of proposed key personnel required to attend and participate in the meeting Respondent and proposed key personnel should be prepared to address any questions that may be asked by TxDOT evaluators TxDOT reserves the right to continue discussions with selected respondent(s) NEGOTIATIONS: Upon completion of discussions evaluation scoring, TxDOT reserves the right to enter into negotiations with one or more selected respondents STEP 4 BEST AND FINAL OFFER (BAFO): TxDOT reserves the right to request a BAFO from selected respondent(s) The respondent(s) shall submit a final price and any added value. If more than one respondent reaches this level, the negotiated terms, references, BAFO, and added values will be the considered in the award. TxDOT will make the final determination on the best value TxDOT may award the purchase order for the service without requesting a BAFO 26. AWARD: TxDOT reserves the right to award a purchase order(s) to the company that provides the best value to TxDOT in performance of this service. TxDOT may award to a single vendor, multiple vendors, or use any combination that best serves the interest of TxDOT BEST VALUE: TxDOT will be the sole judge of best value. Best value criteria may include, but are not limited to: Responsiveness to and completeness of the solicitation service requirements

20 Proposals representing the best value to businesses and other entities wishing to rent signs through the program Proposed percentage of program fees that will be collected by the vendor for return to the state TYPES OF AWARD: Single Award: One purchase order awarded to a single vendor. 27. POST AWARD MEETING: Vendor shall be required to attend a post award meeting via teleconference or in person in Austin, Texas with TxDOT within 20 calendar days after the award of the purchase order. The purpose of the meeting is to discuss the terms and conditions of the purchase order and to provide additional information regarding the purchase order. Vendor and TxDOT shall identify specific goals, strategies, and activities planned for meeting particular program area objectives. 28. CONTRACT ADMINISTRATION: Administration of the purchase order is the responsibility of TxDOT. TxDOT Procurement Division staff will be responsible for administering the contractual business relationship with the vendor Any proposed changes to work to be performed, whether initiated by TxDOT or the vendor, must receive final written approval in the form of a Purchase Order Change Notice signed by the authorized TxDOT purchasing agent Upon issuance of purchase order, TxDOT will designate an individual to serve as the Contract Manager and point of contact between TxDOT and the vendor. The Contract Manager does not have any express or implied authority to vary the terms of the purchase order, amend the purchase order in any way, or waive strict performance of the terms or conditions of the purchase order. This individual s contract management and contract administration responsibilities include, but are not limited to: Monitoring the vendor s progress and performance and ensuring services conform to established specification requirements Managing the financial aspects of the contract including approval of payments Meeting with the vendor as needed to review progress, discuss problems and consider necessary action Identifying a breach of contract by assessing the difference between contract performance and non-performance Other areas as identified by the Comptroller of Public Accounts Contract Management Guide, latest edition. 29. TRANSITION PERIODS: Upon award of the purchase order, the new vendor shall cooperate fully with the current vendor whose contract expires on December 31, Upon expiration of the current contract, the current vendor shall cooperate fully with a subsequent vendor for the transfer of all publications, documents, property, equipment, and other material for which TxDOT retains ownership rights, and any other material related to work under the subsequent purchase order

21 30. RELATIONSHIP ON TERMINATION: All signs installed, manufactured, and/or maintained by the vendor during the term of this purchase order shall be the property of TxDOT and the vendor shall have no rights or interests in such signs following the termination of this purchase order If TxDOT terminates the contract before the contract s termination date for reasons other than default by the vendor, the vendor will be paid the depreciation value based on the elapsed time since the installation of mainlane LOGO, mainlane MSAGS, and TODS structures using the previous year s statewide construction average low bid for complete fabrication and installation multiplied by the following percentage: Less than one year 90% One year or more but less than two years 50% Two years or more but less than three years 25% Three years or more 0% If the contract expires at the end of its specified term and the vendor is not awarded the subsequent contract, the subsequent vendor will pay to TxDOT the economic value based on the elapsed time since the installation of mainlane LOGO, mainlane MSAGS, and TODS structures using the previous year s statewide construction average low bid for complete fabrication and installation multiplied by the following percentage: Less than one year 90% One year or more but less than two years 50% Two years or more but less than three years 25% Three years or more 0% The vendor shall use commercially reasonable efforts to assist TxDOT in the transition of the operations of the Program to the party that assumes operations of the Program at such time. The vendor shall also provide to TxDOT the complete and current records of all Program signs and business participants within 7 calendar days of execution of a subsequent contract with a new party. The format of the records shall be compatible with Microsoft Office unless directed otherwise by the TxDOT Contract Manager. 31. SALE, TRANSFER, AND ASSIGNMENT OF CONTRACT: The vendor shall not sell, transfer, assign, or otherwise dispose of the contract or any portion thereof, or of its right, title, or interest therein, without the prior written consent of TxDOT 21-19

22 TxDOT SCHEDULE 1 - SIGN FEES AND REMITTANCE Proposed Fees Item Minimum Proposed Fees Maximum LOGO Freeway Installation LOGO Annual Freeway Rental LOGO Ramp Installation LOGO Annual Ramp Rental MSAGS Freeway Installation MSAGS Annual Freeway Rental MSAGS Ramp Installation MSAGS Annual Ramp Rental TODS Installation TODS Annual Rental Percent of Collected Fees Returned to the State (Minimum 10%) % NOTE: Only schedule 1 will be evaluated in phase 1 of the proposal evaluation. Final fees and remittance will be negotiated between TxDOT and the successful respondent. THIS PAGE SHALL BE RETURNED WITH THE RESPONSE. FAILURE TO RETURN REQUIRED ITEMS WITH THE RESPONSE WILL RESULT IN DISQUALIFICATION OF THE RESPONSE. 1-1