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HomeMy WebLinkAboutR-98-1168J-98-1162 11/23/98 RESOLUTION NO. e3 A RESOLUTION APPROVING THE PROCUREMENT OF WELDING GASES AND LIQUID OXYGEN FROM PRAXAIR DISTRIBUTION SOUTHEAST LLC, AWARDED UNDER MIAMI-DADE COUNTY CONTRACT NO. 0844-3/03-OTR- CW, ON AN AS -NEEDED CONTRACT BASIS UNTIL JUNE 30, 2000, WITH THE OPTION TO EXTEND FOR THREE (3) ADDITIONAL ONE-YEAR PERIODS, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, AT AN ANNUAL AMOUNT NOT TO EXCEED $10,000.00; ALLOCATING FUNDS THEREFOR FROM ACCOUNT CODE NO. 509000.420901.6.702. WHEREAS, the Department of General Services Administration is responsible for the maintenance of the City's fleet of heavy equipment; and WHEREAS, the heavy equipment garage performs welding repairs on equipment on a regular basis; and WHEREAS, welding supplies and oxygen are necessary to continue the performance of equipment repairs; and WHEREAS, funds are available from Account Code No. DEC 0 8 1998 Rwolufim Na fib gj.�.8 509000.420901.6.702; and WHEREAS, the City Manager and the Director of General Services Administration recommend that the procurement of welding gases and liquid oxygen from Praxair Distribution Southeast LLC, awarded under Miami -Dade County contract, be approved; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The procurement of welding gases and liquid oxygen from Praxair Distribution Southeast LLC, awarded under Miami -Dade County Contract No. 0844-3/03-OTR-CW, on an as -needed contract basis until June 30, 2000, with the option to renew for three (3) additional one-year periods, for the Department of General Services Administration, at an annual amount not to exceed $10,000.00 is hereby approved, with funds therefor hereby allocated from Account Code No. 509000.420901.6.702. Section 3. This Resolution shall become effective 2 98-1168 immediately upon its adoption and signature of the Mayor.1/ PASSED AND ADOPTED this 8th day of December , 1998. JOE CAROLLO, MAYOR 1n accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of it legislation by signing it in the designated place proviclera, satd leg�?,'atborY �-'Ow beomes effective with the elapse of ten (10) days om the date of Com icn action ATTEST: regarding same, without the Mayor ere to. Wa oeman, City Clerk WALTER J. FOEMAN CITY CLERK r nnnnSnzn/eq)'I'O FO AND CORRECTNESS : e% ATTORNEY W3064:CSK:kc l� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. if the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 3 98-1168 CITY OF MIAMI, FLORIDA CA=8 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and DATE: NOV 3 O 1998 FILE: Members of the City Commission SUBJECT: Resolution Authorizing the Purchase of Oxygen/ Acetylene Bottle and FROM: Donald H. Warshaw REFERENCES: Welding Supplies City Manager ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing the purchase of oxygen/acetylene bottle and welding supplies, utilizing existing Miami -Dade County Contract No. 0844-3/03, on an as needed basis, in an estimated annual amount not to exceed $10,000, through June 30, 2000, with option to extend for three (3) additional one (1) year periods, under the same terms and conditions, for the Department of General Services Administration. Further authorizing an award to Proxair Distribution Southeast, non-minority/non-local vendor, located at150 Tequesta Drive 4205, Tequesta, Florida 33469. Funds are available from the FIB '99 Heavy Equipment Garage, Account Code 509000.420901.6.702. BACKGROUND: The Department of General Services Administration is responsible for the maintenance of the City's fleet of heavy equipment. The Heavy Equipment Garage performs welding repairs on equipment on a regular basis. This contract shall allow for the purchase of welding supplies. The use of the existing Miami -Dade County Contract is beneficial since it allows for the department to take advantage of volume pricing. The purchase of welding supplies by Purchase Order on an individual purchase basis, would result in a greater operating expense. DHWJAP/eh GSA/MePurchOxyg.doc 98-1168 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Donald H. Warshaw October 26, 1998 70 : DATE: FILE City Manager SUBJECT: Budget Authorization to Purchase Oxygen /Acetylene Bottle and Welding Supplies FROM: ascual, Director REFERENCES: General Services Administration ENCLOSURES: The Department of General Services Administration has verified with the Office of Budget and Management Analysis that funds are available in the amount of $10,000, from the FY'99 Heavy Equipment Garage, Account Code 509000.420901.6.702. Budgetary Review and Approved By: .L Dipak Parekh, Director Office of Budget and Management Analysis DHW JAP/eh GSA/MePurchOxyg2.doc Date: 3 Zf JO of dkod .�t a SIVONK � LI i•''.j � 5 �- I1wowK.t� a��NMiM M te�w�t �wnNNtr. ��`iCOt• `12��G�'Z J \. Vbrftd by: SIGNATURE 98-1168 C O N T R A C T BID NO.: 080-3/03-OTR-CW Welding Gases and Liquid Oxygen CONTRACT PERIOD: 7/1/98 thru 6/30/00 COMMODITY CODE: 430-92 AWARD SHEET AWARD BASED ON MEASURES: Yes ( ) No (x ): PART #1: VENDORS AWARDED (Previous Bid No. 0844 & 4876) OTR YEARS: Three (3) ( )Set Aside ( )Bid Preference ( )Goal ( )BBE ( )HBE ( )WBE owned firms ( ) Local Preference ( ) CSBE Level ( ) Prevailing Wages (Reso. 90-143) F.E.I.N.: 582336369 VENDOR: Praxair Distribution Southeast LLC STREET: 150 Tequesta Drive, Suite 205 CITY/STATE/ZIP: Tequesta, F1. 33469 F.O.B. TERMS: Destination PAYMENT TERMS: Net 30 DELIVERY: As required PHONE: (561) 746-4900 FAX: (561) 746-0042 CONTACT PERSON: Thomas Martin PART #2: ITEMS AWARDED See Attached PART #3: AWARD INFORMATION ( )BCC (x )PMD AWARD DATE: 6/25/98 AGENDA ITEM #: n/a BIDS & CONTRACTS RELEASE DATE: 6/25/98 OTR YEAR: n/a ADDITIONAL ITEMS ALLOWED: Based on Price Lists SPECIAL CONDITIONS: 6ylinder price shall be quoted on the basis of (30) days free usage, with demurrage charges to be assessed daily from the thirty-first day on. TOTAL CONTRACT VALUE: $461,450.00 MODIFIED CONTRACT VALUE: $n/a 98-1168 WELDING GASES FIRM NAME: Praxair Distribution Southeast LLC 1. a. Oxygen: "K" type cylinders, USP Per approved ........................... $ .0148 Cu. Ft. State cylinder size being Bid: 256 cu. ft./cyl. Per b. Oxygen - small size cylinders...... $ .0150 Cu. Ft. State cylinder size being Bid: 125 cu. ft./cyl. Per 2. a. Acetylene ......................... $ .094 Cu. Ft. State cylinder size being Bid: 145 cu. ft./cyl. Per b. Acetylene - small size cylinders .... $ .100 Cu. Ft. State cylinder size being Bid: 85 cu. ft./cyl. Per 3. Argon Gas ......................... $ .0459 Cu. Ft. State cylinder size being Bid: 336 cu. ft./cyl. Per 4. Arcox Gas ......................... $ .0459 Cu. Ft. r_ State cylinder size being Bid: 356 cu. ft./cyl. Per 5. CO2 Gas - small cylinders.......... $ .1078 lb. State cylinder size being Bid: 50 lbs/cyl. Per 6. Nitrogen, dry process 280........... $ .0194 Cu. Ft. State cylinder size being Bid: 304 cu. ft./cyl. 98-1-168 7. A. Prices given are quoted with Cylinder Demurrage Terms to apply as follows: Cylinders will be loaned free for (30) thirty days; thereafter $ .120 per day per cylinder demurrage charge will apply. B. Charge for lost cylinders: 130.00 Each. LOX by Tank Truck as Specified $ .2955 / gallon 98-1168 METROPOLITAN DAL._ COUNTY, FLORIDA ��/� METRO DADS v d STEPHEN P. CLARK CENTER GENERAL SERVICES ADMINISTRATION PROCUREMENT MANAGEMENT DIVISION SUITE 2350 Ill N.W. 1st STREET MIAMI. FLORIDA 33128-1989 (305) 375-5289 ADDENDUM NO. 1 April 17, 1998 TO: ALL PROSPECTIVE BIDDERS SUBJECT: BID NO. 0844-3/03-OTR-CW BID OPENING DATE: April 22, 1998 This Addendum is and does become a part of Bid No. 0844-3/03-OTR-CW entitled: Welding Gases and Liquid Oxygen for Various County Departments. Please note the following change(s):* *Correct Section 3.0, Paragraph 3.5, to read as follows: The industrial grade liquid oxygen shall be a minimum guaranteed purity 99.5%, less than 0.5% inert ingredients, 80 degrees F. dew point or lower, industrial grade "B" LOX. *Correct Section 3.0, Paragraph 3.6, second and third locations listed to read as follows: Four (4) each 15,000 gal. tanks *Correct Section 3.0, Paragraph 3.7,.to read as follows: ...and one gallon of LOX @ 70° equal 115.1 standard cubic feet. *Section 4.0, Item number 7. should read as follows: r NUMBER OF YEARS DISTRIBUTING LOX: ALL OTHER INFORMATION REMAINS THE SAME METROPOLITAN DADE COUNTY �wb William 13arviso, CPPB GSA Procurement Management Division W i; B I D NO �844-3/03-OT R-CW OPENING: 2:00 P.M. Wcdnesday DATE: April 22, 1998 MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID TITLE WELDING.GASES AND LIQUID OXYGEN FOR VARIOUS DADE COUNTY DEPARTMENTS FOR A TWO (2) YEAR PERIOD WITH COUNTY OPTION TO RENEW FOR THREE (3) ADDITIONAL YEARS ON A YEAR BY YEAR BASIS THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: BID DEPOSIT AND PERFORMANCE BOND: CATALOGUE AND LISTS: EQUIPMENT LIST: INDEMNIFICATION/INSURANCE: PRE -BID CONFERENCE/WALK-THRU RACE -CONSCIOUSNESS MEASURE: SAMPLES/INFORMATION SHEETS: SITE VISIT/AFFIDAVIT: SOURCE OF SUPPLY: TRADE CERTIFICATION: WRITTEN WARRANTY: FAIR SUBCONTRACTING PRACTICES: LISTING OF SUBCONTRACTORS & SUPPLIERS FOR INFORMATION CONTACT: (305) 375-3507 N/A N/A N/A SEE SECTION 2.0, Para. 2.11 N/A SEE SECTION 2.0, Para. 2.2 N/A N/A N/A N/A N/A N/A N/A WILLIAM GARVISO, CPPB MIAMI-DADE COUNTY GENERAL SERVICES ADMINISTRATION PROCUREMENT MANAGEMENT DIVISION 98-1168 INSTRUCTIONS FOR MAILING A BID IN RESPONSE TO A FORMAL BID SOLICITATION Each Bid Proposal submitted to the CLERK OF THE BOARD will have_ the following information clearly marked on the face of the envelope: > Bidder's name and return address > Bid Number > Opening date of Bid > Title of the Bid Failure to include this information may result in your Bid not being considered. The Bidder will submit each Bid Proposal, consisting of one original and three copies and any attachments in one envelope. Bid responses submitted at the same time for different Bid Solicitations shall be placed in separate'. envelopes and each envelope shall contain the information previously stated. Failure to comply with this requirement may result in the Bid from being considered. THE RESPONSIBILITY FOR OBTAINING AND SUBANiTTTING A BID TO THE CLERK OF THE BOARD ON OR BEFORE THE STATED TIME AND DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF THE BIDDER DADE COUNTY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ANY MAIL, PACKAGE OR COURIER SERVICE, INCLUDING THE U.S. MAIL, OR CAUSED BY ANY OTHER OCCURRENCE. ANY BID RECEIVED AFTER THE DATE AND T131E STATED IN THE INVITATION TO BID WILL NOT BE OPENED AND WILL NOT BE CONSIDERED. This Bid shall be submitted to the following address: CLERK OF THE BOARD Stephen P. Clark Center III N.W. 1st Street, 17th Floor. Suite 202 Miami, Florida 3312&1983 It is the policy of Metropolitan Dade County to comply with all requirements of the Americans with Disabilities Act (A.D.A). For .k.D. A. complaints call (305) 375-3566. The Bidder recommended for award shall be required to complete an A.D.A. affidavit in accordance with Resolution R-385-95 pricr to the award of a Bid Solicitation. Failure to complete the affidavit as required may result in the rescinding of the recommendation for award. 98-1168 a:boili-15 doc D.. 1 SECTION 1 GENERAL TERMS AND CONDITIONS 1.1 DEFINITIONS The term `Bid" shall refer to any offer(s) submitted in response to this Bid Solicitation. The term "County" shall -refer to Metropolitan Dade County. The term "Bidder" shall refer to anyone submitting a Bid in response to this Bid Solicitation. The term "Contractor" or "Successful Bidder" shall refer to the Bidder receiving an award as a result of this Bid Solicitation. The term `Bid Solicitation" shall mean this Bid Solicitation, the Bidder's response to this Bid Solicitation, as approved by the County in accordance with Administrative Order 3-2 and any purchase order or change order issued by the GSA Procurement Management Division. The term "GSA' shall refer to Dade County's General Services Administration Department. 1.2 CONTENTS OF BID A. General Conditions (1) It is the sole responsibility of the Bidder to become thoroughly familiar with the Bid requirements and all terms and conditions affecting the I erformance of this Bid Solicitation. Pleas of ignorance by the Bidder of conditions that exist, or that may exist will not be accepted as a basis for varying the requirements of the County, or the compensation to be paid to the Successful Bidder. (2) The Bidder is advised that this Bid Solicitation is subject to all legal requirements contained in the County's Administrative Order 3-2 and all other applicable 'County Ordinances and/or State and Federal Statutes. Where conflicts exist between this Bid Solicitation and these legal requirements, the higher authority shall prevail. a:boi15-15. doc I Rev. 6/ 13/97 B. Additional Information/Addenda (1) Request for additional information, explanation, clarification or interpretation must be made in writing to the GSA Procurement Management Division contact -person identified on the cover page 'of this Bid Solicitation. The request shall be received by GSA Procurement Management Division no later than fourteen (14) working days prior to the Bid opening date. Any request received after that time may not be reviewed for inclusion in this Bid Solicitation. The request- shall contain the requester's name, address, and telephone number. If transmitted by facsimile, the request shall also include a cover sheet, with the sender's facsimile number. (2) GSA Procurement Management Division will issue a response to any inquiry as it deems necessary, by written addenda, issued prior to the Bid opening date. The Bidder shall not rely on any representation, statement or explanation other than those made in this Bid Solicitation document or in any addenda issued. Where there appears to be a conflict between this Bid Solicitation, and any addenda issued, the last addendum issued will prevail. (3) It is the Bidder's responsibility to ensure receipt of all addenda and substitute Bid Proposal Forms. The Bidder shall verify with the GSA Procurement Management Division contact person, prior to submitting a Bid, that all addenda have been received. If applicable, the Bidder is required to submit the substitute Bid Proposal Forms and acknowledge the number of addenda received as part of this Bid Solicitation, by completing and signing the attached Addenda Acknowledgment Form. C_ Conflicts in this Bid Solicitation Where there appears to be a conflict between the General Terms and Conditions, the Special Conditions, the Technical Specifications, the ,Bid Proposal Section, or any addendum issued, the order of precedence shall be: the last addendum issued, the Bid Proposal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. D. Prices Contained in this Bid Solicitation (1) Prompt Payment Terms a. The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price for Bid evaluation purposes. g8_jis8 b. The Bidder is required to provide prompt payment terms in the space provided on the Bid Proposal signature page of this Bid Solicitation. 'If no prompt payment discount is being offered, the Bidder shallenter zero (0) for the percentage discount to indicate no discount. If the Bidder fails to enter a percentage, it is hereby understood and agreed that the payment terms will be 2% 20 days, effective after receipt of invoice or final acceptance, whichever is later. 1.3 PREPARATION AND SUBMISSION OF BID A. P=aration/Submission (1) The Bid Proposal Form shall be used when submitting a Bid.' Use of any other form shall result in the rejection of the Bidder's Proposal. (2) The Bid will either be typed or completed legibly in ink. The Bidder's authorized agent will sign the Bid Proposal Form in ink, and all 'corrections made by the Bidder will be initialed in ink by the authorized agent. The use of pencil or erasable ink or failure to comply with any of the foregoing may result in the rejection of the Bid. (3) Where there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. (4) The County will consider additional Bid Proposal(s) from the same Bidder for the same Bid Solicitation, provided that; (a) the additional Bid(s) offer a different product and/or level of service that meets or exceeds this Bid Solicitation requirements; (b) .the Bidder completes a separate Bid Proposal Form for each Bid and shall mark "Alternate Bid(s)" on the first page. Failure to comply with the foregoing may result in the rejection of the additional Bid(s). (5) Unless otherwise specified in the Special Terms and Conditions, the proposed delivery and/or completion time, if required, shall be stated in calendar days. (6) The Bidder shall not charge tax, as the County is exempt from all State, Excise, Federal and Local sales tax. Not withstanding, any tax on materials and/or supplies which are purchased by the Bidder, in conjunction with this Bid Solicitation shall be subject to the Florida State Sales Tax, in accordance with Section 212.08 of Florida Statutes, amended 1970, and all amendments thereto, shall be borne solely by the Bidder. When the materials and/or supplies are not manufactured by the Bidder, taxes must be incorporated in the Bid price, not as a separate item. When materials and/or supplies are manufactured by the Bidder and are not for resale, the County is exempt. QQ 9—'7 x boiI5-15. doc 3 Rev. 6113/97 The County may be subject to applicable taxes on goods purchased for the purpose of resale. Upon request, the County will provide a tax exemption certificate, if applicable. Any special tax requirements -Rill be .specified either in the Special Conditions or in the Technical Specifications. (7) Any telegraphic or facsimile Bid will not be. considered. (8) The Bidder shall incorporate in their Bid price all costs related to this Bid Solicitation. (9) The apparent silence of the specifications and. any addenda regarding any details or the omission from the specifications of a' detailed description, concerning any point shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of the specifications shall be made upon the basis of this Bid Solicitation. B. Vendor Registration Dade County requires the Bidder to complete a registration application with GSA Procurement Management Division. The Bidder must be registered to be recommended for any contract award: To register, or for assistance in registering, contact (305) 375-5287. C. Criminal Conviction Disclosure Pursuant to Metro -Dade County Ordinance No. 94-34, "Any individual who has been convicted of a felony during the past ten (10) years and any corporation, partnership, joint venture or other legal entity having an officer, director, or executive who has been convicted of a felony during the past ten (10) years shall disclose this information prior to entering into a Contract with or receiving funding from the County." .Forms are available from GSA Procurement Management Division. D. Sworn Statement on Public Entity Crimes Pursuant to Paragraph 2(a) of Section 287.133., Florida Statutes, "Any person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a Bid Solicitation to provide goods and/or services to a public entity, may not submit a Bid on a Bid Solicitation with a public entity for construction or repair of a public building or public work, may not submit a Bid on leases of real property to a public entity, may not be awarded or perform work as a Contractor or, supplier, or subcontractor or consultant under a Bid Solicitation with any public entity, and may not transact business with any public entity in excess of 98-1168 the threshold amount provided in Section 287.017, for CATEGORY TWO ($10,000.00) for a period of thirty-six (36) months from the date of being placed -on the convicted vendor list." E. Minority and Disadvantaged Business Enterprises The County endeavors to obtain the participation of all minority and disadvantaged business enterprises. For information and to apply for certification, contact the Department of Business Development, 111 N.W. 1st Street, Suite 1710, Miami, FL '33128, Phone:. (305) 3.75- 4132. F. Business Activity With and Travel To Cuba Pursuant to Metro -Dade County Resolutions Nos. 202-96 and 206-96 as implemented by Administrative Order 3-12, which restricts purchases from a firm conducting business with Cuba, and restricting travel to Cuba by the Successful Bidder, respectively, the Bidder shall .be required to complete a Cuba affidavit prior to the award of this Bid Solicitation. Failure to complete the affidavit, may result in the rejection of the Bidder's Proposal and/or rescinding of the recommendation for award. G. Collection of Fees. Taxes and Parking Tickets By acceptance of this Contract, the Successful Bidder acknowledges compliance with the procedures contained in Section 2-8.1 (c) of the Code of Metropolitan Dade County, and as amended by Ordinance 96- 178, which requires that all delinquent and currently due fees, taxes and parking tickets have been paid. To verify or satisfy all delinquencies and currently due fees, taxes and parking tickets, contact the Dade County Tax Collector's Division at (305) 375-5762. H. Antitrust Laws By acceptance of this Contract, the Successful Bidder complies with all antitrust laws of the United States and the State of Florida, in order to protect the public from restraint of trade which illegally increases prices. 1.4 MODIFICATION OR WITHDRAWAL OF A BID A. Modification of a Bid Any modification by the Bidder to a Bid shall be submitted to the CLERK OF THE BOARD prior to the time and date set for Bid opening. The Bidder shall submit the new Bid Proposal Form and a letter, on company letterhead, signed by an authorized agent of the Bidder stating that the new submittal supersedes the previously _ c R xboi15-15.doc 5 ``ev.6/13/97 [� submitted Bid Proposal. The sealed envelope shall contain the same information as required for submitting the original Bid. In addition, the envelope shall contain a statement that this Bid replaces the previously submitted Bid. No modifications of a Bid shall be accepted after the Bid has been opened. B. Withdrawal of a Bid A Bid shall be irrevocable unless the Bid is withdrawn as provided - herein. A Bid may be withdrawn only by written letter received by the CLERK OF THE -BOARD prior- to the Bid opening date. A Bid may also be withdrawn ninety (90) days after the Bid was opened and prior to award, by submitting a letter to the contact person identified on the front cover of this Bid Solicitation. The withdrawal letter must be on company letterhead and signed by an authorized agent of the Bidder. 1.5 EVALUATION OF A BID A. Reiection of Bid (1) The County may reject any Bidder's Proposal and award to the next lowest responsivelresponsible. Bidder or, The County may reject and re -advertise for all or any part of this Bid Solicitation, whenever it is deemed in the best interest of the County. The County shall be the sole judge of what is in its "best interest." (2) The County may reject any Bid if prices are not fair and reasonable, as determined by the County, and/or exceed the County's estimated budget for this Bid Solicitation or; If the Bidder take exceptions to or modifies the terms and conditions of this Bid Solicitation. The County shall be the sole judge of what is "fair and reasonable." B. Elimination from Consideration This Bid Solicitation shall not be awarded to any person or firm which is in arrears to Dade County upon any debt, taxes, or Contract which is defaulted as surety or otherwise upon any obligation to the County. C. Waiver of Informalities The County reserves the right to waive any informalities or irregularities in this Bid Solicitation. 98-1168 a'boi15-15 rinr D. Demonstration of Competency (1) A Bid will only be considered from a firm which is regularly engaged in the business of providing the goods and/or services required by this Bid Solicitation. The Bidder must he able to demonstrate a good record of performance and have sufficient financial resources, equipment and organization to ensure that they can satisfactorily provide the goods and/or services if awarded this Bid Solicitation. (2) The County may conduct a pre -award inspection of the Bidder's site or hold -a -pre-award qualification hearing to' determine if the Bidder possesses the requirement as outlined in the above paragraph, and is capable of performing the requirement of this Bid Solicitation. The County. may consider any evidence available regarding the financial, technical and other qualifications and abilities of the Bidder, including past performance (experience) with the County or any other governmental entity in making the award. (3) The County may require the Bidder to show evidence that they have been designated as an authorized representative of a manufacturer, supplier and/or distributor, if required by this Bid Solicitation. (4) Dade County reserves the right to audit all records pertaining to and resulting from any award from this Bid Solicitation, financial or otherwise. E. Copy of Bid Tabulation The Bidder who desires to receive a copy of the- Bid tabulation shall enclose a self-addressed/stamped envelope (correct size of envelope and postage is a must depending on the amount of information involved) when submitting its Bid Proposal. Bid results will not be given out by telephone or facsimile. 1.6 AWARD OF BID SOLICITATION A. Contract This Bid Solicitation, any addenda and/or properly executed modifications, the purchase order (if issued), and a change order (if applicable), constitute the entire Contract. B. Tie Bid Any tie Bid will be decided by the Director of Procurement or designee, and according to Ordinances Nos. 94-166 and 96-26 and Resolution No. 50-96, when applicable. a.boi15-15.doc 7 Rev. 6/13/97 C. Additional Information The award of this Bid Solicitation may be preconditioned on the subsequent submission of other documents, as specified in the Special Conditions or Technical Specifications. The Successful Bidder shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by . the County. Where the Successful Bidder is in default of the contractual requirements, the County, through action taken by GSA Procurement Management Division, may rescind the award. D. Term of Contract The term of this Bid solicitation shall be specified on one ' of three documents; issued to the Successful Bidder. These documents may either be this Bid Solicitation, a purchase order or an award sheet. E. Contract Extension The County reserves the right to automatically extend this Contract for up to ninety (90) calendar days beyond the stated Contract term. The County shall notify the Successful Bidder in writing of such extensions. Additional extensions over the first ninety (90) day extension may occur, if, the County and the Successful Bidder are in mutual agreement of such extensions. If this F. Warranty Any implied warranty granted under the Uniform Commercial Code shall apply to all goods purchased under this Bid Solicitation. G. Estimated Quantities Estimated quantities or estimated dollars, if provided, are for Bidder's guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the Contract period. The County is not obligated to place any order for a given amount subsequent to the sward of this Bid Solicitation. Estimates are based upon the County's actual needs and/or usage during a previous Contract period. Said estimates may be used by the County for purposes of determining the low Bidder meeting specifications. H. Non -Exclusive Contract 00 Although the purpose of this Bid Solicitation is to secure a Contract that can satisfy the total needs of the County or of a specific County agency, it is hereby agreed and understood that this Bid Solicitation does not constitute the exclusive rights of the Successful Bidder to GO receive all orders that may be generated by the County in conjunction with this Bid Solicitation. In addition, any and all commodities, equipment, and service required by the County in conjunction with construction projects are solicited under a distinctly different bid process and shall -not be purchased undef the terms, conditions and awards rendered under this Bid Solicitation, unless such purchases are determined to be in the best interest of the County. I. Local Preference The award of this Bid Solicitation is subject to Ordinances Nos. 94-166 and .96-26 and -Resolution -No' 50-96; which, except where federal or state law mandates to the contrary, allow preference to b6 given to a local business in the amount of one and one-half percent (1:5%) for Dade County and one percent (1%) for Broward County of the Bid Proposal price. For the.purposes of the applicability of this Ordinance, "local business" means the Bidder has its headquarters located in Metropolitan Dade or Broward Counties or has a place of business 'located in Metropolitan Dade or Broward Counties at which it will produce, distribute and/or perform a substantial portion of the goods and/or services to be purchased. K. Limited Contract Extension Any specific work assignment which commences prior to the termination date of the Contract and which will extend beyond the termination date shall, unless terminated by mutual written agreement by both parties, continue until completion at the same prices, terms and conditions as set forth in this Bid Solicitation. 1.7 RIGHT OF APPEAL Any Bidder may protest any recommendation for Contract award or rejection of all Bids, in accordance with the procedures contained in Sections 2-8.3 and 2-8.4 of the Code of Metropolitan Dade County, as amended by, Ordinances Nos. 95-201 and 95-126, and as established in Administrative Order 3-21. r A. Bid Award Over $500,000.00 This Bid award recommendation will be in writing, signed by the Director of GSA Procurement Management Division or designee and filed with the Clerk of the Board. The Bidder shall have ten (10) business days after the filing of an award recommendation to file a written protest with the Clerk of the Board. As a condition of initiating a protest of award recommendation, the Bidder shall post at the time of filing a Surety Bond ( cashier's check or money order ) in the amount of $500.00 payable to the Board of County Commissioners. Failure to file the proper Bond at the time of filing the protest, will result in denial of the protest. If, the Hearing Examiner's ruling is in favor c a:boi15-15.doc 9 Rev. 6/13/97 of the County's recommendation, the Bidder's Bond will be forfeited and the County will seek all costs and attorney's fees. B. Bid Award Over $25.000.00 but'less than $500,000.00 This Bid award recommendation will be posted by 9:00 AM., every Monday in the lobby of the Stephen P. Clark Building. It shall be the responsibility of the Bidder to monitor such Bulletin Board after the Bid opening to ascertain that a recommendation for award has been made. In addition, the Bidder can call the Bid Award Line at (305) 375-4724 or (800) 510-4724, or contact the person identified on the cover page of this Bid Solicitation. The. Bidder shall have. five business (5) days after the posting of an award recommendation to file a written protest with General Services Administration. Procurement Management Division or the using department awarding this Bid Solicitation. The Bidder shall post at the time of filing, a Surety Bond ( cashier's check or money order ) in the amount of S500.00 payable to General Services Administration. Procurement Management Division or the using department awarding this Bid Solicitation. Failure to submit the proper Bond at the time of filing the protest, will result in denial of the protest. If, the County's recommendation prevails, the Bidder's Bond will be forfeited and the County will seek all costs and attorney's fees. C. Bid Award of $25 000.00 or less This Bid award recommendation is final and may not be protested. 1.8 CONTRACTUAL OBLIGATIONS. A. Rules, Regulations, Licensing Requirements The Successful Bidder shall comply with all laws and regulations .applicable to the goods and/or services contained in this Bid Solicitation. The Bidder is presumed to be familiar with all Federal, State and local laws, ordinances, codes and regulations that may in any way affect the goods and/or services offered. B. Conditions of Material and Packaging (1) Unless otherwise specified in the Special Conditions -or Technical Specifications, all containers shall be suitable for shipment and/or storage and comply with the County's Recycled Packaging Resolution 4..i No. R738-92. I. (2) All goods furnished shall be fully guaranteed by the Successful Bidder against factory defects and workmanship. Any defects which may occur within the period of the manufacturer's • standard and/or any implied warranty shall be corrected by the Successful Bidder at no expense to the County. The standard manufacturer's warranty may be superseded by the Special Conditions. C. Subcontracting (1) Unless otherwise specified in this Bid Solicitation, the Successful Bidder shall not subcontract any portion of the work without the prior written consent of the County. The ability to subcontract may be further limited by the Special Conditions. , Subcontracting without the .prior consent of- the -County may -result in termination of this Bid Solicitation for default. (2) Quarterly reporting when a subcontractor is utilized: The Successful Bidder is advised that when a subcontractor is utilized to fulfill the terms and conditions of this Bid Solicitation, Dade County Resolution No. 1634-93 will apply to this Bid Solicitation. This resolution requires the Successful Bidder to file quarterly reports as to the amount .of Contract monies received from the County and the amount that have been paid by the Successful Bidder directly to certified Black, Hispanic and Women -Owned businesses, performing part of this Bid Solicitation work. Additionally, the listed businesses are required to sign reports, verifying their participation in this Bid Solicitation work and their receipt of such monies. The requirements of this resolution shall be in addition to any other reporting requirements by Federal, State or local laws, ordinances or administrative orders. (3) Where subcontracting is permitted, the Successful Bidder shall obtain consent of the County prior to utilizing the subcontractor. All actions of any subcontractor are the sole responsibility of the Successful Bidder. Note: This requirement is separate and independent from any requirements that may be contained in the Special Conditions, Paragraph 2.2. T D. Assignment The Successful Bidder shall not assign, transfer, or otherwise dispose of this Contract, including any rights, title or interest therein, or their power to execute such Contract to any person, company, or corporation without the prior written consent of the County. E. Delivery Unless otherwise specified in this Bid Solicitation, prices quoted shall be F.O.B. Destination with freight included in the proposed price. !.8-1. 68 a:boi15-15. doc 11 Rev. 6/ 13/97 F. Fmvloyee Is the Responsibility of the Successful Bidder The employee of the Successful Bidder shall be considered to. be, at all times, employee of the Successful Bidder under its sole direction and -not an employee or agent of the County. The Successful Bidder shall supply a competent and physically capable employee. The County may require the Successful Bidder to remove an employee it deems unacceptable. Each employee shall wear proper identification. G. Indemnification of County by the Successful Bidder The Successful Bidder shall indemnify and hold harmless -the County and its- officers, employees, ' agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and 'costs of defense, which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits causes '%of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the Agreement by the Successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The Successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. The Successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. H. Protection of Property All existing structures, utilities, services, roads, trees, shrubbery, etc. shall be protected against damage or interrupted services at all times by the Successful Bidder during the term of this Contract. The Successful Bidder shall be held responsible for repairing or replacing property, to the satisfaction of the County, which is damaged by reason of the Successful Bidder's operation on County property. 1.9 MODIFICATION OF THE CONTRACT The Contract may be modified by unilateral action of the County or by mutual consent, in writing, and through the issuance of a modification to the Contract, purchase order, change order or award sheet, as appropriate. 98-1168 1.10 TERMINATION OF CONTRACT A. Termination for Convenience The County, at its sole discretion, may terminate this Contract without cause by providing the Successful Bidder with thirty (30) day advance notice. Upon the receipt of such notice, the Successful Bidder shall not incur any additional costs under this Contract. The County shall be liable only for reasonable costs incurred by the Successful Bidder, as determined by. the County, regardless of the -method of payment required 'by this Contract. The County shall be the sole judge of "reasonable costs." B. Termination for Default The County may terminate this Contract upon the failure of the •• . Successful Bidder to comply with any provision and/or requirements of this Contract. The County's decision not to take action upon failure of the Successful Bidder to perform shall not be construed as a waiver of the ability of the County to take additional action at a later date and time. The County shall also have the ability to place the Successful Bidder on probation and/or terminate any portion of this Contract. The date of termination shall be stated in a written notice to the Successful Bidder. In the event the Successful Bidder is terminated for default, the County reserves the right to re -procure the goods and/or services from the next lowest responsive responsible Bidder or re -solicit the goods and/or services. The County may further charge the Successful Bidder any differences in cost between the Successful Bidder's price and the re - awarded price and/or any costs associated with re -awarding or re - .soliciting this Contract. The County may also debar or suspend the Successful Bidder from conducting business with the County, and/or eliminate the defaulted Contractor from consideration in future Bid Solicitation, in accordance with appropriate County ordinances, resolutions and/or administrative orders. 1.11 ORDINANCES, RESOLUTIONS AND/OR ADMINISTRATIVE ORDERS To request a copy of any ordinance, resolution and/or administrative order cited in this Bid Solicitation, the Bidder must contact the Clerk of the Board at (305) 375-5126. METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW SECTION 2.0 SPECIAL CONDITIONS WELDING GASES AND LIQUID OXYGEN FOR VARIOUS DEPARTMENTS 2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY The purpose of this Invitation To Bid is to establish a contract for the purchase of Welding Gases and Liquid Oxygen in conjunction with the County's needs on an as needed when needed basis. 2.2 Intentionally Omitted 2.3 Intentionally Omitted 2.4 TERM OF CONTRACT: TWENTY FOUR MONTHS This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, unless otherwise stipulated in the Notice of Award Letter which is distributed by the County's GSA Procurement Management Division; and contingent upon the completion and submittal of all required bid documents. The contract shall remain in effect for twenty four (24) months and upon completion of the expressed and/or implied warranty period. 2.5 OPTION TO RENEW FOR THREE ADDITIONAL YEARS (With Price Adjustment) The prices for a -one year period from effective date shall be consistent with, the provisions outlined in section 2.7 of these terms and conditions; at which time Dade County shall have the option to renew for an additional three (3) years on a year to year basis. At that time Dade County will consider adjustment to price based on Consumer Price Index-Miami/Ft Lauderdale area. It shall be further understood that the County reserves the right to reject any price adjustments submitted by the bidder and/or to terminate the contract with the bidder based on such price adjustments. Continuation of the contract beyond the initial period is a County prerogative; not a right of the bidder. This prerogative may be exercised only when such continuation is clearly in the best interest of the County. T NOTE: SHOULD THE COUNTY EXERCISE THE OPTION TO RENEW, IT SHALL BE ONLY FOR THOSE ITEMS ORIGINALLY AWARDED. 2.6 METHOD OF AWARD: To Low Bidder by Group Award of_ this contract will be made to the lowest responsive, responsible bidder on a group by group basis. To be considered for award by group, the bidder shall offer prices for all items within the group. If bidder fails to bid on all items within a group its bid shall be declared non -responsive for the corresponding group. 2.7 PRICES SHALL BE FIXED WITH ADJUSTMENTS ALLOWED If the bidder is awarded a contract under this bid solicitation, the prices proposed by the bidder shall remain fixed for a period of Page 1 9S-116S METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW Three -hundred sixty five (365) days after the commencement of the contract. After this period, the vendor may submit a price adjustment - to the County based on the CPI -Miami Ft. Lauderdale area. Increases shall be submitted to the County, and approved by the County's GSA Procurement Management Division through the issuance of a Memorandum of Understanding to the existing purchase order prior to the effective date of the price adjustment. It shall be further understood that the County reserves the right to reject any price adjustments submitted by the bidder and/or to terminate the contract with the bidder based on such price adjustments. 2.8 EXAMINATION OF -SITES FOR LIQUID OXYGEN (RECOMMENDED): Prior to submitting its proposal it is advisable that the bidder visit the site of the proposed work and become familiar with any conditions which mpy in any manner affect the work to be done or affect the equip- ment, materials and labor required. The bidder is also advised to examine carefully the drawings and specifications and to become thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. For site visitation appointment and for any additional information required regarding the specifications and requirements of this bid contact J. Cummings at (305) 361-2579 or 361-5497 for appointment. 2.9 Intentionally Omitted 2.10 Intentionally Omitted 2.11 INDEMNIFICATION AND INSURANCE - (12) - CONSTRUCTION RELATED CONTRACTS INVOLVING LP GAS INSTALLATION Provider shall indemnify and hold harmless the County and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense,., which the County or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of , relating to or resulting from the performance of this Agreement by the Provider or its _employees, agents, servants, partners principals or subcontractors. Provider shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the County, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may issue thereon. Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County or its officers, employees, agents and instrumentalities as herein provided. Page 2 S - 11 `) R METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW The vendor shall furnish to Bid Section, Metropolitan Dade County, c/o Procurement Management Division, 111 N.W. 1st Street, Suite 2350, -_ Miami, Florida 33128-1989, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440. B. Public Liability on a comprehensive basis in an amount not less than $300',000 combined single limit per occurrence for bodily injury and property -damage. Policy shall be endorsed to include Broad Form Property Damage, to include the .perils or underground collapse and explosion. Dade County must be shown as an additional -insured with respect to this coverage. C. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the work, in an amount not les-s than $300,000 combined single limit per occurrence for bodily injury and property damage. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the vendor. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject to the approval of the County Risk Management Division. or The company must hold a valid Florida Certificate of Authority as shown in the latest "List of All Insurance Companies - Authorized or Approved to Do Business in Florida", issued by the State of Florida Department of Insurance and are members of the Florida Guaranty Fund. Certificates will indicate no modification or change in insurance shall be without thirty (30) days written advance notice to the certificate holder. NOTE: DADE COUNTY BID NUMBER AND TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this Agreement. Page 3 9 8" � 1 c METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW Issuance of a purchase order is contingent upon the receipt of the insurance documents within fifteen (15) calendar days after Board of County Commission approval. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Invitation To Bid, the Bidder shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the County. If the Bidder fails to submit the required insurance documents in the manner prescribed in this Invitation To Bid within twenty (20) calendar days after Board of County Commission approval, the Bidder shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder may be prohibited from submitting future Proposal to the County in accordance with Section 1.0, para. 1.6 of the General Terms and Conditions. The Bidder shall be responsible for assuring that the, insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option years that may be granted to the Bidder in accordance with Section'2.5 of the Special Conditions. If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the County at a minimum of thirty (30) calendar days in advance of such expiration. In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the County shall suspend the contract until such time as the new or renewed certificates are received by the County in the manner prescribed in the Invitation To Bid; provided, however, that this suspended period does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30) calendar days, the County may, at its sole discretion, terminate this contract for cause and seek re -procurement charges from the Bidder in conjunction with Section 1.10 of the General Terms and Conditions. 2.12 Intentionally Omitted 2.13 Intentionally Omitted 2.14 Intentionally Omitted 2.15 METHOD OF PAYMENT:• PERIODIC INVOICES FOR COMPLETED PURCHASES The successful vendor(s) shall submit an invoice(s) to the requesting department(s) after purchase has been completed, whether picked up by authorized County personnel or delivered to the site by the vendor. Theinvoic-es shall reference the appropriate purchase order number, the delivery address, and the corresponding delivery ticket number or packing slip number that was signed by an authorized representative of the County department when the items were delivered and accepted. Submittal of these periodic invoices shall not exceed thirty (30) calendar days from the delivery of the items. Under no circumstances shall the invoices be submitted to the County in advance of the delivery and acceptance of the items. 98-1_168 Page 4 METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW 2.16 SHIPPING TERMS: F.O.B. DESTINATION All bidders shall quote prices based on F.O.B. Destination and shall hold title to the goods until such time as they are delivered to, and accepted by, an authorized County representative from the ordering Department. 2.17 DELIVERY SHALL BE TWO (2) DAYS AFTER ORDER IS PLACED BY THE COUNTY The bidder shall make deliveries within two (2) calendar days after the date that the County department orders the items. All deliveries shall be made in accordance with good commercial practice and shall be adhered to by the successful bidder(s); except in such cases where the delivery will 'be delayed due to acts of God, strikes, or other causes beyond the control of the bidder. In these cases, the bidder shall notify the County. of the delays in advance of the delivery date so that a revised delivery schedule can be negotiated. Should the bidder(s) to whom the contract(s) is awarded fail to deliver in the number of days as. stated in its proposal, the County reserves the right to cancel the contract after any back order period which is specified in the Special Conditions has lapsed. If the contract is cancelled, it is hereby understood and .agreed that the County has the authority to purchase the goods elsewhere and to charge the bidder with any re -procurement costs. The Bidder shall only be authorized to deliver items between the hours of 8:00 a.m. and 2:00 p.m. 2.18 BACK ORDERS SHALL NOT BE ALLOWED The County shall not accept any back orders of deliveries from the bidder. Accordingly, the bidder is required to deliver all items to the County within the time specified in this solicitation; and no grace period shall be honored. In the event that the bidder fails to deliver the goods within the time specified, the County reserves the right to cancel the order, seek the items from another vendor, and charge the bidder for any re -procurement costs. 2.19 Intentionally Omitted 2.20 CONTACT PERSONS: For any additional information regarding the specifications and requirements of this contract, Contact: William Garviso at (305) 375-3507. 2.21 ACCEPTANCE OF PRODUCT BY THE COUNTY: The products shall be maintained and delivered to the County in excellent condition. If a product does not meet specifications, it will be returned to the bidder as exchange for suitable merchandise or for full credit at no additional cost to the County. Page 5 98-1168 METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW 2.22 ACCIDENT PREVENTION AND REGULATIONS: Precautions shall be exercised at all times for the protection of persons and property. All Contractors and Sub -Contractors shall conform to all OSHA, State and County regulations while performing under the Terms and Conditions of this contract. Any fines levied by the above mentioned authorities because of inadequacies to comply with these requirements shall be borne solely by the bidder responsible for same. 2.23 ADDITIONAL FACILITIES MAY BE ADDED: Although this_ Solicitation identifies specific facilities to be serviced, it is hereby agreed and understood that any County department or agency facility may be added to this contract at the option of the County. Successful bidder(s) under this contract shall be invited to submit price quotes for these new facilities. If these quotes are comparable with prices offered for similar services, the awards) shall be made to the lowest responsible bidder(s) meeting specifications in the best interest of the County and a separate purchase order shall be issued by the County. Notwithstanding, the successful bidder does not have an exclusive right to these additional sites. The County may determine to obtain price quotes for the additional facilities from other bidders in the event the County does not find the price quotes comparable. 2.24 AUTHORIZATION TO PICK-UP MATERIALS: Dade County employees are authorized to pick-up materials against purchase orders issued to the successful bidder(s). Such authorization is provided for the County employee through an "Authorization to Pick -Up Materials" (Dade County Form No. 160.04.17) who shall surrender the form to the bidder during each purchase. If the bidder is in doubt about the authenticity of the person picking up the material, the bidder shall contact Procurement Management for assistance at 375-5289. 2.25 AVAILABILITY OF CONTRACT TO OTHER COUNTY DEPARTMENTS Although this Solicitation is specific to a County Department, it is hereby agreed and understood that any County department or agency may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Under these circumstances, a separate purchase order shall be issued by the County which identifies the requirements of the additional County department(s) or agency(ies). 2.26 COMPLIANCE WITH FEDERAL STANDARDS: All items to be purchased under this bid shall be in accordance with al.l governmental standards, to include, but not limited to, those issued by the Occupational Safety and Health Administration (OSHA),the National Institute of Occupational Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). Page 6 METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW 2.27 COUNTY-WIDE/STATE-WIDE USAGE Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all items specified herein from the successful bidder(s) at the contract price(s) established herein. Each Governmental, not -for -profit or quasi -governmental entity which uses a contract(s) resulting herefrom, will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments, determine shipping terms and issue its own exemption certificates as required by the bidder. It is understood that unless specified in Section 2, paragraph 2.16, entitled "Shipping Terms", all prices shall be quoted, "FOB Destination." For entities other than those belonging to Miami -Dade County or those located outside of the geographical boundaries of Miami -Dade County, the successful vendor shall be entitled to ship goods on an "FOB Destination, Prepaid and Charged Back" basis. This allowance shall only be made when expressly authorized by a representative of the entity, prior to shipping the goods. It is also understood and agreed that Dade County is not a legally binding party to any contractual agreement made between any governmental unit and the bidder as a result of this bid. SURCHARGE FEE AND QUARTERLY SUMMARY REPORT Pending approval of a Surcharge Ordinance by the Miami -Dade Board of County Commissioners, please be advised that this contract will be subject to a user surcharge fee in the amount of 2% on all sales under this contract or any contract resulting from this solicitation, including, but not limited to, all Municipalities the commodities and/or services awarded as a result of this contract, and utilize the County contract price.and the terms and conditions identified herein. After receipt of payment from such purchases, all applicable surcharge fees shall become payable to: Board of County Commissioners.: r Vendors shall be required to furnish the attached Quarterly Surcharge Payment Report in a timely manner. Quarterly reports and all applicable payments must be submitted to GSA/Accounts Receivable, no later than 15 days after the end of each quarter, regardless of the value of sales during the preceding quarter. By submission of these sales summary reports and corresponding surcharge fees, the vendor is attesting to their correctness. All such reports and fees shall be subject to audit by Miami -Dade County. Failure to submit the following Quarterly Surcharge Payment Report and make applicable payments in a timely manner, may result in termination or cancellation of contract with the non -conforming vendor and any and all remedies relating to the collection of such fees shall be enforceable. Additionally, any reprocurement charges may be charged Page 7 98-1168 METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW to the vendor in default. Willful failure or falsification of sales reports or failing to make timely payments of the surcharge fee shal 1 _.,_ constitute sufficient cause for terminating the contract for cause of the non -conforming vendor. 91S- I t 6 S' Page 8 METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW MIAMI-DADE COUNTY General Services Administration/Procurement Management Division 111 N.W. 1st Street Suite 2350 MIAMI, FLORIDA, 33128 (305) 375-5289) Vendor Instructions for Completing Quarterly Surcharge Payment Report: 1) Complete section 1, 2, 3, 4, and sign form. 2) Total payment due this quarter and balance due from previous quarters. 3) Enter amount of total amount paid with this summary. 4) Make check -payable to Board of County Commissioners. 5) Attach check to report form and remit -to: GSA/Accounts Receivable 111 NW 1st Street Suite 2410 Miami, FL 33128 NOTE: Quarterly report must be submitted to GSA/Accounts Receivable, no later that 15 days after the end of each quarter, regardless of the value of sales during the preceding quarter. I Start of Quarter 1st Quarter - January 1 - March 31 2nd Quarter - April 1 - June 30 3rd Quarter - July 1 - September 30 4th Quarter - October 1 - December 31 Report/Check (If Applicable) Due April 15 July 15 October 15 1 January 15 Page 9 98 -1168 METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW MIAMI-DADE COUNTY General Services Administration/Accounts Receivable 111 NW 1st Street Suite 2410 Miami, Florida 33128 (305) 375-4143 QUARTERLY SURCHARGE PAYMENT REPORT SECTION 1 - Vendor/Contract Information: Date Submitted _,/ / Vendor Name FEIN # Address City State Zip Code Contact Person Phone#, FAX# E-Mail Contract# Tile Applicable Surcharge: 2% SECTION 2 - Applicable Reporting Period: (Check One) Jan. 1 - March 31 July 1 - Sept. 30 April 1 - June 30 SECTION 3 - Summary: Oct. 1 - Dec. 31 1) Total Sales for Contract this Quarter 2) Total Payment Received this Quarter 3) 2x of Sales owed to County for this Quarter 4) Payment to County for Past Quarter(s) 5) Balance Still Due for Payments Not Received DUE WITH SUMMARY (TOTAL LINES 3 AND 4) 98-116S Page 10 METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW Use Additional Sheets if Needed SECTION 4 - Sales From All Users Accessing this Contract During Period: (1) Entity Vame/Total >ales During )eriod f (2) Payment Received From Entity (3) Payment due to Dade County for this quarter (2% of Sales) $ i Amount Enclosed For This Quarter (3) Amount Enclosed For Previous Quarters (4) TOTAL ENCLOSED (line 3 and 4) (4) Payment to Dade County for Past Quarter(s) $ $ (5) Balance Still Due to County for Payment Not. Recei ved S By submission of this Quarterly Surcharge Payment Report and correspondin surcharge fees, I certify the correctness of th information. I understand that all reports and fees may be subject to an audit b. Miami -Dade County or designee. Authorized Signature Page 11 Title/Position Held Date 98-1168 METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW IMPORTANT NOTICE TO VENDORS This bid contains contractual language which allows municipal and quasi - governmental entities to access the terms and conditions of the contract. After award the following entities will receive copies of our contract Award Sheet. Please feel free to contact the Purchasing Agents listed below to promote the usage of the commodities or services that you were awarded. 1998 COUNTY -WIDE KEY CONTACT LIST TOWN OF BAY HARBOR ISLANDS ATTN: Joseph Fox Sup. Public Works 9665 Bay Harbor Terrace Bay Habor Islands, FL 33154 CITY OF CORAL -GABLES Att: Wayne Moody, Sr. 340 San Lorenzo Avenue Coral Gables, Florida CITY OF NORTH MIAMI BEACH Att: Lynn Gribble Purchasing Agent 17011 N.E. 19th Avenue North Miami Beach, Florida 33162 TOWN OF SURFSIDE Buyer Att: Jeffrey I. Naftal,Town Clerk 9293 Harding Avenue 33146 Surfside, Florida 33154 CITY OF HIALEAH Att: Manuel Rodriguez 501 Palm Avenue Room 304 Hialeah, Florida 33011 CITY OF HOMESTEAD Att: Michael A. Rath, Purchasing Direc 790 Homestead Boulevard Homestead, Florida 33030-6299 CITY OF MIAMI BEACH Att: Judith M. Ford, Procurement Director 1700 Convention Center Drive Miami Beach, Florida 33139 THE CITY OF MIAMI Att: Judy S. Carter, Director 400 S.W. 2nd Avenue Miami, FL 33130 CITY OF NORTH MIAMI Att: Pam Thompson, Director `P.O. Box 610847 North Miami, Florida 33261-0847 CITY OF BOYNTON BEACH Att: Lana Koester, Purchasing Agent P.O. Box 310 Boynton Beach, Florida 33425-0310 VILLAGE OF KEY BISCAYNE Att: Jack Neustadt, Finance Director 85 W. McIntry Street Key Biscayne, FL 33149 VILLAGE OF VIRGINIA GARDENS Att: Paul Bithorn, Mayor 6498 N.W. 38th Terrace Virginia Gardens, FL 33166 UNIVERSITY OF MIAMI Att: Purchasing Department. Director of University Purchasing P.O. Box 248184 Coral Gables, FL 33124 INDIAN CREEK VILLAGE ATT: Melissa Garcia 9080 Bay Drive Indian Creek, FL 33154 .8-1168 Page 12 METROPOLITAN DADE COUNTY CITY OF AVENTURA ATT: Glen Marcos, Director 2999 NE 191st Street Aventura, FL 33187 CITY OF NORTH BAY VILLAGE -POLICE DEPT. Att: F.B. Dunphy, Chief of Police 7903 East Drive North Bay Village, FL 33141 MIAMI DADE COMMUNITY COLLEGE Att: Linda Pagliaro Director of Purchasing 11011 S.W.. 104th Street Miami, FL 33176 CITY OF OPA-LOCKA Att: Rona M. Sandler, Purchasing Director 12950 Lejune Rd Opa-Locka, FL 33054 CITY OF OAKLAND PARK Att: Larry Fagen, Purchasing Agent 3650 N.E. 12th Avenue Oakland Park, FL 33334 BAL HARBOUR VILLAGE Att: Kim Prior, Purchasing 655 96th Street Bal Harbour, Florida 33154 BROWARD COMMUNITY COLLEGE Att: Janet Rickenbacker, Purchasing Director 225 E. Las Olas Blvd. Ft. Lauderdale, --FL 33301 BID NO. 0844-3/03-OTR-CW CITY OF HALLANDALE Att: E. Dent McGough, Director Central Services Department 400 S. Federal Highway Hallandale, Florida 33009 MIAMI SHORES VILLAGE ATT: John Rumble/Scott Davis Purchasing Department 1701 N.W. 103 Street Miami Shores, FL 33147 CITY OF DEERFIELD BEACH Att: Donna M. Council, Purchasing Agent 210 Goolsby Blvd. Deerfield, Florida 33442 DADE COUNTY -PUBLIC SCHOOLS Att: Joe Gomez, Director Division of Procurement Management 1450 N.E. 2nd Avenue Miami, Florida 33432 LEE COUNTY BOARD OF C.0 DIVISION OF PURCHASING Att: Janet Shee-nan, CPPB P.O. Box 398 Ft. Myers, Florida 33917 CITY OF HOLLYWOOD Agent Att: John L. Weyrauch P.O. Box 229045 Hollywood, Florida 33022-9045 BROWARD COUNTY Att: Glenn R. Cummings, Purchasing Director 115 So. Andrews Ave. Room 212 Ft. Lauderdale, FL 33301 CITY OF MARGATE Att: Patricia Greenstein, Purchasing Agent 5790 Margate Blvd. Margate, FL 33063 CITY OF SOUTH MIAMI Att: Kathy Vazquez, Purchasing Director 6130 Sunset Drive South Miami, FL 33143 Page 13 98-1168 METROPOLITAN DADE COUNTY DEPARTMENT OF OFF STREET PARKING Purchasing Office Att: Valerie Harrelson 1611 N.W. 12th Ave. Miami, FL 33136 SOUTH FL. WATER MANAGEMENT DISTRICT Att: Jose' Angueira, Director Procurement & Contract Admin. 3301 Gun Club Road West Palm Beach, FL 33406 STATE OF FLORIDA DADE COUNTY DEPARTMENT OF HEALTH . ATTN: David E. Young, Purchasing Agent I 1350 N.W. 14tH Street, Bldg. 1, Room 202 Miami, FL 33125 BROWARD COUNTY SHERIFF'S OFFICE Att: Leslie A. Dell 2601 W. Broward Boulevard Fort Lauderdale, FL 33312' CITY OF FLORIDA CITY ATTN: Purchasing Director 404 W. Palm Drive Florida City, FL 33034 TOWN OF GOLDEN BEACH ATTN: Robert Johnston, Interim Town Mgr. 1 Golden Beach=Drive Golden Beach, FL 33160 DORIS ISON SOUTH DADE COMMUNITY HEALTY CENTER ATT: Ivory L. Williams, Pro. Spec. 10300 S.W. 216th Street Miami, FL 33190 CITY OF WEST MIAMI ATTN: Yolanda Aguilar, ;901 S.W. 62nd Avenue West Miami, FL 33144 BID NO. 0844-3/03-OTR-CW JACKSON MEMORIAL HOSPITAL Purchasing Office Att: Tom Przybyski, Director 1611 N.W. 12th Ave. Miami, FL 33136 CITY OF WEST PALM BEACH ATT: Purchasing Manager 1045 Charlotte Ave. West Palm Beach, FL 33401 City of Pembroke Pines Att: David E. Fitzgerald, Buyer P.O. Box 9000 Pembroke Pines, FL 33084 TRI-COUNTY RAIL AUTHORITY Purchasing Department Jane Davis -Ember 305 South Andrews Avenue Fort Lauderdale, FL. 33301 TOWN OF DAVIE ATT: Herb Hyman, Procurement Manager 6591 Orange Drive Davie, FL 33314 CITY OF SUNRISE ATT: Marsha Peterson 10770 W. Oakland Park Blvd. Sunrise, FL 33351 CITY OF RIVIERA BEACH ATT: Veronique Rellford, Purchasing Director 2391 Ave. "L" Riviera Beach, FL 33404 PALM BEACH COUNTY SHERIFF'S OFFICE City Manager ATT: Lisette Alfonso, Purchasing Manager 415 Gator Dr L anF1 33462 tana, Page 14 METROPOLITAN DADE COUNTY CITY OF BOCA RATON ATT: Carol Thomas, Purchasing Manager 201 W Palmetto Park Rd Boca Raton, FL 33432 CITY OF MIAMI SPRINGS ATT": John M. Benson Purchasing Director 201 Westward Drive Miami Springs, FL 33166 BID NO. 0844-3j03-OTR-CW CITY OF POMPANO BEACH ATT: Ernie Siegrist, General Servs. Director P.O. Drawer 1300 Pompano Beach, FL 33061 1998 STATE-WIDE KEY CONTACT LIST BROWARD C"UNITY COLLEGE Att: Janet Rickenbacker, Purchasing Director 225 E. Las Olas Blvd. Ft. Lauderdale, FL 33301 BROWARD COUNTY Att: Glenn R. Cummings, Purchasing Director 115 So. Andrews Ave. Room 212 Ft. Lauderdale, FL 33301 CITRUS COUNTY SCHOOL BOARD Att: William Humbaugh Director of Management Operations 1007 West Main Street Inverness, FL 34450 CHARLOTTE COUNTY BO. OF COUNTY Att: Kimberly Churchwell, Purchasing Director 18500 Murdock Circle Port Charlotte, FL 33948-1094 CITY OF BRADENTON Att: ED J. Hargaden, Purchasing Director 1300 6th Street West Bradenton, FL 34205 CITY OF DUNEDIN Att: Jeff Thomas, Purchasing Manager 750 Milwaukee Avenue Dunedin, FL 34698 CITY OF FORT PIERCE Att: Tony Barnes, Purchasing Director P.O. Box 1480 Fort Pierce, FL 34954-1480 CITY OF FORT WALTON BEACH Att: Byron Armstrong, Purchasing Director P.O. Box 4009 Fort Walton Beach, FL 3254 CITY OF GREENACRES Att: David Miles, Purchasing Director 5958 Tenth Avenue Nor Greenacres, FL 33463 CITY OF LEESBURG Att: John Spence, Purchasing Director P.O. Box 490630 Leesburg, FL 34749-0 CITY OF JACKSONVILLE Att: Jacquie Gibbs, Chief Procurement & Supply 220 East Bay Street 3 Jacksonville, FL 322 CITY OF LAKELAND Att: Pat. Williams, Purchasing Director 1140 E. Parker Street Lakeland, FL 33801 Page 15 METROPOLITAN DADE COUNTY CITY OF EUSTIC Att: Norman Showley, Director of General Svcs. P.O. Drawer 68 Eustis, FL 32727-0068 CITY OF FT. MYERS Att:: Robert George, Purchasing Director P.O. Box 2443 Ft. Myers, FL 33902-2443 CITY OF PORT ST. LUCIE ATT: David Pollard, Purchasing -Director 121 S.W. Port St. Lucie Blvd. Port St. Lucie, FL 34984 CITY OF PANAMA CITY ATT: Ron Morgan, General Servs. Director 519 East 77th Street Panama City, FL 32401 CITY OF POMPANO BEACH ATT: Ernie Siegrist, General Servs. Director P.O. Drawer 1300 Pompano Beach, FL 33061 CITY OF RIVIERA BEACH ATT: Veronique Rellford, Purchasing Director 2391 Avenue "L" Riviera Beach, FL 33404 CITY OF ST. AUGUSTINE ATT: M.D. Strickland Drawer 219 St. Augustine, FL 33061 CITY OF ST. PETERSBURG ATT: Louis Moore, Purchasing Director P.O. Box 2842 St. Petersburg, FL 33731 BID NO. 0844-3/03-OTR-CW CITY OF LONGWOOD Att: Rhonda Ledford, Purchasing Director 175 W. Warren Avenue Lakeland, FL 32750-4197 CITY OF MELBOURNE Att: David McCue, Purchasing Manager 900 E. Strawbridge Av Melbourne, FL 32900 CLAY COUNTY SCHOOL BOARD ATT: Ann Martin, Purchasing Director 900 Walnut Street Green Cove, FL 32043 COLLIER COUNTY PURCHASING ATT: Steve Carnell, Purchasing Director 3301 E. Tamiami Trail Naples, FL 34112 COLLIER COUNTY SCHOOL BOARD ATT: Nancy Goodwin-Sirko, Purchasing Director 3710 Estey Avenue Naples, FL 33942 COLUMBIA COUNTY SCHOOL ATT: R.M. "Mike" Null, 528 W. Duval St. Lake City, FL 32055 BOARD Purchasing Director DEPARTMENT OF CORRECTIONS -REGION ATT: Patti Casey, Purchasing Director P.O. Box 147007 Gainsville, FL 32614 EMBRY RIDDLE AERO. UNIVERSITY ATT: Kathy Welch, Purchasing Director 600 S. Clyde Morris Blvd. Daytona Beach, FL 32174-3900 Page 16 9 �j — _ 6 S METROPOLITAN DADE COUNTY CITY OF TAMPA ATT: Joan McConnell, Purchasing Director 306 E. Jackson St., 2nd Flr. East Tampa, FL 33602 CITY OF VENICE ATT: John Enlow, Purchasing Director 401 West Venice Avenue Venice, FL 34285 CITY OF WINTER SPRINGS ATT: JP.Petrencsik, Purchasing Director 1126 E. SR. 434 Winter Springs, FL 32708-2799 LEE COUNTY SCHOOL DISTRICT Att: Michael Bowen, Purchasing Director 2523 Market Street Ft. Myers, Florida 33901-3901 LEE COUNTY SHERIFF'S OFFICE Att: Robert Anderson, Purchasing Director 14750 Six Mile Cypress Pkwy. Fort Myers, Florida 33912 LEON COUNTY SCHOOL BOARD Att: Byron.Williams, Purchasing Director 2757 West Pensacola Street Tallahassee, Florida 32303 MANATEE COUNTY Att: Rob Cuthbert, Purchasing Director 1112 Manatee Ave., West, Suite 803 Bradenton, FL 32405 OKALOOSA COUNTY BOCC Att: James "Pete" Sumblin, :Purchasing Director 602-C N. Pearl Street Crestview, FL 32536 BID NO. 0844-3/03-OTR-CW HILLSBOROUGH COUNTY PURCHASING ATT: Theodore Grable, Purchasing Directc 601 E. Kenndey Blvd. County Center Tampa, FL 33602 HRS-DISTRICT 14 STATE OF FLORIDA ATT: Glenda "Dianne" Forgey Purchasing Director P.O. Box 605 Polk City, FL 33868 INDIAN RIVER SCHOOL DISTRICT ATT: Rick Chuma, Purchasing Director 1990 25th Street Vero Beach, FL 32960 PINELLAS COUNTY SCHOOL BOARD Att: Mark Lindemann, Purchasing Director. 301 4th Street S.W. Largo, FL 33770 POLK COUNTY SCHOOL Att: Gerald Wilson, Purchasing Director 2470 Clower Lane Bartow, FL 33831-9005 PUTNAN COUNTY Att: Willian Phillips, Purchasing Director P.O. Box 1647 Palatka, FL 32177 PUTNAN COUNTY SCHOOL BOARD Att: Allen Parker, Purchasing Director 1207 Washington Street Palatka, FL 32177 SCHOOL BOARD OF SARASOTA COUNTY Att: Pat Black, Purchasing Director 101 Old Venice Rd. Osprey, FL 34229 98- 1168 Page 17 METROPOLITAN DADE COUNTY OSCEOLA SCHOOL DISTRICT Att: Donald Miller, Purchasing Director 817 Bill Beck Blvd. Kissimmee, FL 34744 PASCO COUNTY, BCC Att: Frank Fortino, Purchasing Director 8919 Government Drive New Port, FL 34654 VOLUSIA COUNTY SCHOOL BOARD Att: Tom Simms, - Purchase Director P.O. Box 2118- Deland, FL 32721 CITY OF OCALA ATT: James Crosby, Purchasing Director P.O. Box 1270 Ocala, FL 34478 2.28 DELETION OF FACILITIES BID NO. 0844-3/03-OTR-CW ST. JOHNS COUNTY SCHOOL BOARD Att: Don Hurd, Purchasing Director 299 SCHOOL HOUSE RD. St. Augustine, FL 32095 TAMPA SPORTS AUTHORITY Att: Joseph Haugabrook, Purchasing Director 4201 N. Dale Marby HWY. Tampa, FL 33607 VOLUSIA COUNTY Att: Kenneth Hayslette, Purchase Director 123 W. Indiana Ave., 3rd Floor Deland, FL 32720-4608 Although this Solicitation identifies specific facilities to be ser- viced, it is hereby agreed and understood that any County department or agency may delete service for any facility(ies) when such service is no longer required during the contract period; upon fourteen (14) calendar days written notice to the successful bidder. 2.29 IDENTIFICATION OF EACH ITEM Each bid item must be clearly identified on the Bid Proposal pages(s) as to Make, Model #, Style #, Packaging, Case Weight, etc. as requested, in order to be eligible for award. Use of terms such as, "As Spec" are unacceptable. Failure to provide this information with the Bid Proposal may render the bid non -responsive. 2.30 NON-EXCLUSIVE CONTRACT Although the purpose of this Solicitation is to secure a contract that can satisfy the total needs of the County or of a specific County agency, it is hereby agreed and understood that this Solicitation does not constitute the exclusive rights of the successful Bidder(s) to receive all orders that may be generated by the County in conjunction with this Solicitation. Paae 18 METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW In addition, any and all commodities, equipment, and services required by the County in conjunction with construction projects are solicited under a distinctly different bid process and shall not be purchased under the terms, conditions and awards rendered under this Solicitation, unless such purchases are determined to be in the best interest of the County. 2.31 PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY: The successful bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in conjunction with this bid solicitation. The packing slip shall be attached to the shipping carton(s) which contain the items and shall be made available to the County's authorized representative during delivery. The packing slip or delivery ticket shall include, at a minimum, the following information: purchase order number; date of order; a complete listing of items being delivered; and back -order quantities and estimated delivery of back -orders if applicable. 2.32 PURCHASE OF OTHER ITEMS NOT LISTED ON THIS BID SOLICITATION While the County has listed all major items on the bid solicitation which are utilized by County departments in conjunction with its operations, there may be ancillary items that must be purchased by the County during the term of this contract. For this reason, bidders are requested to quote the percentage discount that will be offered to the County for items which do not appear on this bid solicitation. This discount shall be offered for all items listed in nationally established annual retail supply catalogs. The most recently published catalog shall serve as the basis for establishing the retail price to be discounted. 2.33 RISK OF LOSS The vendor assumes the risk of loss of damage to the County's property during possession by the vendor and until delivery and acceptance to the County. The vendor shall immediately repair, replace or make good on the loss or damage without cost to the County, whether the loss or damage results from acts or omissions (negligent or not) of the vendor or a third party. The successful bidder/vendor shall indemnify and save the County harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of the Agreement. The vendor shall pay all claims and losses of any nature whatever in connection therewith, and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which may issue thereon. 2.34 STOCK LEVELS SHALL BE MAINTAINED BY BIDDER: The successful bidder(s) shall ensure that adequate stock levels are maintained at its place of business in order to assure the County of prompt delivery. If the delivery terms specified in the Solicitation Page 19 9 8 -116 8 METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW are not fulfilled by the Bidder, the County reserves the right to cancel the order, purchase the goods elsewhere, and charge the Bidder_ for any reprocurement costs incurred by the .County. 2.35 SUPPLIERS OF MATERIALS/PRODUCTS SHALL BE IDENTIFIED If the Bidder shall be utilizing a third party distributor or manufacturer as the source of supply for obtaining and delivering products and/or materials required in conjunction with this Bid Solicitation, the Bidder shall be required to supply a copy of its contractual agreement with the supplier in its Bid Proposal form. The information contained in this contractual agreement shall include, but not be limited to: shipping and delivery terms, packaging requirements, and product specification sheets that attest to the quality of. the product. If the bidder fails to submit this information with the Bid Proposal Form, the bidder may be allowed to submit this documentation to the County during the bid evaluation period if such action is in the best interest of the County. 2.36 TESTING -OF RANDOM SAMPLES Samples of delivered items may be randomly selected and tested for compliance with these specifications.. If it is found that the delivered commodities do not conform to the specifications, the county shall require replacement within a reasonable length of time and may cancel the contract for cause. 2.37 TOXIC SUBSTANCES/Federal "Right to Know" Regulations: The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA)_ and the Florida "Right -to -Know" Law requires employers to inform their employees of any toxic substances to which they may be exposed in the workplace, and to provide training in safe handling practices and emergency procedures. It also requires notification to local fire departments of the location and characteristics of all toxic substances regularly present in the workplace. Accordingly, The successful Bidder(s) shall be required to provide two 2) complete sets of Material Safety Data Sheets to each User Department utilizing the awarded products. This information should be provided at the time when the initial delivery is made, on a department by department basis. Additionally, Bidder(s) may be requested to provide Material Safety Data Sheets to the Specification Specialist during the evaluation period. Bidders should contact the Florida Department of Labor and Employment Security at the address listed below for any related information packets: Toxic Substances Information Center 2551 Executive Center e Q Page 20 METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW Circle West Tallahassee, Florida 32301-5014 Telephone:.1-800-367-4378 98-1168 Page 21 METROPOLITAN DADE COUNTY 3.1 SCOPE BID NO. 0844-3/03-OTR-CW SECTION 3.0 TECHNICAL SPECIFICATIONS WELDING GASES AND LIQUID OXYGEN Furnish and deliver various welding gases (Oxygen, Acetylene, Argon, ARCOX, CO2, Nitrogen) and Liquid Oxygen for various Dade County Departments. 3.2 DEMURRAGE CHARGES Cylinder price shall be quoted on the basis of thirty (30) days free usage, with demurrage charges to be assessed daily from the thirty-first day on. Cylinders will be returned at the expiration of the contract period, when the cylinders are empty. NOTE: If bidders do not state demurrage charges in the bid proposal form, no demurrage charges will apply for the contract period. 3.3 TAGGING Tanks will be tagged indicating vendor's name and product, as listed below: a) Agency or division and address the tanks were delivered to. b) Delivery date c) Number of tanks delivered (per commodity) d) Number of tanks returned (per commodity) e) Number of tanks for which demurrage is being charged. 3.4 CERTIFICATIONS (INSPECTION) All cylinders shall be clearly labeled with all applicable current inspection certifications. 3.5 LIQUID OXYGEN SPECIFICATIONS The industrial grade liquid oxygen shall be a minimum guaranteed purity 99.5%, less than 0.5%, less than 0.5% inert ingredients, 80 Deg F. dew point or lower, industrial grade "B" Lox. 3.6 SITE LOCATIONS The contact person for all the sites will be Joe Cummings, Supervisor of Oxygen Plants, (305) 361-2579 or (305) 361-5497 The sites which will require liquid oxygen to be delivered to and size of storage tanks located there are as follows: (All liquid oxygen tanks are owned by Metro -Dade County) 47(S- 1.1U8 METROPOLITAN DADE COUNTY BID NO. 0844-3/03-OTR-CW NORTH DISTRICT WASTEWATER TREATMENT PLANT 2575 N.E. 151 Street, North Miami Beach, FL Size and number of liquid oxygen storage tanks (1) one each 600,000 gal. sphere CENTRAL DISTRICT WASTEWATER TREATMENT PLANT 3989-Rickenbacker Causeway, Virginia Key, Miami, FL Size and number of liquid oxygen storage tanks (2) two each 15,000 gal: tanks SOUTH DISTRICT WASTEWATER TREATMENT PLANT 8950 S.W. 232 Street, Goulds, FL Size and number of liquid oxygen storage tanks (2) two each 15,000 gal. tanks 3.7 DELIVERY Delivery shall be by tank truck with the contractor providing any and all hoses, fittings and valves necessary to off/load the liquid oxygen into the storage tanks, tanks are fitted with industry standard fittings for loading. Tank trucks carry an estimated 4500 gal. of LOX and one gallon of LOX @ 700 equal 115 standard cubic feet. Bidders shall be able to supply various quantities of liquid oxygen for the demands of the department which will be dictated by the following factors: normal scheduled turn arounds (plant start-up) and possible emergency orders (mechanical failures). 3.8 USAGE The Liquid Oxygen will be only be used if Miami Dade County Plants cannot manufacture sufficient liquid oxygen for its needs. Bidder shall provide prices using a maximum usage of three tank trucks a day for two weeks (ie. 42 loads). Usage over the maximum given above will result in Miami Dade County requesting bids for that particular Emergency. Paqe 23 ITEM: AWARD UNDER MIAMI-DADE COUNTY CONTRACT NO.0844-3/03-OTR-CW Welding Gases and Liquid Oxygen DEPARTMENT: GSA TYPE OF PURCHASE: On an as -needed contract basis until June 30, 2000, with the option to renew for three (3) additional one-year periods. REASON: The Department of GSA is responsible for the maintenance of the City's fleet of heavy equipment. This contract will enable the department to purchase welding and oxygen supplies. RECOMMENDATION: It is recommended that award be made to Praxair Distribution Southeast LLC, awarded under Miami -Dade County Contract No. 0844-3/03-OTR-CW, at an annual amount not to exceed $10,000.00. Allocating funds from Account Code No. 509000.420901.6.702. 7 Ju S. rte Director of Purchasing Patel Award Under Dade County Contracts 9