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Section 2 — Special Conditions
Playground and Park Equipment
1i1Uno.:'4 Ul-1/UO-vltc
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 delivery
and/or installation of Playground and Park Equipment, including but not limited to
shelters, site furniture, play equipment and water play equipment, in conjunction with
i'vliami-Dade County Departments'needs on an as needed when needed basis.'"
2.2 Intentionally Omitted
2.3 PRE -BID CONFERENCE (RECOMMENDED)
A pre -bid conference will be held on Wednesday, March 9, 2005 at Stephen P. Clark
Center, located at 111 NW First Street, Suite 1300, Miami, Florida 33128, Conference
Room A, at 2:00 P.M. to discuss proposed specifications. It is recommended that a
representative of the firm attend in order to become familiar with the bid specifications.
Bidders are requested to bring this Invitation To Bid package to the conference, as
additional copies may not be available.
Multiple members of individual community councils may be present.
2.4 TERM OF CONTRACT: FIXED PERIOD (Twelve Months)
This contract shall commence on the first calendar day of the month succeeding approval
of the contract by the Board of County Commissioners, or designee, unless otherwise
stipulated in the Notice of Award Letter which is distributed by the County's Department
of Procurement Management, Bids & Contracts Division; and contingent upon the
completion and submittal of all required bid documents. The contract shall remain in
effect for twelve (12) months and upon completion of the expressed and/or implied
warranty periods.
2.5 OPTION TO RENEW FOR SIX (6) ADDITIONAL MONTHS (Maintain Same
Discounts) For Groups A & B
Dade County shall have the option to renew this contract for an additional six (6) month
period provided the vendor will maintain the original contract discount(s) from
manufacturer's published price list(s). Continuation of thecontract beyond the initial
period is a County prerogative, and not a right of the bidder. This prerogative may be
exercised only when such continuation is clearly in the best interest of the County.
Should the vendor decline the County's right to exercise the option period, the County
will consider the vendor in default which decision shall affect that vendor's eligibility for
future contracts.
1 Revised 05-04
Miami -Dade County tsid "No.: 49U1-1/uo-UlK
Section 2 -- Special Conditions
NOTE: IF MULTIPLE VENDORS ARE INVOLVED UNDER A GIVEN
CONTRACT, ANY OPTIONS TO RENEW WILL BE
RESTRICTED TO THE SPECIFIC ITEMS OF WORK INITIALLY
AWARDED TO ANY SPECIFIC VENDOR.
2.6 A METHOD OF AWARD USING PRE -QUALIFICATION AND SUBSEQUENT
SPOT MARKET PROCEDURES TO' FURNISH AND INSTALL PLAYGROUND
EQUIPMENT (Grotty A - for replacement of existing equipment and new projects)
Award of this contract group will be made to all responsive, responsible vendors who
meet the minimum qualifications set forth in this solicitation. Those qualifications are as
follows:
• Vendors shall be authorized manufacturer representatives.
• Installers must be certified by approved manufacturers
• All vendors offering site and infrastructure work must be qualified to obtain
permits for such work.
These vendors shall then be deemed to be pre -qualified to participate in subsequent spot
market purchases as required by the County on either an as -needed or on a periodic basis.
When such spot market purchases are initiated, the pre -qualified vendors shall be invited
to offer a fixed price for a specific individual purchase, or a specific purchasing period.
The vendor then offering the lowest fixed price shall be awarded for the specific period
or specific purchase. The award to one vendor for a specific period or individual action
does not preclude the remaining pre -qualified vendors from submitting spot market offers
for other specific purchases.
It shall be the sole prerogative of the County as to the number of vendors who will be
initially included under this contract. During the term of this contract, the County
reserves the right to add or delete vendors as it deems necessary in its best interests. If
the County elects to add vendors, they must meet the same minimum qualifications
established for the original competition.
Spot market pricing procedures may be initiated by either the using County department or
by DPM. In general, written spot market quotes will be gathered from pre -qualified
vendors, authorized to furnish and install playground and park equipment, under a certain
manufacturer and for a specific project identified by the user department. The County
does not guaranty any amount of work assigned to the successful bidder(s) during the
contract initial period, and any option subsequently exercised. County Department shall
select model and manufacturer of equipment based upon discretion of design
professional.
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Miami -Dade County
Section 2 — Special Conditions
Bid No.: 4907-1/06-OTR
All successful bidders who meet the bid criteria will be included in Group A (see Section
4.0, page 18). The following manufacturers are part of the bid criteria for selection:
Burke
Game Time
KompanBig Toy
.Landscape Structures -
Little Tykes
Miracle
Park Structures
Playworld
Webcoat
2.6 B METHOD OF AWARD: PERCENTAGE DISCOUNT OFFERED TO FURNISH,
DELIVER AND INSTALL PLAYGROUND EQUIPMENT PARTS AND REPAIR
SERVICES (Group B)
Award of this contract group will be made to all responsive, responsible vendors who
offer a percentage discount by manufacturers for the replacement of parts and repair
services on existing playground and park equipment. Accordingly, the vendor must
submit its manufacturer's letter of authorization to be considered eligible for award. It is
the County's prerogative to request the manufacturer's price lists during the offer
evaluation period. These price lists must be common to, and accepted by, the industry in
general.
2.7 PRICES SHALL BE BASED ON DISCOUNTS FROM PUBLISHED PRICE
LISTS (For Groups A & B)
Bids shall be submitted on the basis of a discount from a manufacturer's Published Price
List(s). Such Published Price List(s) must be common to, and accepted by, the industry
in general. The lists must be printed, properly identified, and dated as to issuance and
effectiveness.
Revised Published Price Lists may be used as a means of price adjustments. However, all
bids are to be firm for a period of two (2) years after award, and Revised Price Lists will
not be accepted by the County until after that date. Revised Published Price Lists will be
accepted only in the event of an industry -wide price change, as evidenced by the issuance
of revised price lists by the manufacturer.
Revised prices will not become effective until revised list(s) are submitted to the County's
Department of Procurement Management, Bids & Contracts Division under the bidder's
cover letter identifying the, applicable contract agreement number and approved by the
County through the issuance of a Memorandum of Understanding to the bidder.
2.8 Intentionally Omitted
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Miami -Dade County Bid No.: 4907-1/06-OTR
Section 2 — Special Conditions
2.9 Intentionally Omitted
2.10 LIQUIDATED DAMAGES FOR INCOMPLETE PROJECTS
Failure to complete the project in accordance with the specifications and to the
satisfaction of the County within the time stated shall cause the vendor to be subject to
charges for liquidated- damages- the amount of $ 500:00- for eachand every- calendar
day the .work remains incomplete. As compensation due the County for loss of use and
for additional costs incurred by the County due to such non -completion of the work, the
County shall have the right to deduct the said liquidated damages from any amount due,
or that may become due to the vendor under this agreement, or to invoice the vendor for
such damages if the costs incurred exceed the amount due to the vendor.
2.11 INDEMNIFICATION AND INSURANCE (8) - INSTALLATION OF
EQUIPMENT (REQUIRING PRODUCTS AND COMPLETED OPERATIONS
LIABILITY)
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.
The vendor shall furnish to the Vendor Assistance Section, Department of Procurement
Management, Bids and Contracts Division, 111 NW 1st Street, Suite 1300, 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 Insurance on a comprehensive basis in an amount not less
than $300,000 combined single limit per occurrence for bodily injury and
property damage. Policy must include coverage for products and
completed operations. Miami -Dade County must be shown as an
additional insured with respect to this coverage.
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Section 2 -- Special Conditions
C. Automobile Liability Insurance covering all owned, non -owned and hired
vehicles used in connection with the work, in an amount not less 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 made without
thirty (30) days in advance notice to the certificate holder.
NOTE: DADE COUNTY SOLICITATION NUMBER AND TITLE OF
SOLICITATION MUST APPEAR ON EACH CERTIFICATE.
CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY
111 NW 1ST STREET
SUITE 2340
MIAMI, FL 33128
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.
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 solicitation, the vendor 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 vendor fails to submit the required insurance documents in the manner
prescribed in this Invitation To Bid within twenty (20) calendar days after Board of
Commission approval, the vendor shall be in. default of the contractual terms and
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Miami -Dade County Bid No.: 4907-1/06-OTR
Section 2 — Special Conditions
conditions and shall not be awarded the contract. Under such circumstances, the vendor
may be prohibited from submitting future Proposal to the County in accordance with
Section 1.24 of the solicitation.
The vendor shall be responsible for assuring that the insurance certificate 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 vendor in accordance with
• Section 2.5 of the solicitation.- If insurance certificates are scheduled to expire during the'
contractual period, the vendor 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 solicitation; provided, however, that this suspended period
does not exceed thirty (30) calendar days. If such suspension exceeds thirty (30)
calendars days, the County may, at its sole discretion, terminate this contract for cause
and seek re -procurement damages from the vendor in accordance with Section 1.24 of the
solicitation.
Department of Procurement Management
Bids and Contracts Division
111 NW 1st Street, Suite 2350
Miami, Florida 33128-1989
2.12 Intentionally Omitted
2.13 Intentionally Omitted
2.14 Intentionally Omitted
2.15 A METHOD OF PAYMENT NO. 1: PERIODIC INVOICES FOR COMPLETED
PURCHASES
The vendor(s) shall submit an invoice(s) to the County user department(s) after purchase
has been completed, whether the specific item(s) were picked up by authorized County
personnel or delivered to the site by the vendor. In addition to the general invoice
requirements set forth below, the invoices shall reference the corresponding delivery
ticket number or packing slip number that was signed by an authorized representative of
the County user department at the time 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.
All invoices shall contain the following basic information:
I. Vendor Information:
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Miami -Dade County Bid No.: 4907-I106-OTR
Section 2 — Special Conditions
• The name of the business organization as specified on the contract
between Miami -Dade County and vendor
• Date of invoice
• Invoice number
• Vendor's Federal Identification Number on file with Miami -Dade County
IL County Information:
• Miami -Dade County Release Purchase Order or Small Purchase Order
Number
III. Pricing Information:
Unit price of the goods, services or property provided
Extended total price of the goods, services or property
Applicable discounts
IV. Goods or Services Provided per Contract:
Description
Quantity
V. Delivery Information:
• Delivery terms set forth within the Miami -Dade County Release
Purchase Order
• Location and date of delivery of goods, services or property
VI. Failure to Comply:
Failure to submit invoices in the prescribed manner will delay payment,
contractor may be considered in default of contract and its contract may be
terminated.
2.15 B METHOD OF PAYMENT NO. 2: LUMP SUM PAYMENT AFTER WORK IS
COMPLETED
Upon completion and acceptance of the work required in conjunction with this contract,
the vendor(s) shall submit one lump sum invoice that reflects the total value of the
contract. This invoice shall be submitted to the County user department(s) that accessed
the contract through a purchase order.
All invoices shall contain the following basic information:
I. Vendor Information:
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Miami -Dade County Bid No.: 4907-1/06-OTR
Section 2 — Special Conditions
•
•
The name of the business organization as specified on the contract
between Miami -Dade County and vendor
Date of invoice
• Invoice number
• Vendor's Federal Identification Number on file with Miami -Dade County
IT. County Information:
• Miami -Dade County Release Purchase Order or Small Purchase Order
Number
III. Pricing Information:
•
•
Unit price of the goods, services or property provided
Extended total price of the goods, services or property
• Applicable discounts
IV. Goods or Services Provided per Contract:
Description
Quantity
V. Delivery Information:
• Delivery terms set forth within the Miami -Dade County Release
Purchase Order
• Location and date of delivery of goods, services or property
VI. Failure to Comply:
Failure to submit invoices in the prescribed manner will delay payment,
contractor may be considered in default of contract and its contract may be
terminated.
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 at various locations within Miami -Dade County..
2.17 COMPLETION OF WORK FROM DATE OF NOTICE TO PROCEED
The vendor shall state in its offer the number of calendar days from the date of the Notice
To Proceed in which it will guarantee to complete the work, repair, and/or service. A
verbal instruction from an authorized County representative shall constitute sufficient
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Miami -Dade County Bid No.: 4907-1/06-tYI R
Section 2 — Special Conditions
notice to the vendor to commence work. Time for completion may be considered a factor
in determining the vendor to whom award will be made, if so stipulated in provision 2.6
entitled "Method of Award". The completion date shall not exceed 45 calendar days
after the effective date of the Notice to Proceed.
All work shall be performed in accordance with good commercial practice. The work
schedule and completion dates shall be adhered to by the vendor(s); except in such cases
where the completiondate will be delayed due to acts of Cod, strikes, or other causes -
beyond the control of the vendor: ' In these cases, the vendor shall notify the County of
the delays in advance of the original completion date so that a revised delivery schedule
can be appropriately considered by the County
Should the vendor(s) to whom the contract(s) is awarded fail to complete the work within
the number of days as stated in its offer, or the "not -to -exceed" timeframe cited above, it
is hereby agreed and understood that the County reserves the authority to cancel the
contract with the vendor and to secure the services of another vendor to complete the
work. If the County exercises this authority, the County shall be responsible for
reimbursing the vendor for work which was completed and found acceptable to the
County in accordance with the contract specifications. The County may, at its option,
demand payment from the vendor, through an invoice or credit memo, for any additional
costs over and beyond the original contract price which were incurred by the County as a
result of having to secure the services of another vendor. If the incumbent vendor fails to
honor this invoice or credit memo, the County may terminate the contract for default.
2.18 Intentionally Omitted
2.19 WARRANTY SHALL BE ONE YEAR FROM DATE OF ACCEPTANCE (For
Equipment)
A. Type of Warranty Coverage Required
In addition to all other warranties that may be supplied by the bidder, the bidder
shall warrant its products and/or service against faulty labor and/or defective
material, for a minimum period of one (1) year after the date of acceptance of the
labor, materials and/or equipment by the County. This warranty requirement shall
remain in force for the full one (1) year period; regardless of whether the bidder is
under contract with the County at the time of defect. Any payment by the County
on behalf of the goods or services received from the bidder does not constitute a
waiver of these warranty provisions.
B. Correcting Defects Covered Under Warranty
The bidder shall be responsible for promptly correcting any deficiency, at no cost
to the County, within five (5) calendar days after the County notifies the bidder of
such deficiency in writing. If the bidder fails to honor the warranty and/or fails to
correct or replace the defective work or items within the period specified, the
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Miami -Dade County Bid No.: 4907-1/U6-U'1'R
Section 2 — Special Conditions
County may, at its discretion, notify the bidder, in writing, that the bidder may be
debarred as a County bidder and/or subject to contractual default if the corrections
or replacements are not completed to the satisfaction of the County within ten
(10) calendar days of receipt of the notice. If the bidder fails to satisfy the
warranty within the period specified in the notice, the County may (a) place the
bidder in default of its contract, and/or (b) procure the products or services from
another vendor and charge the bidder for any additional costs that are incurred by
the'Countyfor tnis work or 'items; either through a credit memorandum or through
invoicing.
2.20 CONTACT PERSON
For any additional information regarding the terms and conditions of this solicitation and
resultant contract, contact:
Carlos R. Scull, at (305) 375-1075, Fax: (305) 375-4407; email: scut@miamidade.gov
2.21 COUNTY USER ACCESS PROGRAM (UAP)
User Access Fee
Pursuant to Miami -Dade County Budget Ordinance No. 03-192, this contract is subject to
a user access fee under the County User Access Program (UAP) in the amount of two
percent (2%). All sales resulting from this contract, or any contract resulting from this
solicitation and the utilization of the County contract price and the terms and conditions
identified herein, are subject to the two percent (2%) UAP. This fee applies to all contract
usage whether by County Departments or by any other governmental, quasi -
governmental or not -for -profit entity.
The vendor providing goods or services under this contract shall invoice the contract
price and shall accept as payment thereof the contract price less the 2% UAP as full and
complete payment for the goods and/or services specified on the invoice. The County
shall retain the 2% UAP for use by the County to help defray the cost of the procurement
program. Vendor participation in this invoice reduction portion of the UAP is mandatory.
Joint Purchase
Only those entities that have been approved by the County for participation in the
County's Joint Purchase and Entity Revenue Sharing Agreement are eligible to utilize or
receive Miami -Dade County contract pricing and terms and conditions. The County will
provide to approved entities a UAP Participant Validation Number. The vendor must
obtain the participation number from the entity prior to filling any order placed pursuant
to this section. Vendor participation in this joint purchase portion of the UAP, however,
is voluntary. The vendor shall notify the ordering entity, in writing, within 3 work days of
receipt of an order, of a decision to decline the order.
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Miami -Dade County Bid No.: 4907-1/06-OTR
Section 2 — Special Conditions
For all ordering entities located outside 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 ordering entity prior to shipping the goods.
Miami -Dade County shall have no liability to the vendor for the cost of any purchase
made by an ordering entity under the UAP and shall not be deemed to be a party thereto.
placed directly y i ...gentityvendor and shall be paid
�li�orders'shali be laced b the ordering with the
by the ordering entity less the 2% UAP.
Vendor Compliance
If a vendor fails to comply with this section, that vendor may be considered in default by
Miami -Dade County in accordance with Section 1, Paragraph 1.23 of this contract
solicitation and the resulting contract.
2.22 ACCIDENT PREVENTION AND BARRICADES
Precautions shall be exercised at all times for the protection of persons and property. A
temporary chain link fence, minimum 6' in height, shall be installed on all jobs, around
the limit of work boundary prior to mobilization at the site. It shall be the responsibility
of the Contractor to maintain the fence throughout the job duration. All vendors
performing services under this contract shall conform to all relevant OSHA, State and
County regulations during the course of such effort. Any fines levied by the above
mentioned authorities for failure to comply with these requirements shall be borne solely
by the responsible vendor.
2.23 CATALOGS AND PRICE LISTS SHOULD BE SUBMITTED WITH OFFER
The vendor shall submit three (3) copies of the current manufacturer's price list(s) and
catalog(s) with the initial offer. Failure to meet this requirement may result in your offer
being rejected. These documents shall be in effect at the commencement of the contract
and shall remain in effect for the life of the contract; unless price escalations are
specifically allowable in accordance with Section 2.7 of this contract. Discounts offered
will be evaluated against these price lists and catalogs in order to determine the vendor to
whom award will be made pursuant to Section 2.6 herein entitled "Method ofAward".
Upon request, the vendor may provide additional sets of the manufacturer's product
catalogs and price lists at no additional cost to the County.
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Miami -Dade County
Section 2 — Special Conditions
ISICI LNO.: 49U /-1IUO-V i t(
2.24 CLEAN-UP
All unusable materials and debris shall be removed from the premises at the end of each
workday, and disposed of in an appropriate manner. Upon final completion, the vendor
shall thoroughly clean and restore all areas where work has been involved, as mutually
agreed with the associated user department's project manager and as specified in plans.
Any property damage or disturbed turf shall be replaced with like material
2.25 COMPETENCY OF VENDORS AND ASSOCIATE SUBCONTRACTORS
The County may elect to conduct a pre -award inspection of the vendor's facility during
the offer evaluation process. Offers will be considered only from firms which are
regularly engaged in the business of providing or distributing the goods and/or
performing the services as described in the solicitation, and who can produce evidence
that they have an satisfactory record of performance for a reasonable period of time.
Vendors must demonstrate that they have sufficient financial support and organization to
ensure that they can satisfactorily execute the contract if awarded under the terms and
conditions herein stated. In the event that the vendor intends to sub -contract any part of
its work to another vendor, or will obtain the goods specifically offered under this
contract from another source of supply; the vendor may be required to verify the
competency of its sub -contractor or supplier. Miami -Dade County reserves the right,
before awarding the contract, to require a vendor to submit such evidence of its
qualifications and the qualifications of its sub -contractor as it may deem necessary. The
County may consider any evidence available to it of the financial, technical and other
qualifications and abilities of any vendor responding hereunder, including past
performance with the County, in determining vendor responsibility for the purposes of
selecting a vendor for contract award.
2.26 COMPLIANCE WITH FEDERAL STANDARDS
All items to be purchased under this contract shall be in accordance with all
governmental standards, to include, but not be 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).
2.27 EQUIPMENT SHALL BE MOST RECENT MODEL AVAILABLE
The equipment being offered by the vendor shall be the most recent model available.
Any optional components which are required in accordance with the contract
specifications shall be considered standard equipment for purposes of this solicitation.
Demonstrator models will not be accepted. Omission of any essential detail from these
specifications does not relieve the vendor from furnishing a complete unit. The unit shall
conform to all applicable OSHA, State, and Federal safety requirements. All components
(whether primary or ancillary) of the delivered equipment are to be in accordance with
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Miami -vase c-ounty
Section 2 — Special Conditions
current SAE standards and recommended practices. The engineering, materials, and
workmanship associated with effort performed hereunder shall exhibit a high level of
quality and appearance consistent with or exceeding industry standards.
2.28 FURNISH AND INSTALL REQUIREMENTS
The specifications and/or statement of work contained within this solicitation describe the
various -functions' and classes' of work 'required ` as- necessary for the completion of the
project. Any omissions of inherent technical functions or classes .of work -within the
specifications and/or statement of work shall not relieve the bidder from furnishing,
installing or performing such work where required to the satisfactory completion of the
proj ect.
2.29 LABOR, MATERIALS, AND EQUIPMENT SHALL BE SUPPLIED BY THE
VENDOR
Unless otherwise provided in Section 3 (entitled "Technical Specifications"), of this
solicitation the vendor shall furnish all labor, material and equipment necessary for
satisfactory contract performance. When not specifically identified in the technical
specifications, such materials and equipment shall be of a suitable type and grade for the
purpose. All material, workmanship, and equipment shall be subject to the inspection
and approval of the County's Project Manager.
2.30 LICENSES, PERMITS AND FEES
The vendor shall obtain and pay for all licenses, permits and inspection fees required for
this project; and shall comply with all laws, ordinances, regulations and building code
requirements applicable to the work contemplated herein. All permits shall be in place
prior to commencement of construction. Damages, penalties and or fines imposed on the
County or the vendor for failure to obtain required licenses, permits or fines shall be
borne by the vendor.
2.31 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS
The vendor hereby acknowledges and agrees that all materials, except where recycled
content is specifically requested, supplied by the vendor in conjunction with this
solicitation and resultant contract shall be new, warranted for their merchantability, and
fit for a particular purpose. In the event any of the materials supplied to the County by
the vendor are found to be defective or do not conform to specifications: (1) the materials
may be returned to the vendor at the vendor's expense and the contract cancelled or (2)
the County may require the vendor to replace the materials at the vendor's expense.
2.32 PURCHASE OF OTHER ITEMS NOT LISTED ON THIS BID SOLICITATION
BASED ON PRICE QUOTES
While the County has listed all major items on the bid solicitation which are utilized by
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1►12Allll 114Ul: 1. V 1Ali 1.J'
Section 2 — Special Conditions
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. Under these
circumstances, a County representative will contact the primary vendor to obtain a price
quote for the ancillary items. If there are multiple vendors on the contract, the County
representative may also obtain price quotes from these vendors. The County reserves the
right to award these ancillary items to the primary contract vendor, another contract
vendor based on the lowest price quote or to bid the items through a separate solicitation.
2.33 ... ADDITIONAL BRANDS MAY BE ADDED
Although this solicitation and resultant contract identifies specific brands to be
purchased, it is hereby understood and agreed that additional brands may be added to this
contract at the option of the County. Vendor(s) under this contract shall be invited to
submit a percentage (%) discount off the lowest price stated on the latest manufacturer's
price list(s) and/or catalog(s) for these additional brands. If these discounts are
comparable with discounts offered for other brands, and are otherwise considered to be
fair and reasonable, then award shall be made to the vendor(s) offering the best pricing
and acceptable product to the County or otherwise serving the best interests of the
County. Award of these additional brand(s) shall be confirmed through the issuance of
an addendum to the award sheet. These items shall become an integral part of the
contract.
The incumbent vendor(s) has/have no exclusive right to provide these additional brand(s).
The County may determine to obtain similarly structured pricing inputs from other
vendors in response to situations where incumbent vendors do not provide for fair and
reasonable pricing or for other reasons at the County's sole discretion.
2.34 SUB -CONTRACTORS OF WORK SHALL BE IDENTIFIED
IMPORTANT NOTE: THIS REQUIREMENT IS SEPARATE AND
INDEPENDENT FROM BBE REQUIREMENTS AS MAY BE STATED IN
PARAGRAPH 2.3
As part of its Bid Proposal, the Bidder is required to identify any and all Subcontractors
that will be used in the performance of the proposed contract, their capabilities and
experience, and the portion of the work to be done by the subcontractor. The competency
of the Subcontractor(s) with respect to experience, skill, responsibility and business
standing shall be considered by the County when making the award in the best interest of
the County. If the bidder fails to identify any and all sub -contractors in the Bid Proposal,
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.
2.35 LISTING. OF SUBCONTRACTORS AND SUPPLIES
In accordance with Ordinance 97-104, the Bidder shall submit with its Bid Proposal a
listing of all first tier subcontractors who will perform any part of the Contract work, and
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1V11aII11-LaUe L.uuuiy
Section 2 — Special Conditions
suppliers who will supply materials for the Contract. Failure to submit this list may result
in the rejection of the Bidder's proposal.
2.36 WORK ASSIGNMENTS IDENTIFIED BY THE COUNTY
All work assignments during the contract period will be on an "as needed" basis,
complying with notification requirements. Bidder shall assume no guarantees as to the
.- number.or-frequency of w urk-assignments of the amount of payments -under the teens. of
this contract.
Determination of material quantities and/or specifications for each assignment will be
made by the County Department. The County department will notify the Bidder of each
work assignment; at which time the Bidder and the County Department will mutually
agree, in writing, of the beginning and ending dates of the work assignment. For each
assignment, the Bidder shall be responsible for the proper and necessary use of the
materials in performance of the work.
2.37 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.
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