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HomeMy WebLinkAboutMiami-Dade County ITBBID NO.: 7602-5/14 II OPENING: 2:00 P.M. Wednesday, January 23, 2008 MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID TITLE: MEDICAL AND INDUSTRIAL GASES THE FOLLOWING ARE REQUIREMENTS OF THIS BID, AS NOTED BELOW: BID DEPOSIT AND PERFORMANCE BOND• N/A CATALOGUE AND LISTS• N/A CERTIFICATE OF COMPETENCY. N/A EQUIPMENT LIST• N/A EXPEDITED PURCHASING PROGRAM (EPP) N/A INDEMNIFICATION/INSURANCE• SEE SECTION 2, PARAGRAPH 2.11 LIVING WAGE: N/A PRE -BID CONFERENCE/WALK-THRU: N/A SMALL BUSINESS ENTERPRISE MEASURE: SEE SECTION 2, PARAGRAPH 2.2 SAMPLES/INFORMATION SHEETS: N/A SECTION 3 - MDHA• N/A SITE VISIT/AFFIDAVIT: N/A USER ACCESS PROGRAM: SEE SECTION 2, PARAGRAPH 2.21 WRITTEN WARRANTY: SEE SECTION 2, PARAGRAPH 2.19 FOR INFORMATION CONTACT: KM! RA AT 305-375-1291, OR AT KMRA@MIAMIDADE.GOV IMPORTANT NOTICE TO BIDDERS: PLEASE COMPLETE AND SUBMIT ALL AFFIDAVITS ATTACHED TO THIS SOLICITATION MIAMI-DADE COUNTY DEPARTMENT OF PROCUREMENT MANAGEMENT PURCHASING DIVISION FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE ON PAGE 41 OF SECTION 4, BID SUBMITTAL FORM SHALL RENDER THE VENDOR INELIGIBLE FOR LOCAL PREFERENCE FAILURE TO SIGN PAGE 41 OF SECTION 4, BID SUBMITTAL FORM WILL RENDER YOUR BID NON -RESPONSIVE MIAMI-DARE COU iTY MIAMI-DADE COUNTY, FLORIDA INVITATION TO BID Bid Number: 7602-5/14 Title: Medical and Industrial Gases Sr. Procurement Contracting Agent: Km! Ra, CPPO, CPPB, C.P.M. Bids will be accepted until 2:00 p.m. on Wednesday, January 23, 2008 Bids will be publicly opened. The County provides equal access and does not discriminate on the basis of disability in its programs or services. It is our policy to make all communication available to the public, including those who may be visually or hearing impaired. If you require information in a non-traditional format please call 305-375-5278. Instructions: Each Bid submitted to the Department of Procurement Management shall have the following information clearly marked on the face of the envelope: the Bidders name, return address, Bid number, opening date of the Bid and the title of the Bid. Included in the envelope shall be an original and two copies of the Bid Submittal, plus attachments if applicable. Failure to comply with this requirement may result in your Bid not being considered for award. All Bids must be submitted in a sealed envelope or container and will be opened promptly at the time indicated in this solicitation document. Any Bid received after the first Bid has been opened will be returned to the Bidder unopened. The County does not accept responsibility for delays, natural or otherwise. NOTICE TO ALL BIDDERS: • FAILURE TO SIGN THE BID SUBMITTAL FORM WILL RENDER YOUR BID NON -RESPONSIVE. • THE BID SUBMITTAL FORM CONTAINS IMPORTANT CERTIFICATIONS THAT REQUIRE REVIEW AND COMPLETION BY ANY VENDOR RESPONDING TO THIS SOLICITATION MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 1 GENERAL TERMS AND CONDITIONS Medical and Industrial Gases 1.1. DEFINITIONS Bid - shall refer to any offer(s) submitted in response to this solicitation. Bidder - shall refer to anyone submitting a Bid in response to this solicitation. Bid Solicitation - shall mean This solicitation documentation, including any and all addenda. Bid Submittal Form - defines the requirement of items to be purchased, and must be completed and submitted with Bid. The Bidder should indicate its name in the appropriate space on each page. County - shall refer to Iviiatni bade County, Florida DPM - shall refer to Miami -Dade County's Department of Procurement Management Purchasing Division. Enrolled Vendor LL EFFECTIVE JULY 8, 2002, shall refer to a fine that has completed the necessary documentation in order to receive Bid notifications from the County, but has not yet registered. Registered Vendor - shall refer to a firm that has completed the Miami - Dade County Business Entity Registration Application and has satisfied all requirements to enter in to business agreements with the County. For additional information about on-line vendor enrollment or vendor registration contact the Vendor Assistance Unit at 111 N.W. 1" Street, 13i' Floor, Miami, FL 33128, Phone 305-375-5773. EFFECTIVE JULY 1, 2002, vendors will be able to enroll and register online by visiting oar web site at http://miamidade.tov and click on "Business". 1.2, INSTRUCTIONS TO BIDDERS A. Bidder Qualification It is the policy of the County to encourage full and open competition among all available qualified vendors. MI vendors regularly engaged in the type of work specified in the Bid Solicitation are encouraged to submit Bids. Vendors may enroll with the County to be included on a mailing list for selected categories of goods and services. To be eligible for award of a contract (including small purchase orders), Bidders must complete a "Miami -Dade County Business Entity Registration Application". Only Registered Vendors can be awarded County contracts. Vendors are encouraged to register with the County anytime by contacting the Vendor Information Center at 305-375-5287. The County endeavors to obtain the participation of all qualified minority and disadvantaged business enterprises. For information and to apply for certification, contact the Department of Business Development, at 1l1 N.W. 1 Street 19`s Floor, Miami, FL 33128-1844, or telephone at 305- 375-3111. County employees wishing to do business with the County are referred to Section 2-11.1(d) of the Miami -Dade County Code. B. Vendor Registration To be recommended for award the County requires that vendors complete a Miami -Dade County Business Entity Registration Application with all required disclosure affidavits. The Miami -Dade County Business Entity Registration Application must be returned to the Department of Procurement Management (DPM), Purchasing Division within Fourteen (14) days of notification of the intent to recommend for award. In the event the Miami -Dade County Business Entity Registration Application is not properly completed and returned within the specified time, the County may award to next lowest responsive Bidder,. The Bidder is responsible for obtaining the Ivrami-Dade County Business Entity Registration Application and all affidavits by downloading from DPM's website at http://miamidade,gov and click on "Business" or from the Vendor Assistance Unit at 111 N.W. 1" Street, Miami, FL. In becoming a Registered Vendor with Miami -Dade County, the vendor confirms its knowledge of and commitment to comply with the following: 1. Disclosure of Employment - pursuant to Section 2-8.1(d) of the County Code. 2. Disclosure of Ownership Affidavit - pursuant to Section 2-8.1(d) of the County Code, 3. Drug -Free Affidavit - pursuant to Section 2-8.1.2(b) of the County Code. -1- 4. W-9 and 8109 Forms - The vendor must furnish these forms as required by the Internal Revenue Service. 5, Social Security Number - The vendor must provide a copy of the primary owner's social security card if the social security number is being used in lieu of the Federal Identification Number (F.E,LN.). 6. Americans with Disabilities Act (A.D.A.) Affidavit - It is the policy of the County to comply with all requirements of County Resolution R182-00 and the A.D.A. 7. Collection of Fees, Taxes and Parking Tickets Affidavit - pursuant to Section 2-8.1 (c) ate County Code. 8. Conflict of Interest and Code of Ethics - pursuant to Sections 2- 8.1(i) and 2-11.1(b) (1) through (6) and (9) of the County Code and County Ordinance No. 00-1 amending Section 2-11.1(c) of the County Code. 9. Code of Business Ethics - pursuant to Section 2-8.1(i) of the County Code. 10. Debarment Disclosure Affidavit- pursuantto County Code 10-38. II. Office of the Inspector General Pursuant to Section 2-1076 of the County Code. 12. Minority and Disadvantaged Business Enterprises. The County endeavors to obtain the participation of all minority and disadvantaged business enterprises pursuant to Sections 2-8.2, 2- 8.2.3 and 2-8.2.4 of the County Code and Title 49 of the Code of Federal Regulations. 13. Individuals and Entities Doing Business with the County not current in their obligations to the County - pursuant to Sections 2- 8.1 (h) and 2-11.1(b)(8) oldie County Code. 14. Nondiscrimination pursuant to Section 2-8.1.5 of the County Code. 15. Family Leave - Pursuant to Section 11A-30 of the County Code. 16. Living Wage - Pursuant to Section 2-8.9 of the County Code. 17. Domestic Leave - Pursuant to Section 11A-60 of the County Code. 18. Antitrust Laws - By acceptance of any contract, the vendor agrees to comply with all antitrust laws of the United States and the State of Florida. C. PUBLIC ENTITY CRIMES To be eligible for award of a contract, firms wishing to do business with the County must comply with the following Pursunt to Section 287.133(2)(a) of the Florida Statutes, a 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 contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. D. Request for Additional Information 1. Pursuant to Section 2-11.1(t) of the County Code, all Bid Solicitations, once advertised and until an award recommendation has been forwarded to the appropriate authority are under the "Cone of Silence". Any communication or inquiries, except for clarification of process or procedure already contained in the solicitation, are to be made in writing to the attention of the Procurement Agent identified on the front page of the solicitation. Such inquiries or request for information shall be submitted to the procurement agent in writing and shall contain the requester's name, address, and telephone number. If transmitted by facsimile, the request should also include a cover sheet with Bidder's facsimile number. The requestor must also file a copy of this written request with the Clerk of the Board, 111 NW 1" Street, 171° Floor, suite 202, Miami, Florida 33128-1983 or email elerkbcc@miamidad e. Roy. 2. The Department of Procurement Management may issue an addendum in response to any inquiry received, prior to Bid opening, which changes, adds to or clarifies the terms, provisions Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 1 GENERAL TERMS AND CONDITIONS Medical and Industrial Gases or requirements of the solicitation. The Bidder should not rely on any representation, statement or explanation whether written or verbal, 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, the last addendum issued shall prevail. 3. It is the Bidder's responsibility to ensure receipt of all addenda, and any accompanying documentation, The Bidder is required to submit with its Bid a signed "Acknowledgment of Addenda" form, when any addenda have been issued. E. Contents of Bid Solicitation and Bidders' Responsibilities 1. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this 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 Bidder. 2. This solicitation is subject to all legal requirements contained in the applicable County Ordinances, Administrative Orders, and Resolutions, as well as all applicable State and Federal Statutes. Where conflict exists between this Bid Solicitation and these legal requirements, the authority shall prevail in the following order: Federal, State and local. 3. It is the responsibility of the Bidder/Proposer, prior to conducting any lobbying reearding this solicitation to file the appropriate form with the Clerk of the Board stating that a particular lobbvist is authorized to represent the Bidder/Proposer. The Bidder/Proposer shall also file a form with the Clerk of the Board at the point in time at which a lobbyist is no longer authorized to represent said Bidder/ Proposer. Failure of a Bidder/Proposer to file the appropriate form required, in relation to each solicitation, may be considered as evidence that the Bidder/Proposer is not a responsible contractor. F. Change or Withdrawal of Bids 1. Changes to Bid - Prior to the scheduled Bid opening a Bidder may change its Bid by submitting a new Bid, (as indicated on the cover page) with a letter in writing on the firms letterhead, signed by an authorized agent stating that the new submittal replaces the original submittal. The new submittal shall contain the letter and all information as required for submitting the original Bid. No changes to a Bid will be accepted after the Bid has been opened. 2. Withdrawal of Bid — A Bid shall he irrevocable unless the Bid is withdrawn as provided herein. Only written a letter received by the DPM Purchasing Division prior to the Bid opening date may withdraw a bid. A bid may also be withdrawn ninety (90) days after the Bid has been 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. G. Conflicts Within The Bid Solicitation Where there appears to be a conflict between the General Terms and Conditions, Special Conditions, the Technical Specifications, the Bid Submittal Section, or any addendum issued, the order of precedence shall be: the last addendum issued, the Bid Submittal Section, the Technical Specifications, the Special Conditions, and then the General Terms and Conditions. Il. Prompt Payment Terms It is the policy of Miami -Dade County that payment for all purchases by County agencies and the Public Health Trust shall be made in a timely manner and that interest payments be made on late payments. 1n accordance with Florida Statutes, Section 218.74 and Section 2-8,1.4 of the Miami -Dade County Code, the time at which payment shall be due from the County or the Public Health Trust shall be forty-five (45) days from receipt of a proper invoice. The time at which payment shall be due to small businesses shall be thirty (30) days from receipt of a proper invoice. All payments due from the County or the Public Health Trust, and not made within the time specified by this section, shall bear interest from thirty (30) days alter the due date at the rate of one percent (1%) per month on the unpaid balance. Further, proceedings to resolve disputes for payment of obligations shall be concluded by final written decision of the County Manager, or his or her designec(s), not later than sixty (60) days after the date on which the proper invoice was received by the County or the Public Health Trust. 2. The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation, Bidders are requested to provide prompt payment terms in the space provided on the Bid submittal signature page of the solicitation 1.3. PREPARATION OF BIDS A. The Bid submittal form defines requirements of items to be purchased, and must be completed and submitted with the Bid. Use of any other form will result in the rejection of the Bidder's offer. B. The Bid submittal form must be legible. Bidders shall use typewriter, computer or ink. All changes must be crossed out and initialed in ink. Failure to comply with these requirements may cause the Bid to be rejected. C. An authorized agent of the Bidder's firm must sign the Bid submittal form. FAILURE TO SIGN THE BD) SUBMITTAL FORM SHALL RENDER THE BID NON -RESPONSIVE. D. The Bidder may be considered non -responsive if bids are conditioned to modifications, changes, or revisions to the terms and conditions of this solicitation. E. The Bidder may submit alternate Bid(s) for the same solicitation provided that such offer is allowable under the terms and conditions. The alternate Bid must meet or exceed the minimum requirements and be submitted on a separate Bid submittal marked "Alternate Bid". F. When there is a discrepancy between the unit prices and any extended prices, the unit prices will prevail. G. Please be advised that the County, in exercise of its discretion, may not accept bids and/or proposals received after the scheduled time and date. Sealed bids/proposals will be opened promptly at the time and place specified. The responsibility for submitting a sealed bid/proposal on or before the stated time and date is solely and strictly the responsibility of the Bidder/Proposer. Miami -Dade County is not responsible for delays caused by any mail, package or couriers service, including the U.S. Mail, or paused by any other occurrence. 1.4. CANCELLATION OF BD) SOLICITATION Miami -Dade County reserves the right to cancel, in whole or in part, any Invitation to Bid when it is in the best interest of the County. 1.5. AWARD OF BID SOLICITATION A. This Bid may be awarded to the responsible Bidder meeting all requirements as set forth in the solicitation. The County reserves the right to reject any and all Bids, to waive irregularities or technicalities and to re -advertise for all or any part of this Bid Solicitation as deemed in its best interest. The County shall be the sole judge of its best interest. B. When there are multiple line items in a solicitation, the County reserves the right to award on an individual item basis, any combination of items, total low Bid or in whichever manner deemed in the best interest of the County. C. The County reserves the right to reject any and all Bids if it is determined that prices are excessive, best offers are determined to be unreasonable, or it is otherwise determined to be in the County's best interest to do so. D. The County reserves the right to negotiate prices with the low bidder, provided that the scope of work of this solicitation remains the same, E. Award of this Bid Solicitation will only be made to firms that have completed the Miami -Dade County Business Entity Registration Application and that satisfy all necessary legal requirements to do Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 1 GENERAL TERMS AND CONDITIONS Medical and Industrial Gases Dade County must present a copy of their Miami -Dade County issued Occupational License. F. Pursuant to County Code Section 2-8.1(g), the Bidder's performance as a prime contractor or subcontractor on previous County contracts shall be taken into account in evaluating the Bid received for this Bid Solicitation, G. To obtain a copy of the Bid tabulation, Bidder(s) shall enclose an appropriately sized self-addressed stamped envelope. Bid results will not be given by telephone or facsimile. Please allow ten (10) calendar days after Bid opening for mailing. H. The Bid Solicitation, any addenda and/or properly executed modifications, the purchase order, and any change order(s) shall constitute the contract. I. In accordance with Resolution R-1574-88 the Director of Purchasing Division will decide all tie Bids. T. Award of this Bid may be predicated on compliance with and submittal of all required documents as stipulated in the Bid Solicitation. 1.6. CONTRACT EXTENSION A. The County reserves the right to exercise its option to extend a contract for up to one hundred -eighty (180) calendar days beyond the current contract period and will notify the contractor in writing of the extension. B. This contract may be extended beyond the initial one hundred - eighty (180) day extension period upon mutual agreement between the County and the successful Bidder(s) upon approval by the Board of County Commissioners. 1.7. WARRANTY All warranties, express and implied, shall be made available to the County for goods and services covered by this Bid Solicitation. All goods furnished shall be fully guaranteed by the successful Bidder against factory defects and workmanship. At no expense to the County, the successful Bidder shall correct any and all apparent and latent defects that may occur within the manufacturer's standard warranty. The Special Conditions of the Bid Solicitation may supersede the manufacturer's standard warranty. 1.8. ESTIMATED QUANTITIES Estimated quantities or dollars are for Bidder's guidance only: (a) estimates are based on the County's anticipated needs and/or usage during a previous contract period and; (b) the County may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this contract under the Joint Purchase portion of the County User Access Program (UAP) described in Section 221 of this contract solicitation and the resulting contract, if that section is present in this solicitation document. No guarantee is expressed or implies as to quantities or dollars that will be used during the contract period. The County is not obligated to place any order for the given amount subsequent to the award of this Bid Solicitation. 1.9. NON -EXCLUSIVITY It is the intent of the County to enter into an agreement with the successful Bidder that will satisfy its needs as describe herein. However, the County reserves the right as deemed in its best interest to perform, or cause to be performed, the work and services, or any portion thereof, herein described in any manner it sees fit, including but not limited to: award of other contracts, use of any contractor, or perform the work with its own employees. 1.10. LOCAL PREFERENCE The evaluation of competitive bids is subject to Section 2-8.5 of the Miami -Dade County Code, which, except where contrary to federal and state law, or any other funding source requirements, provides that preference be given to local businesses. A local business shall be defined as: 1. a business that has a valid occupational license, issued by Miami -Dade County at least one year prior to bid or proposal submission, that is appropriate for the goods, services or construction to be purchased; 2. a business that has physical business address located within the limits of Miami -Dade County from which the vendor operates or performs business. Post Office Boxes are not verifiable and shall not be used for the purpose of establishing said physical address; and 3. a business that contributes to the economic development and well-being of Miami -Dade County in a verifiable and measurable way. This may include but not be limited to the retention and expansion of employment opportunities and the support and increase in the County's tax base. To satisfy this requirement, the vendor shall affirm in writing its compliance with either of the following objective criteria as of the bid or proposal submission date stated in the solicitation: (a) vendor has at least ten (10) permanent full time employees, or part time employees equivalent to 10 FTE ("hill -time equivalent" employees working 40 hours per week) that live in Miami -Dade County, or at least 25% of its employees that live in Miami - Dade County, or (b) vendor contributes to the County's tax base by paying either real property taxes or tangible personal property taxes to Miami -Dade County, or some other verifiable and measurable contribution to the economic development and well-being of Miami - Dade County. When there is a responsive bid from a Miami -Dade local business within 10% of the lowest price submitted by a responsive non -local business, the local business and the non -local low bidder shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local business. (c) At this time, there is an interlocat agreement in effect between Miami - Dade and Broward Counties until September 2009. Therefore, a vendor which meets the requirements of (1), (2) and (3) above for Broward County shall be considered a local business pursuant to this Section. 1.11. CONTINUATION OF WORK Any work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the County and the successful Bidder, continue until completion at the same prices, terms and conditions. 1.12. BID PROTEST A. A recommendation for contract award or rejection of award may be protested by a Bidder in accordance with the procedures contained in Sections 2-8.3 and 2-8.4 of the County Code, as amended, and as established in Administrative Order No.3-21. B. A written intent to protest shall be filed with the Clerk of the Board and mailed to all participants in the competitive process and to the County Attorney within three (3) County work days of the filing of the County Manager's recommendation. This three day period begins on the County work day after the filing of the County Manager's recommendation. Such written intent to protest shall state the particular grounds on which it is based and shall be accompanied by a filing fee as detailed in Para C below. C. The written intent to protest shall be accompanied by a non- refundable filing fee, payable to the Clerk of the Board, in accordance with the schedule provided below: Revised 10/2A/07 MIAMI-DADE COUNTY Award Amount $25,000-$100,000 $100,001-$500,000 $500,001-$5 million Over $5 million SECTION 1 GENERAL TERMS AND CONDITIONS Medical and Industrial Gases Filing Fee $500 $1,000 $3,000 $5,000 The protester shall then file all pertinent documents and supporting evidence with the Clerk of the Board and mail copies to all participants in the competitive process and to the County Attorney within three (3) County work days after the filing of a written intent to protest. D. For award recommendations greater than $250,000 the following shall apply: The County's recommendation to award or reject will be immediately communicated (via mail, fax or email) to all participants in the competitive process and fled with the Clerk of the Board. E. For award recommendations from $25,000 to $250,000 the following shall apply: Each County work day, as appropriate, recommendations to award or reject will be posted in the lobby of the Stephen P. Clark Center, located at 111 N.W. 1'` Street. Participants may also call the Awards Line at 305-375-4724, or 800-510-4724, or the contact person as identified on the cover page of the Bid Solicitation. 1.13. RULES, REGULATIONS AND LICENSES The successful Bidder shall comply with all laws and regulations applicable to provide the goods and/or services specified in this Bid Solicitation. The Bidder shall be familiar with all federal, state and local laws that may in affect the goods and/or services offered. 1.14. PACKAGING Unless otherwise specified in the Special Conditions or Technical Specifications, ail containers shall be suitable for shipment and/or storage and comply with Resolution No. 738-92. 1.15. SUBCONTRACTING 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 the contract for default. When Subcontracting is allowed the Bidder shall comply with County Resolution No. 1634-93, Section 10-34 of the County Code and County Ordinance No. 97-35. 1.16. ASSIGNMENT The successful Bidder shall not assign, transfer, hypothecate, or otherwise dispose of this contract, including any rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the County. 1.17. DELIVERY Unless otherwise specified in the Bid Solicitation, prices quoted shall be F.O.B. Destination. Freight shall be included in the proposed price. 1.18. RESPONSIBILITY AS EMPLOYER The employee(s) of the successful Bidder shall be considered to be at all times its employee(s), and not an employee(s) or agent(s) of the County or any of its departments. The successful Bidder shall provide competent and physically employee(s) capable of performing the work as required. The County may require the successful Bidder to remove any employee it deems unacceptable. All employees of the successful Bidder shall wear proper identification. 1.19. INDEMNIFICATION 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 attomey's fees and costs of BID NO.: 7602-5/14 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 attomey's fees which may be incurred 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. 1.20. COLLUSION Where two (2) or more related parties, as defined herein, each submit a Bid for any contract, such Bids shall be presumed to be collusive. The foregoing presumption may be rebutted by the presentation of evidence as to the extent of ownership, control and management of such related parties in preparation and submittal of such Bids. Related parties shall mean Bidder or the principals thereof which have a direct or indirect ownership interest in another Bidder for the same contract or in which a parent company or the principals thereof of one (1) Bidder have a direct or indirect ownership interest in another Bidder for the same contract. Furthermore, any prior understanding, agreement, or connection between two or more corporations, firms, or persons submitting a bid for the same materials, supplies, services, or equipment shall also be presumed to be collusive. Bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may be considered non -responsible, and may be suspended or debarred, and any contract resulting from collusive Bidding may be terminated for default 1.21. MODIFICATION OF CONTRACT The contract may be modified by mutual consent, in writing through the issuance of a modification to the contract, purchase order, change order or award sheet, as appropriate. 1.22. TERMINATION FOR CONVENIENCE The County, at its sole discretion, reserves the right to terminate this contract without cause upon thirty (30) days written notice. Upon 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 prior to notice of termination. The County shall be the sole judge of "reasonable costs." 1.23. TERMINATION FOR DEFAULT The County reserves the right to terminate this contract, in part or in whole, or place the vendor on probation in the event the successful Bidder fails to perform in accordance with the teens and conditions stated herein. The County further reserves the right to suspend or debar the successful Bidder in accordance with the appropriate County ordinances, resolutions and/or administrative orders. The vendor will be notified by letter of the County's intent to terminate. In the event of termination for default, the County may procure the required goods and/or services from any source and use any method deemed in its best interest. All re -procurement cost shall be home by the successful Bidder. 1.24. FRAUD AND MISREPRESENTATION Pursuant to Section 2-8.1.4 of the Miami -Dade County Code, any individual, corporation or other entity that attempts to meet its contractual obligations with the County through fraud, misrepresentation or material misstatement, may be debarred for up to five (5) years. The County as a further sanction may terminate or cancel any other contracts with such individual, corporation or entity. Such individual or entity shall be responsible for all direct or indirect costs associated with termination or cancellation, including attorney's fees. - IV - Revised 10/24/07 MIAMI-DADE COUNTY SECTION 1 GENERAL TERMS AND CONDITIONS Medical and Industrial Gases 1.25. ACCESS TO RECORDS The County reserves the right to require the Contractor to submit to an audit by Audit and Management Services or other auditor of the County's choosing at the Contractor's expense. The Contractor shall provide access to all of its records, which relate directly or indirectly to this Agreement at its place of business during regular business hours. The Contractor shall retain all records pertaining to this Agreement and upon request make them available to the County for three years following expiration of the Agreement. The Contractor agrees to provide such assistance as may be necessary to facilitate the review or audit by the County to ensure compliance with applicable accounting and financial standards. 1.26 OFFICE OF THE INSPECTOR GENERAL Miami -Dade County has established the Office of the Inspector General, which is authorized and empowered to review past, present, and proposed County and Public Health Trust programs, contracts, transactions, accounts, records and programs. The Inspector General (IG) has the power to subpoena witnesses, administer oaths, require the production of records and monitor existing projects and programs. The Inspector General may, on a random basis, perform audits on all County contracts. The cost of random audits shall be incorporated into the contract price of all contracts and shall be one quarter (1/4) of one (1) percent of the contract price, except as otherwise provided in Section 2- 1076(c)(8) of the County Code. 1.27 PRE -AWARD INSPECTION 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 is capable of performing the requirements of this bid solicitation. 1.28 PROPRIETARY/CONFIDENTIAL INFORMATION Bidders are hereby notified that all information submitted as part of, or in support of bid submittals will be available for public inspection after opening of bids in compliance with Chapter 119 of the Florida Statutes; popularly know as the "Public Record Law." The bidder shall not submit any information in response to this invitation, which the bidder considers to be a trade secret, proprietary or confidential. The submission of any information to the County in connection with this invitation shall be deemed conclusively to be a waiver of any trade secret or other protection, which would otherwise be available to the bidder. In the event that the bidder submits information to the County in violation of this restriction, either inadvertently or intentionally, and clearly identifies that information in the bid as protected or confidential, the County shall endeavor to redact and return that information to the bidder as quickly as possible, and if appropriate, evaluate the balance of the bid. The redaction or return of information pursuant to this clause may render a bid non -responsive. 1.29. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (IIIPAA) Any person or entity that performs or assists Miami -Dade County with a function or activity involving the use or disclosure of "individually identifiable health information (1I111) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act Of/MA) of 1996 and the Miami -Dade County Privacy Standards Administrative Order. HIPAA mandates for privacy, security and electronic transfer standards, that include but are not limited to: 1. Use of information only for performing services required by the contract or as required by law; 2. Use of appropriate safeguards to prevent non -permitted disclosures; 3. Reporting to Miami -Dade County of any non permitted use or disclosure; 4. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that I1HI/PHI will be held confidential; BID NO.: 7602-5/14 5. Making Protected Health Information (PHl) available to the customer; 6. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; 7. Making PHI available to Miami -Dade County for an accounting of disclosures; and 8. Making internal practices, books and records related to PHI available to Miami -Dade County for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.30. CHARTER COUNTY TRANSIT SYSTEM SALES SURTAX When proceeds from the Charter County Transit System Sales Surtax levied pursuant to Section 29.I21 of the Code of Miami -Dade County are used to pay for all or some part of the cost of this contract, no award of a Blanket Purchase Order (BPO) for Transit/Public Works as part of a multi -department contract, nor an award of a contract solely for the use of Transit/Public Works shall be effective and thereby give rise to a contractual relationship with the County for Transit/Public Works purchases unless and until both the following have occurred: 1) the County Commission awards the contract, and such award becomes final (either by expiration of 10 days after such award without veto by the Mayor, or by Commission override of a veto); and, 2) either, i) the Citizens' Independent Transportation Trust (CITT) has approved inclusion of Transit/Public Works in this contract, or, ii) in response to the C1TT's disapproval, the County Commission reaffirms TransiUPublic Work's inclusion in the contract by two-thirds (2/3) vote of the Commission's membership and such reaffirmation becomes final. 1.31 LOBBYIST CONTINGENCY FEES A. In accordance with Section 2-11.1(s) of the Code of Miami -Dade County after May, 16, 2003, no person may, in whole or in part, pay, give or agree to pay or give a contingency fee to another person. No person may, in whole or in part, receive or agree to receive a contingency fee. B. A contingency fee is a fee, bonus, commission or non -monetary benefit as compensation which is dependant on or in any way contingent upon the passage, defeat, or modification of: 1) any ordinance, resolution, action or decision of the County Commission; 2) any action, decision or recommendation of the County Manager or any County board or committee; or 3) any action, decision or recommendation of any County personnel during the time period of the entire decision - making process regarding such action, decision or recommendation which forseeably will be heard or reviewed by the County Commission or a County board or committee. 132 COMMISSION AUDITOR — ACCESS TO RECORDS Pursuant to Ordinance No. 03-2, all vendors receiving an award of the contract resulting from this solicitation will grant access to the Commission Auditor to all financial and performance related records, property, and equipment purchased in whole or in part with government funds. -V- Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases 2.1 PURPOSE: TO ESTABLISH A CONTRACT FOR THE COUNTY The purpose of this solicitation is to establish a contract for the purchase of medical and industrial gases for several Miami -Dade County departments in conjunction with the County's needs on an as needed when needed basis. 2.2 SMALL BUSINESS CONTRACT MEASURES FOR SOLICITATIONS GREATER THAN $50,000 (Bid Preference) 2.2.1 A Small Business Enterprise (SBE) bid preference applies to this solicitation. 2.2.2 A 10% percent bid preference shall apply to contracts $1 million or less and 5% percent on contracts greater than $1 million. A SBE/Micro Business Enterprise must be certified by the Department of Business Development (DBD) for the type of goods and/or services the Enterprise provides in accordance with the applicable Commodity Code(s) for this solicitation. For certification information, contact the Department of Business Development at 305-375-3111 or access www.miamidade.gov/dbd. 2.2.3 The SBE/Micro Business Enterprise must be certified by bid submission deadline, at contract award and for the duration of the contract to remain eligible for the preference. 2.3 PRE -BID CONFERENCE Intentionally Omitted 2.4 TERM OF CONTRACT: TWELVE (12) 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, Purchasing Division; and contingent upon the completion and submittal of all required bid documents. The contract shall expire on the last day of the twelve month period. 2.5 OPTION TO RENEW FOR FIVE (5) ADDITIONAL YEAR(S) (With Price Adjustments) 2.5.1 The initial contract prices resultant from this solicitation shall prevail for a one (1) year(s) period from the contract's initial effective date. Prior to, or upon completion, of that initial term, the County shall have the option to renew this contract for an additional five (5) year(s) period on a year-to-year basis. Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases 2.5.2 Prior to completion of each exercised contract term, the County may consider an adjustment to price based on changes in the following pricing index: Consumer Price Index (CPI), All Urban Consumers, All Items, Miami -Fort Lauderdale Area. 2.5.3 It is the vendor's responsibility to request any pricing adjustment under this provision. For any adjustment to commence on the first day of any exercised option period, the vendor's request for adjustment should be submitted ninety (90) days prior to expiration of the then current contract term. The vendor adjustment request should not be in excess of the relevant pricing index change. If no adjustment request is received from the vendor, the County will assume that the vendor has agreed that the optional term may be exercised without pricing adjustment. Any adjustment request received after the commencement of a new option period may not be considered. 2.5.4 The County reserves the right to reject any price adjustments submitted by the vendor and/or to not exercise any otherwise available option period based on such price adjustments. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a County prerogative, and not a right of the vendor. This prerogative will be exercised only when such continuation is clearly in the best interest of the County. 2.5.5 Should the vendor decline the County's right to exercise the option period, the County may consider the vendor in default which decision may effect that vendor's eligibility for future contracts. 2.6 METHOD OF AWARD: To Primary and Secondary Vendors by Group 2.6.1 Award of this contract will be made to the lowest priced two (2) responsive, responsible vendors on a group -by -group basis. The lowest priced vendor for each group will be designated as the Primary Vendor. 2.6.2 To be considered for award by group, the vendor shall offer prices for all items within a given group. The County will then select the two (2) vendors for award for each group by totaling either the unit prices for all of the items within each group, or if so structured, by totaling the extended pricing for each item within each group. If a vendor fails to submit an offer for all items within the group, its offer for that specific group will be rejected. While the award will be made to two (2) vendors by group to assure availability, the lowest priced vendor for each group (the Primary Vendor) will be given the first opportunity to perform under this contract. 2.7 PRICES SHALL BE FIXED AND FIRM FOR TERM OF CONTRACT If the vendor is awarded a contract under this solicitation, the prices proposed by the vendor shall remain fixed and firm during the term of contract. Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases NOTE 1: Cylinder rental prices proposed in this Solicitation shall be quoted on the basis of thirty (30) days of free usage, with demurrage charges to be assessed daily from the thirty- first day on. Rented cylinders will be returned to the vendor when empty or at the expiration of the contract period. 2.8 EXAMINATION OF COUNTY FACILITIES AND INSPECTION OF COUNTY EQUIPMENT Intentionally Omitted 2.9 EQUAL PRODUCT Intentionally Omitted 2.10 LIQUIDATED DAMAGES Intentionally Omitted 2.11 INDEMNIFICATION AND INSURANCE (1) - GENERAL SERVICE AND MAINTENANCE CONTRACT 2.11.1 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. 2.11.2 The vendor shall furnish to the Vendor Assistance Section, Department of Procurement Management, Administration Division, 111 NW 1st Street, Suite 1300, Miami, Florida 33128, 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. Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical. and Industrial Gases B. General 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. Miami -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 less than $300,000 combined single limit per occurrence for bodily injury and property damage. 2.11.3 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: 2.11.3.1 2.11.3.2 2.11.3.3 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 2: MIAMI-DADE COUNTY SOLICITATION NUMBER AND TITLE OF SOLICITATION MUST APPEAR ON EACH CERTIFICATE. CERTIFICATE HOLDER MUST READ: MIAMI-DADE COUNTY 111 NW lst STREET SUITE 1300 MIAMI, FL 33128 2.11.4 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. Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases 2.11.5 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 solicitation within twenty (20) calendar days after Board of Commission approval, the vendor shall be in default of the contractual terms and 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, Paragraph 1.23 of the General Terms and Conditions. 2.11.6 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, Paragraph 2.5 of this 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, 1.23 of this solicitation. 2.12 BID GUARANTY Intentionally Omitted 2.13 PERFORMANCE BOND Intentionally Omitted 2.14 CERTIFICATIONS Intentionally Omitted --10-- Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases 2.15 METHOD OF PAYMENT: PERIODIC INVOICES FOR COMPLETED PURCHASES 2.15.1 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. 2.15.2 All invoices shall contain the following basic information: I. Vendor Information: • 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 II. 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 Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases 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. 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. 2.17 DELIVERY SHALL BE TWO (2) DAYS AFTER DATE OF ORDER OR AS SPECIFIED ON THE PURCHASE ORDER 2.17.1 The vendor shall make deliveries within two (2) calendar days after the date of the order, or as may be otherwise specified on the purchase order. All deliveries shall be made in accordance with good commercial practice and all required delivery timeframes shall be adhered to by the vendor(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 vendor. In these cases, the vendor shall notify the County of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the County. 2.17.2 Should the vendor(s) to whom the contract(s) is awarded fail to deliver in the number of days stated, the County reserves the right to cancel the order on a default basis after any back order period that has been specified in this contract has lapsed. If the order is so terminated, it is hereby understood and agreed that the County has the authority to purchase the goods from the Secondary Vendor, or elsewhere if the County determines such to be in its best interest. 2.17.3 Certain County employees may be authorized in writing to pick-up materials under this contract. Vendors shall require presentation of this written authorization. The vendor shall maintain a copy of the authorization. If the vendor is in doubt about any aspect of material pick-up, vendor shall contact the appropriate user department to confine the authorization. 2.18 BACK ORDER DELAYS IN DELIVERY SHALL NOT BE ALLOWED The County shall not allow any late deliveries attributed to product back order situations under this contract. Accordingly, the vendor is required to deliver all items to the County - - 12 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases within the time specified in this solicitation and resultant contract; and no grace period on account of back order situations shall be honored, unless written authorization is issued by the user department, and a new delivery date is mutually established. In the event that the vendor fails to deliver the products within the time specified, the County reserves the right to cancel the order and seek the items from the Secondary Vendor, or elsewhere as the County deems necessary. 2.19 GUARANTEE SHOULD BE SUPPLIED IN WRITTEN FORM The vendor is required to provide written guarantees on the integrity of the cylinders and the mixtures and purity of the gases required. This information must be provided with the product specifications sheets for each type of gas or mixture of gas in accordance with the best industry standards and practices. The vendor hereby agrees to investigate any or all complaints resulting from items and/or services supplied by the vendor and must agree to accept the return of any items and/or services not found acceptable. Refunds shall be either by check or a credit memorandum, whichever method is selected by the County. 2.20 CONTACT PERSONS For any additional information regarding the terms and conditions of this solicitation and resultant contract, Contact: Km! Ra, at (305) 375-1291; email — kmra@miamidade.gov 2.21 COUNTY USER ACCESS PROGRAM (UAP) 2.21.1 USER ACCESS FEE 2.21.1.1 2.21.1.2 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. - - 13 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases 2.21.2 JOINT PURCHASE 2.21.2.1 2.21.2.2 2.21.2.3 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 fromthe 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 three (3) work days of receipt of an order, of a decision to decline the order. 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. All orders shall be placed directly by the ordering entity with the vendor and shall be paid by the ordering entity less the 2% UAP. 2.21.3 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 ACCEPTANCE OF PRODUCT BY THE COUNTY 2.22.1 The product(s) to be provided hereunder shall be delivered to the County, and maintained if applicable to the contract, in full compliance with the specifications and requirements set forth in this contract. All products will be inspected by an authorized representative of the County. This inspection shall be performed to determine acceptance, appropriate invoicing, and warranty conditions. 2.22.2 If a vendor -provided product is determined to not meet the specifications and requirements of this contract, either prior to acceptance or upon initial inspection, the item will be returned, at vendor expense, to the vendor. At the County's own option, the vendor shall either provide a direct replacement for the item, or provide a full --14-- Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases credit for the returned item. The vendor shall not assess any additional charge(s) for any conforming action taken by the County under this clause. 2.23 ACCIDENT PREVENTION AND BARRICADES Precautions shall be exercised at all times for the protection of persons and property. 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. Barricades shall be provided by the vendor when work is perfoiiiied in areas traversed by persons, or when deemed necessary by the County Project Manager. 2.24 ADDITIONAL FACILITIES MAY BE ADDED 2.24.1 Although this solicitation and resultant contract 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. When required by the pricing structure of the contract, vendor(s) under this contract shall be invited to submit price quotes for these additional facilities. If these quotes are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. If this contract has a single incumbent vendor, the additional site(s) shall be added to this contract by faunal modification of the award sheet. If there are multiple incumbent vendors under this contract, and the additional effort is to be assigned to only one of these vendors, a separate release order will be issued. 2.24.2 The County may determine to obtain price quotes for the additional facilitiesfrom other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the County's discretion. 2.25 AVAILABILITY OF CONTRACT TO OTHER COUNTY DEPARTMENTS Although this Solicitation is specific to certain County Departments, 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 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 - - 15 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases (NIOSH), and the National Fire Protection Association (NFPA). 2.27 IDENTIFICATION OF EACH ITEM Each item must be clearly identified on the offer submittal pages(s) as to make, model number, style number, packaging, and case weight, as requested, in order to be eligible for award. Use of terms such as, "As Spec" is unacceptable. Failure to provide this information with the offer may result in rejection of the offer. NOTE 3: All gas cylinder labeling must meet US Department of Transportation (DOT) and Occupational Safety and Health Standards (OSHA) Regulations and Specifications (Standards — 29 CFR, Section 1910) including, but not limited to, legible markings and proper color coding of cylinders for the purpose of identifying the gas content with either the chemical or trade name of the gas. Such markings shall be by means of stenciling, stamping or labeling, and shall not be readily removable. 2.28 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. 2.29 LEGAL REQUIREMENT FOR POLLUTION CONTROL It is the intent of these specifications to comply with the Miami -Dade County Pollution Control Ordinance as stated in Chapter 24 of the Miami -Dade Code. This ordinance is made a part of these specifications by reference and may be obtained, if necessary, by the vendor through the Department of Environmental Resources Management (DERM), 33 SW 2nd A.ve., Miami, Florida 33130, Telephone (305) 372-6789. 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. 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. - - 16 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases 2.31 GASES AND/OR CYLINDERS SHALL BE NEW AND WARRANTED AGAINST DEFECTS The vendor hereby acknowledges and agrees that all materials (gases and/or cylinders), 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 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 infoiination: 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. 2.33 PRIMARY VENDOR DESIGNATION While the method of award identified in Section 2, Paragraph 2.6 of the solicitation prescribes the method for determining the lowest responsive, responsible vendor, the County will award this contract to the designated lowest vendor as the Primary Vendor and will award this contract to the designated second lowest vendor as the Secondary Vendor respectively. If the County exercises this right, the primary vendor shall be given the first opportunity to perform the service or deliver the goods identified in this contract. If the primary vendor declines this opportunity, the County shall seek the identified goods or services from the secondary vendor. The County may also make award to the third lowest vendor as a tertiary vendor. It should be noted that price adjustments, if allowed under the terms and conditions of this bid, may affect the order of designation. 2.34 PURCHASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE QUOTES While the County has listed all major items within this solicitation which are utilized by County departments in conjunction with their operations, there may be similar 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 similar items. If there are multiple vendors on the contract, the County - - 17 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases representative may also obtain price quotes from these vendors. The County reserves the right to award these similar items to the primary contract vendor, another contract vendor based on the lowest price quoted, or to acquire the items through a separate solicitation. 2.35 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 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 re -procurement costs incurred by the County. 2.36 TESTING OF RANDOM SAMPLES OF DELIVERED PRODUCTS During the term of the contract, 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 default. 2.37 TOXIC SUBSTANCES/Federal "Right to Know" Regulations 2.37.1 The Federal "Right to Know" Regulation implemented by the Occupational Safety and Health Administration (OSHA) 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. 2.37.2 Accordingly, the vendor(s) performing under this contract shall be required to provide two (2) complete sets of Material S afety 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. 2.37.3 For additional information on the Federal Right to Know Regulation, contact OSHA at www.OSHA.gov or call (954) 424-0242. 2.38 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 - - 18 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 2 SPECIAL CONDITIONS Medical and Industrial Gases product. If the bidder fails to submit this information with the Bid Proposal Faun, 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. 2.39 SEPARATE DEMURRAGE CHARGES WILL NOT BE ALLOWED The County shall not incur separate demurrage charges from vendors who supply containers on an interim basis to the County in conjunction with this contract. Any rental or demurrage costs for such containers that are normally charged by the vendor must be reflected in the unit prices offered by the vendor. 2.40 EMERGENCY SERVICE 2.40.1 The bidder agrees by the submission of their bid to prioritize delivery to the Miami - Dade Fire Rescue Department in cases of emergencies or natural disasters. The bidder shall submit emergency contact information for 24-hour contact. 2.40.2 In the event of a State of Emergency is declared by the County Manager, the successful bidder shall provide 24-hour service for emergency delivery to the County Departments. Delivery shall be made throughout the duration pf the State of Emergency within four (4) hours of notification by the County. 2.40.3 Successful bidders may be required to maintain their current pricing for the duration of the State of Emergency. 2.40.4 The vendor shall coordinate efforts with Miami -Dade County in delivering services outside the normal schedule as required under this solicitation. 2.41 MINOR REPAIRS In the event any minor repairs are required to cylinders, storage tanks, or other items associated with the provision of medical and industrial gases on this solicitation, the user department may choose to obtain a written estimate from the awarded vendors on the contract who are capable of supplying the materials and performing the services. The user department will request a written estimate of a firm fixed price from the awarded bidders for the repair service required. The vendor's written estimate should clearly show the labor and materials charges separately; and the vendor shall not proceed with any repair work without the explicit written permission from an authorized County representative on this contract. - - 19 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 3 TECHNICAL SPECIFICATION Medical and Industrial Gases 3.1 SCOPE The vendor will furnish and deliver various medical and industrial gases to several Miami - Dade County Departments. 3.2 GAS PURITY 3.2.1 Vendors should be prepared to provide a certificate of analysis, upon request, for the gases supplied. The certificate should state the type of analysis performed and its lowest detectable limits. 3.2.2 Purity of gases should be stated in either weight percent or volume percent and the units stipulated. 3.2.3 In the case of liquid nitrogen the purity stated by the vendor should indicate if it represents the liquid or gas phase. 3.2.4 The County reserves the right to reject a vendor's bid if it can not be determined that the items bid meet the specifications listed herein. 3.3 GAS SPECIFICATIONS A. HELIUM 1. Guaranteed analysis of: Oxygen < 1 ppm; Water < 1 ppm; Total Hydrocarbons 0.5 ppm 2. Tank size: Approx. 9" x 51", 260 cu. ft., size J 3. 99.999% Purity Min. 4. Use: Gas chromatographic carrier gas B. HYDROGEN 1. Guaranteed analysis of: Oxygen < 5 ppm; Total Hydrocarbons < 0.5 ppm; Water < 2 ppm 2. Tank size: Approx. 9" x 51", 260 cu. ft., size J 3. 99.999% Purity 4. Use: Gas chromatographic detector fuel gas C. NITROGEN 1. High pressure Dewar nitrogen (liquid) 2. Guaranteed analysis of: Oxygen < 0.5 ppm; Water < 2 ppm; Halocarbons < 0.001 ppm; Total Hydrocarbons < 0.5 ppm 3. Use: gas chromatograph detector mark-up gas 4. 160 Liters 5. Size GP45 - - 20 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 3 TECHNICAL SPECIFICATION Medical and Industrial Gases D. METHANE 1. Guaranteed analysis of: Oxygen < 5 ppm; Nitrogen < 20 ppm; Water < 1 ppm; Ethane and Propane < 20 ppm 2. Tank size: Approx. 9" x 51", 356 cu. ft., size J 3. 99.99% Purity 4. Use: Mass spectrometry chemical ionization gas E. ARGON/METHANE (95.5): (ELECTRON -CAPTURE MIXTURE) 1. Guaranteed analysis of: Oxygen < 1 ppm; Water < 1 ppm; Carbon Dioxide < 1 ppm 2. Tank size: Approx. 9" x 56" 3. Use: Electron -capture detector gas F. ACETYLENE: (ATOMIC ABSORPTION GRADE) 1. Use: Atomic Absorption Spectrophotometric fuel gas G. CARBON DIOXIDE 1. Purity approx. 99% 2. Tank size: Approx. 9" x 51", with dip tube 3. Use: Preparation of dry ice and as a coolant gas in sub -ambient gas chromatography H. ARGON 1. 99.9% Purity 2. Tank Size: Approx. 9" x 56" (300 ft3) 3. Atomic Absorption Spectrophotometry I. ARGON/HYDROGEN MIX 1. 95% Argon (99.99% Purity) with 5% Hydrogen (99.99% Purity) 2. Size: Approx. 9" x 56" (260 ft3) 3. Use: Atomic Absorption Spectrophotometry J. ARGON 1. CP Grade, 99.998% K. AIR: GUARANTEED ANALYSIS 1. THC < 0.1 2. H2O<1 L. AIR 1. High Purity. 99.99%, 9" x 51" 2. Use: Gas chromatography - - 21 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 3 TECHNICAL SPECIFICATION Medical and Industrial Gases M. METHANE 1. Ultra High Purity. 99.995% Min. 2. Lecture bottle size with valve 3. Use: Gas chromatography/Mass Spectrometry Ionization Gas N. ISOBUTANE 1. Ultra High Purity, 99.95% Min. 2. Lecture bottle size with valve O. MONITOR CALIBRATION GAS FOR WASD ( ONE CYLINDER OF GAS) Hydrogen Sulfide-25ppm; Carbon Monoxide-100ppm; Pentane-25% LEL (0.35% Vo1);Oxygen-19.00%;Nitrogen-Balance;Volume 25 CuFt;1500psig @ 70 degrees F P. ADDITIONAL ITEMS TO BE USED BY THE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM) Gases used by the DERM Air Monitoring Section These gases are for the calibration and testing of ambient air monitors. All gases must be in Spectra Seal Aluminum Cylinders with a metal valve handle on the cylinder. Gases must be prepared and analyzed in accordance with the USEPA's most current guidelines. EPA Protocol gases must be directly traceable to either NIST (National Institute of Standards) SRMs (Standard Reference Materials) or NTRMS (NIST Traceable Reference Materials). The gases must achieve +/- 1 % accuracy. Analyses must be for carbon monoxide (CO), sulfur dioxide (SO2), nitric oxide (NO) and nitrogen oxides (NOx) as appropriate using the appropriate analytical methods and procedures. It cannot be assumed that the nitric oxide concentration is equal to the nitrogen oxides concentration in the nitric oxide in nitrogen cylinders. Analysis must be done for both (NO and NOx) to the second decimal place (For Example: 24.05 PPM). The NOx concentration cannot be greater than 105% of the NO concentration. Gases must be delivered within one month after being requested with the required documentation and certificates of analysis arriving within two weeks of delivery. Each cylinder must have an individual identification number, which is used for certification records, cylinder tracking and cylinder demurrage fee calculation. An itemized statement must be provided at the end of each month with each cylinder being tracked by the cylinder identification number. The company must be the manufacturer/producer of the specified gases. ITEM DESCRIPTION 1. Nitric Oxide in Oxygen Free Nitrogen (NO in N2) 23.00-27.00 ppm 140 Cubic Feet (CF) NO and NOx concentrations must be done to the second decimal place. For example, 24.05 PPM. - - 22 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 3 TECHNICAL SPECIFICATION Medical and Industrial Gases NO and NOx concentrations cannot be equal. NOx concentration cannot be greater than 105% of the NO concentration. EPA Certification Period 24 months. 2. Sulfur Dioxide in Nitrogen (SO2 in N2) 51.0-55.0 ppm —140 Cubic Feet (CF) Concentration must be done to the second decimal place. For example, 53.77 PPM. EPA Certification Period 24 months. 3. Carbon Monoxide in Air (CO in Air) 8.0-10.0 ppm —144 Cubic Feet (CF) Concentration must be done to the first decimal place. For example, 9.6 PPM. EPA Certification Period 36 months. 4. Carbon Monoxide in Air (CO in Air) 22.0-25.0 ppm —76 Cubic Feet (CF) Concentration must be done to the first decimal place. For example, 23.6 PPM. EPA Certification Period 36 months. 5. Carbon Monoxide in Air (CO in Air) 38.0-40.0 ppm —144 Cubic Feet (CF) Concentration must be done to the first decimal place. For example, 38.9 PPM. EPA Certification Period 36 months. 3.4 CERTIFICATION LABELING 3.4.1 All cylinders shall be clearly labeled with all applicable current inspection certifications in accordance with OSHA Standards Section 1910 and U.S. Department of Transportation Section 49 CFR Part 173. 3.4.2 Hydrostatic testing shall be performed on all cylinders prior to delivery and certified for a minimum of five (5) years. 3.4.3 Hydrostatic testing should be performed on oxygen cylinders by the vendor within no more than a period of sixty (60) days prior to delivery. Miami -Dade Fire Department will be responsible for detecting and separating cylinders that need hydrostatic testing. - - 23 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 3 TECHNICAL SPECIFICATION Medical and Industrial Gases 3.5 CYLINDERS 3.5.1 Cylinders shall have the approved American National Standard Compressed Gas Cylinder Valve Outlet and Inlet Connections as specified in Section 1910 of the OSHA Regulations (Standards — 29 CFR) for each gas used. All valves must be functioning properly at the time of delivery. 3.5.2 In the event the cylinders do not meet the criteria, the vendor will be responsible for the repair and/or replacement of the cylinders at no additional cost to the County. 3.5.3 Vendor is responsible for filling the cylinders to the maximum capacity allowable by the manufacturer. In the event an odd size cylinder not listed on the Bid Proposal Form needs to be refilled, the vendor will charge the standard cost per cubic foot of the gas requested. 3.5.4 Cylinders that have exceeded their authorized service life shall be removed from County property by the vendor and may be properly transported for reprocessing or disposal of the cylinder's contents. Prior approval for cylinder removal shall be obtained from an authorized County representative. NOTE 4: The vendor will be held responsible for furnishing, repairing and hydrostatic testing of all cylinders. 3.6 CYLINDER EXCHANGE 3.6.1 Cylinders delivered for exchange shall be in compliance with all OSHA/DOT safety regulations and standards. Exchanged cylinders shall be unlabeled as to ownership. (exception: Miami -Dade Fire Department owned cylinders only). Miami -Dade Fire Department owned cylinders not to be exchanged with other entities or County departments and must be returned to the Fire Department. 3.6.2 The delivery days for the Fire Department shall be 24 hours after the pickup of empty oxygen bottles. Pickups shall be daily. If day is a public holiday, then the next day shall be the pickup day. 3.7 HYDROSTATIC TESTING TO BE PROVIDED TO THE FOLLOWING EQUIPMENT 1. Oxygen, USP, Size D, 397 liters, dimension 4" x 17" 2. Oxygen USP, Size E, 662 liters, dimension 4" x 26 with combination regulator/flow meter 3. Oxygen USP, Size M, 122 cu. ft., dimension 7" x 43" --24-- Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 3 TECHNICAL SPECIFICATION Medical and Industrial Gases 4. Oxygen USP, Size H, 224 cu. ft., dimension 9" x 51" 5. Nitrogen, UHP Grade, for gas chromatograph, 99-998%, Size H, 225 cu. ft. 6. Nitrogen, CP Grade, 99.0%, Size HH, 230 cu. ft. 7. Hydrogen, UHP, 99.999%, Size A, 262 cu. ft., dimension 9" x 51" 8. Air, UHP, Size HH, 310 cu. ft., 99.998% 9. Helium Gas (for balloons) 242 cu. ft., Size H 10. Helium UHP, 99.999%, Size J, 291 cu. ft. 11. Acetylene, Atomic Absorption Grade, 99.6% in large cylinder, 300 cu. ft., L-5, 12 x 16 12. Argon Liquid, size H, Dewars, 160 liter cylinder 13. Acetylene, Atomic Absorption Grade, 99.6% in 10 cu. ft. 14. Oxygen, USP, in 10 cu. ft. 15. Oxygen, USP, 7" x 23" CTC/DOT 3AL2216, Luxfer 7A87, 35 cu. ft. 16. UPC Hydrogen, 99.999%, Size J 260 SFC 17. UPC Helium, 99.999%, Size J 291 SCF 18. Calibration Gas, 2.03% oz. Balance N2, Size 13, 240 cu.ft./cylinder (Certified Standard) 9 x 15 19. Calibration Gas, 796 PPM H2, 774 PPM CO2, 1.03% 02, Balance N2, Size H, 220 cu. ft. /cylinder (Certified Standard) 20. 40% Hydrogen, 60% Nitrogen, 33 cu. ft., 28 lbs. 21. Liquid Oxygen, Medical Grade, 180 Ltr. Dewars Medium Pressure (50 PSI) cylinder with built-in flow regulator. (FOR MIAMI-DADE FIRE DEPARTMENT AIR RESCUE). NOTE 5: All Fire Department "D", "H", and "M" cylinders are the property of Miami - Dade County Fire Department. - - 25 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 3 TECHNICAL SPECIFICATION Medical and Industrial Gases 3.8 SPECIFICATIONS FOR MIAMI-DADE POLICE DEPARTMENT CRIME LABORATORY BUREAU a. Nitrogen, UHP Grade, for Gas Chromatograph, 99-99.8%, Size J b. Nitrogen, Low Pressure 180 liter, liquid c. Hydrogen, Zero Grade, Size J d. Helium UHP Grade, 99.99% Size J e. Air, Ultra Zero Grade, Size J 3.9 SPECIFICATIONS FOR ANIMAL SERVICES DEPARTMENT ANIMAL SERVICES a. Oxygen, High Pressure b. Small Medical 3.10 LIQUID OXYGEN) 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. 3.10.1 DELIVERY Delivery of Liquid Oxygen 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 4,500 gallons of LOX @ 70 degrees, equal 115.1 standard cubic feet. 3.10.2 TANK TRUCKS The Liquid Oxygen will be only 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 (2) weeks (i.e. 42 loads). Usage over the maximum given above will result in Miami- Dade County requesting bids for that particular Emergency. 3.10.3 SITE LOCATIONS The contact person for all of the sites requiring liquid oxygen will be Joseph Cummings, Supervisor of Oxygen Plants, 305-365-5635 or 305-949-9898. The following are the sites which will require liquid oxygen to be delivered to and the sizes of the storage tanks at those locations. - - 26 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 3 TECHNICAL SPECIFICATION Medical and Industrial Gases 1. NORTH DISTRICT WASTEWATER TREATMENT PLANT 2575 N.E. 151 STREET, NORTH MIAMI BEACH, FL. Size and number of Liquid Oxygen storage tanks: One (1) each: 600,000 gal. Sphere 2. CENTRAL DISTRICT WASTEWATERTREATMENT PLANT 3989 RICKENBACKER CAUSEWAY, VIRGINIA KEY, MIAMI, FL. Size and number of Liquid Oxygen storage tanks: Four (4) each: 15,000 gal. Tanks 3. SOUTH DISTRICT WASTEWATER TREATMENT PLANT 8950 S.W. 232 STREET, GOULDS, FL. Size and number of Liquid Oxygen storage tanks: Four (4) each 15,000 gal. Tanks 3.11 DELIVERY LOCATIONS FOR GROUPS ONE (1) THRU FOUR (4) (MEDICAL & INDUSTRIAL GASES) The bidder shall deliver items to the following County facilities and locations as required: FIRE DEPARTMENT Fire Supply Air Rescue Air Rescue 8010 N.W. 60th Street, Miami, Florida Tamiami Airport (sta. 24) 14150 S.W. 127 St. , Miami, FL Opa-Locka Airport (sta. 99) 4301 N.W. 145th St. Miami, FL ENVIRONMENTAL RESOURCES 211 W. Flagler Street, Miami, Florida MEDICAL EXAMINER Number One on Bob Hope Road, Miami, Florida HUMAN SERVICES Health Center 2500 N.W. 22nd Avenue, Miami, Florida - - 27 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 3 TECHNICAL SPECIFICATION Medical and Industrial Gases PARK AND RECREATION 10775 S.W. 84th Street, Kendall and other locations as needed. AVIATION DEPARTMENT McLaughlin Drive at Perimeter Road (Station 12) Building 1044 Miami International Airport Fire Rescue Station #59, 5600 NW 36 Street, Miami, FL 33122 Fire Rescue Station #25, Opa Locka Airport, 14200 NW 42 Avenue, Opa Locka Fire Rescue Station #12, Miami International Airport, Midfield, Entrance at Southeast Gate, Perimeter Road and McLaughlin Maintenance Warehouse, 4331 NW 22nd Street, Building 3040 (Warehouse), Miami, FL 33122 Contact Name for all deliveries to Aviation (Fire Rescue Unit) is Mirtha Garcia, Telephone No. 305-876-0609 Contact Name for all Aviation (Maintenance Warehouse) is Aston Burnett, Telephone No. 305-876-7329 NOTE 6: For the Miami -Dade Aviation, Fire Rescue Unit, it is required that the Vendor deliver Nitrogen bottles to be used as propellant for the fire agents used in the Fire Rescue Unit's ARFF trucks. These special bottles are equipped with the department's own valves. MIAMI DADE WATER & SEWER DEPARTMENT Virginia Key (Central District WWTP) Black Point (South District WWTP) Interama (North District - WWTP) John E. Preston Water Treatment Plant Alexander Orr Jr. Water Treatment Plant Westwood Lakes MIAMI-DADE POLICE DEPARTMENT 3989 Rickenbacker Cswy, Key Biscayne 8950 SW 232nd Street, Miami 2575 NE 151st Street, North Miami Beach 1100 W. 2nd Avenue, Hialeah 6800 SW 87th Avenue 4801 SW 117th Avenue, Miami 9105 N.W. 25th Street -Crime Laboratory Bureau Station No. 1 5975 Miami Lakes Drive East Station No. 2 2950 N.W. 83rd Street Station No. 3 9105 N.W. 25th Street --28-- Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 3 TECHNICAL SPECIFICATION Medical and Industrial Gases Station No. 4 10800 S.W. 211th Street, Headquarters Complex Station No. 5 7707 S.W. 117th Avenue, Kendall Station No. 6 15665 Biscayne Boulevard Station No. 7 Airport ANIMAL SERVICES DEPARTMENT 7401 N.W. 74th St. -Animal Services 10700 S.W.211 St. -Animal Services (South Dade Shelter) PUBLIC WORKS DEPARTMENT RBCM — 9301 NW 58th Street Bridge Shop — 15 SE 5th Street Mosquito Control Division — 8901 NW 58 Street, Miami, Florida 33178 Traffic Signals & Signs Division — 7100 NW 36th Street, Miami, Florida 33157 3.12 DELIVERY LOCATIONS FOR GROUPS FIVE (5) AND SIX (6) (WELDING GASES & LIQUID OXYGEN) The bidder shall deliver items to the following County facilities and locations: FIRE DEPARTMENT Fire Shop 6100 S.W. 87 Avenue, Miami, Florida — Stock Rm., Bldg #2 MIAMI —DADE WATER & SEWER DEPARTMENT Distribution Hialeah Westwood Lakes Alexander Orr Jr. WTP Virginia Key (Central District WWTP) Black Point (South District WWTP) Interama (North District WWTP) 1001 NW 11th Street, Miami 800 West 3rd Avenue, Hialeah 4801 SW 117th Avenue, Miami 6800 SW 87'h Avenue, Miami 3989 Rickenbacker Cswy, Key Biscayne 8950 SW 232nd Street, Miami 2575 NE 151st Street, North Miami Beach - - 29 - - Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 4 BID SUBMITTAL FORM Submit Bid To: CLERK OF THE BOARD Stephen P. Clark Center 111 NW 1st Street 17th Floor, Suite 202 Miami, Florida 33128-1983 OPENING: 2:00 P.M. Wednesday, January 23, 2008 PLEASE QUOTE PRICES F.O.B. DESTINATION, LESS TAXES, DELIVERED IN MIAMI-DADE COUNTY, FLORIDA NOTE: Miami -Dade County is exempt from all taxes (Federal, State, Local). Bid price should be less all taxes. Tax Exemption Certificate furnished upon request. Issued DPM Date Issued: by:994 Purchasing Division 12/31/2007 This Bid Submittal Consists of Pages 30 through 41 Sealed bids subject to the Terms and Conditions of this Invitation to Bid and the accompanying Bid Submittal. Such other contract provisions, specifications, drawings or other data as are attached or incorporated by reference in the Bid Submittal, will be received at the office of the Clerk of the Board at the address shown above until the above stated time and date, and at that time, publicly opened for furnishing the supplies or services described in the accompanying Bid Submittal Requirement. MEDICAL AND INDUSTRIAL GASES A Bid Deposit in the amount of N/A of the total amount of the bid shall accompany all bids A Performance Bond in the amount of N/A of the total amount of the bid will be required upon execution of the contract by the successful bidder and Miami -Dade County DO NOT WRITE IN THIS SPACE ACCEPTED HIGHER THAN LOW NON -RESPONSIVE NON -RESPONSIBLE DATE B.C.C. NO BID ITEM NOS. ACCEPTED COMMODITY CODE: 430-92, 430-42 Sr. Procurement Contracting Agent Km! Ra FIRM NAME: RETURN ONE ORIGINAL AND TWO COPIES OF BID SUBMITTAL PAGES AND AFFIDAVITS FAILURE TO COMPLETE THE CERTIFICATION REGARDING LOCAL PREFERENCE ON PAGE 41 OF SECTION 4, BID SUBMITTAL FORM SHALL RENDER THE VENDOR INELIGIBLE FOR LOCAL PREFERENCE FAILURE TO SIGN PAGE 41 OF SECTION 4, BID SUBMITTAL FORM, WILL RENDER YOUR BID NON -RESPONSIVE --30-- Revised 10/24/07 MIAMI-DADE COUNTY BID SUBMITTAL FOR: BID NO.: 7602-5/14 MEDICAL AND INDUSTRIAL GASES FIRM NAME: Item Estimated Description Unit Extended No. Quantities Price Price MEDICAL GASES GROUP 1 1. 10,500 Cyl. Oxygen, USP, Size D, 397 Liters Dimension 4" x 17" 2. 25 Cyl. Medical Grade Liquid Oxygen supplied in DEWAR 180 Liter Cylinder with low pressure-50 PSI regulator only. $ /cyl. $ 3. 2600 Cyl. Oxygen, USP, Size M, 122 cu. ft. $ /cyl. $ Dimension 7" x 43" 4. 100 Cyl. Oxygen, USP, Size H, 224 cu. ft. $ /cyl. $ Dimension 9" x 51" TOTAL GROUP 1 (ITEMS 1— 4) Item Estimated Description Unit Extended No. Quantities Price Price GROUP 2 5. 80 Cyl. Nitrogen, UHP Grade, for Gas $ /cyl. $ Chromatograph, 99.998%, Size H, 230 Cu. Ft. 6. 30 Cyl. Nitrogen, CP Grade, 99.0%, Size HH, $ /cyl. $ 280 Cu. Ft. 7. 12 Cyl. Hydrogen, UHP, 99.999%, 262 Cu. Ft. $ /cyl. $ Dimension 9" x 51", Size A --31-- Revised 10/24/07 MIAMI-DADE COUNTY BID SUBMITTAL FOR: BID NO.: 7602-5/14 MEDICAL AND INDUSTRIAL GASES FIRM NAME: 8. 25 Cyl. Air UHP, Size HH, 310 Cu. Ft., 99.998% $ /cyl. $ 9. 25 Cyl. Helium Gas (For Balloons), 242 Cu. Ft., $ /cyl. $ Size H 10. 85 Cyl. Helium UHP, 99.999%, Size J, $ /cyl. $ 291 Cu. Ft. 11. 20 Cyl. Acetylene, Atomic Absorption Grade $ /cyl. $ 99.6% in Large Cylinder, 300 Cu. Ft., L-5, 12 x 16 12. 20 Cyl. Argon, Liquid Size H, Dewars, $ /cyl. $ 160 Liter Cyl. 13. 20 Cyl. Acetylene, Atomic Absorption, $ /cyl. $ Grade 99.6% in 10 Cu. Ft. 14. 20 Cyl. Oxygen, USP in 10 Cu. Ft. $ /cyl. $ 15. 20 Cyl. Oxygen, USP, in Cylinders 7" x 23" $ /cyl. $ CTC/DOT 3AL2216, Luxfer 7A87, 35 Cu. Ft. 16. 20 Cyl. UPC Hydrogen, 99.999%, Size J, 260 SCF $ /cyl. $ 9" x 55" 17. 50 Cyl. UPC Helium, 99.999%, Size J, 291 SCF $ /cyl. $ 9" x 55" 18. 3 Cyl. Calibration Gas, 2.03% 02 Balance N21, $ /cyl. $ Size B, 240 Cu. Ft. (Certified Standard) 9"x51" - - 32 - - Revised 10/24/07 MIAMI-DADE COUNTY BID SUBMITTAL FOR: BID NO.: 7602-5/14 MEDICAL AND INDUSTRIAL GASES FIRM NAME: 19. 2 Cyl. Calibration Gas, 796 ppm H2, 774 ppm, $ /cyl. $ CO2, 1.03%, 02 Balance N2, Size H, 220 Cu. Ft. (Certified Standard) 20. 80 Cyl. 40% Hydrogen, 60% Nitrogen, 33 Cu. Ft. $ /cyl. $ 28 lbs. 21. 5 Cyl. Zero -Grade (4.8) Argon Gas $ /cyl. Approx. 220 CuFt 22. 6 Cyl. Welder' s-Grade Acetylene $ /cyl. Size 2.1 MONITOR CALIBRATION GAS FOR THE WATER AND SEWER DEPARTMENT: 23. 10 Cyl. Hydrogen Sulfide, 25ppm; Carbon Monoxide, 100ppm;Pentane, 25% LEL (0- 35% Vol); Oxygen, 19.00%; Nitrogen, balance, col 25 CuFt, 1500psig @ 70 degrees F 24. 15 Cyl. Nitrogen, UHP Grade, for Gas Chromatograph, 99 99.8%, Size J $ /cyl. $ 25. 55 Cyl. Nitrogen, Low Pressure, 180 liter, liquid $ /cyl. $ 26. 8 Cyl. Hydrogen, Zero Grade, Size J $ /cyl. $ 27. 24 Cyl. Air, Ultra Zero Grade, Size J $ /cyl. $ ADDITIONAL ITEMS TO BE USED BY THE DEPARTMENT OF ENVIRONMENTAL RESOURCES MANAGEMENT (DERM): 28. 3 Cyl. Nitric Oxide in Oxygen Free Nitrogen (NO in N2) 23-27 ppm; —140 Cubic Feet (CF); EPA Certification Period 24 months. $ /cyl. $ --33-- Revised 10/24/07 MIAMI-DADE COUNTY BID SUBMITTAL FOR: BID NO.: 7602-5/14 MEDICAL AND INDUSTRIAL GASES FIRM NAME: 29. 2 Cyl. Sulfur Dioxide in Nitrogen (SO2 in N2) 51-55 ppm MUST BE GREATER THE 50 ppm; - -140 Cubic Feet (CF); EPA Certification Period 24 months 30. 5 Cy1. Carbon Monoxide in Air (CO in Air), 8-10 ppm; -144 Cubic Feet (CF); EPA Certification Period 36 months $ /cyl. $ 31. 5 Cy1. Carbon Monoxide in Air (CO in Air) 22-25 ppm; -76 Cubic Feet (CF); EPA Certification Period 36 months $ /cyl. $ 32. 5 Cyl. Carbon Monoxide in Air (CO in Air); 38-40 ppm; -144 Cubic Feet (CF); EPA Certification Period 36 months $ /cyl. $ TOTAL GROUP 2 (ITEMS 5 - 32) Item Estimated Description Unit Extended No. Quantities Price Price GROUP 3 33. 110 Cyl. Helium, Dimension 9' x 51", Size J, $ /cyl. $ 290 Cu. Ft. 34. 37 Cyl. Hydrogen, Water, Dimensions, 9" x 51" $ /cyl. $ Size J, 260 Cu. Ft. 35. 50 Cyl. Nitrogen, High Pressure Dewar (Liquid) $ /cyl. $ 160 Liters, Size GP45 36. 5 Cyl. Methane, Dimensions 9" x 51", Size J $ /cyl. $ 356 Cu. Ft. --34-- Revised 10/24/07 MIAMI-DADE COUNTY BID SUBMITTAL FOR: BID NO.: 7602-5/14 MEDICAL AND INDUSTRIAL GASES FIRM NAME: 37. 50 Cyl. Argon Methane (Electron -Capture $ /cyl. $ Mixture), Dimension 9" x 56", 95% Argon, 5% Methane 38. 40 Cyl. Air 310 Cu. Ft., Size J, Ultra Zero $ /cyl. $ 39. 10 Cyl. Carbon Dioxide, 99% Purity, Dimensions $ /cyl. 9" x 51", 50 lbs. with dip tube 40. 12 Cyl. Argon, 99.99% Purity, Dimensions $ /cyl. $ 9"x56", 300 Cu. Ft. 41. 2 Cyl. Argon/Hydrogen Mix, 99.99% Purity with $ /cyl $ 5% Hydrogen, 99.99% Purity, Dimensions 9" x 56", 260 cu.ft. 42. 10 Cyl. Air, High Purity, 99.99%, 9" x 51" $ /cyl. $ 43. 6 Cyl. Methane, Ultra High Purity, 99.995% Min. $ /cyl. $ Lecture Bottle w/Valve 44. 6 Cyl. Isobutene Ultra High Purity, 99.995% Min. $ /cyl. $ Lecture Bottle w/Valve TOTAL GROUP 3 (ITEMS 33 - 44) Item Estimated Description Unit Extended No. Quantities Price Price GROUP 4 45. 1 Cyl. High Purity Oxygen (OX/493 CH) K $ /cyl. $ --35-- Revised 10/24/07 MIAMI-DADE COUNTY BID SUBMITTAL FOR: BID NO.: 7602-5/14 MEDICAL AND INDUSTRIAL GASES FIRM NAME: 46. 1 Cy1. 91% Oxygen/Balance, Nitrogen $ /cyl. $ (OXNT2CH) K 47. 1 Cy1. High Purity Nitrogen, (34435) K $ /cyl. $ 48. 2 Cy1. Zero Air (32075) K $ /cyl. $ 49. 2 Cy1. 40% Hydrogen/60% Nitrogen $ /cyl. $ (38531) K 50. 6,000 Lbs. Dry Ice (Carbon Dioxide) $ /lb. $ 51. 1 Cy1. 100 ppm Methane/Balance, Air K $ /cyl. $ 52. 1 Cy1. 2.5 Methane W/Air Size F, (Refill only) TOTAL GROUP 4 (ITEMS 45 - 52) Item Estimated Description Unit Extended No. Quantities Price Price WELDING GASES & LIQUID OXYGEN GROUP 5 53. Oxygen: "K" type cylinders, USP approved $ per/cu. ft. $ 520,000 Cylinder size: 180 cu. ft. /cyl. cubic feet 54. Oxygen: small size cylinders $ per/cu. ft. $ 137,000 Cylinder size: 125 cu. ft. /cyl. cubic feet 55. Acetylene, "WSL" type cylinder $ per/cu. ft. $ 103,500 Cylinder size: 145 cu. ft. /cyl. cubic feet - - 36 - - Revised 10/24/07 MIAMI-DADE COUNTY BID SUBMITTAL FOR: BID NO.: 7602-5/14 MEDICAL AND INDUSTRIAL GASES FIRM NAME: 56. Acetylene: small size cylinders 22,500 Cylinder size:.85 cu. ft. /cyl. cubic feet 57. Argon Gas 89,000 Cylinder size: 336 cu. ft. /cyl. cubic feet 58. Argon Gas 2.2 type cylinder 90,700 Cylinder size: 42cu. ft. /cyl. cubic feet 59. Argon Gas "R" type cylinder 89,000 Cylinder size: 20 cu. ft. /cyl. cubic feet $ per/cu. ft. $ per/cu. ft. $ per/cu. ft. $ per/cu. ft. $ 60. Arcox Gas $ per/cu. ft. $ 41,400 Cylinder size: 356 cu. ft. /cyl. cubic feet 61. Co2 Gas: small cylinders $ per/lb $ 6,000 lbs. Cylinder size: 50 lbs/cyl. 62. Nitrogen, dry process 280 $ per/cu. ft. $ 48,800 Cylinder size: 304 cu. ft. /cyl. cubic feet 63. 4 Cy1. Oxygen, "T" Cylinder $ per/cyl. $ 64. 25 Cyl. Nitrogen, "T" Cylinder, must be in accordance with BB-N-411 (type 1, Grade A and and B) for purging LOX bottles $ per/cyl. S TOTAL GROUP 5 (ITEMS 53 - 64) $ - - 37 - - Revised 10/24/07 MIAMI-DADE COUNTY BID SUBMITTAL FOR: BID NO.: 7602-5/14 MEDICAL AND INDUSTRIAL GASES FIRM NAME: Item Estimated Description Unit Extended No. Quantities Price Price GROUP 6 65. 189,000 gals LOX by Tank truck as specified Product Manufacturer: Shipping Point: Number of years distributing LOX: TOTAL GROUP 6 (ITEM 65) $ per/gal. $ OPTIONS:GROUPS 1 THRU 4 COST TO PURCHASE REPLACEMENTCYLINDERS 66. Size B $ 67. Size D $ 68. Size E $ 69. Size H $ 70. Size HH $ 71. Size .K $ 72. Dewars $ 73. Size M $ 74. Size T $ 75. Size W $ 76. Other $ Type: - - 38 - - Revised 10/24/07 MIAMI-DADE COUNTY BID SUBMITTAL FOR: BID NO.: 7602-5/14 MEDICAL AND INDUSTRIAL GASES FIRM NAME: EMERGENCY CONTACT INFORMATION Name of Contact Person: Emergency Phone No.: Cellular No.: (As per Section 2, Para. 2.40) OPTIONS: GROUPS 5 THRU 6 77. Prices given are quoted with Cylinder Demurrage terms to apply as follows: Cylinders will be loaned free for thirty (30) Days; thereafter $ per day per cylinder Demurrage charge will apply. 78. Charge for lost cylinders: $ Each --39-- Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 SECTION 4 BID SUBMITTAL FOR: MEDICAL AND INDUSTRIAL GASES ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART II, WHICHEVER APPLIES PART I: LIST BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN CONNECTION WITH THIS BID Addendum #1, Dated Addendum #2, Dated Addendum #3, Dated Addendum #4, Dated Addendum #5, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated PART II: n NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID FIRM NAME: AUTHORIZED SIGNATURE: DATE: TITLE OF OFFICER: -40- Revised 10/24/07 MIAMI-DADE COUNTY BID NO.: 7602-5/14 BID SUBMITTAL FORM Bid Title: MEDICAL AND INDUSTRIAL GASES By signing this Bid Submittal Form the Bidder certifies that it satisfies all legal requirements (as an entity) to do business with the County, including all Conflict of Interest and Code of Ethics provisions in Section 2-11 of the Miami -Dade County Code. Any County employee or member of his or her immediate family seeking to contract with the County shall seek a conflict of interest opinion from the Miami -Dade County Ethics Commission prior to submittal of a Bid response or application of any type to contract with the County by the employee or his or her immediate family and file a copy of that request for opinion and any opinion or waiver from the Board of County Commissioners with the Clerk of the Board. The affected employee shall file with the Clerk of the Board a statement in a form satisfactory to the Clerk disclosing the employee's interest or the interest of his or her immediate family in the proposed contract and the nature of the intended contract at the same time as or before submitting a Bid, response, or application of any type to contract with the County. Also a copy of the request for a conflict of interest opinion from the Ethics Commission and any corresponding opinion, or any waiver issued by the Board of County Commissioners, must be submitted with the response to the solicitation. In accordance with Sec. 2-11.1(s) of the County Code as amended, prior to conducting any lobbying regarding this solicitation, the Bidder must file the appropriate form with the Clerk of the Board stating that a particular lobbyist is authorized to represent the Bidder. Failure to file the appropriate form in relation to each solicitation may be considered as evidence that the Bidder is not a responsible contractor. The Bidder confirms that this Bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a Bid for the same goods and/or services and in all respects is without collusion, and that the Bidder will accept any resultant award. Further, the undersigned acknowledges that award of a contract is contingent upon vendor registration. Failure to register as a vendor within the specified time may result in your firm not being considered for award. Pursuant to Miami -Dade County Ordinance 94-34, any individual, 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. ❑ Place a check mark here only if bidder has such conviction to disclose to comply with this requirement. COUNTY USER ACCESS PROGRAM (UAP): Joint purchase and entity revenue sharing program For the County's information, the bidder is requested to indicate, at 'A' and `B' below, its general interest in participating in the Joint Purchase Program of the County User Access Program (UAP) described in Section 2.21 of this contract solicitation, if that section is present in this solicitation document. Vendor participation in the Joint Purchase portion of the UAP is voluntary, and the bidder's expression of general interest at `A' and `B' below is for the County's information only and shall not be binding on the bidder. A. If awarded this County contract, would you be interest in participating in the Joint Purchase portion of the UAP with respect to other governmental, quasi -governmental or not -for -profit entities located within the geographical boundaries of Miami -Dade County? Yes No and B. If awarded this County contract, would you be interested in participating in the Joint Purchase portion of the UAP with respect to other governmental, quasi -governmental or not -for -profit entities located outside the geographical boundaries of Miami -Dade County? Yes No LOCAL PREFERENCE CERTIFICATION: The responding vendor hereby attests, by checking one of the following blocks, that it is ❑, or is not ❑, a local business. For the purpose of this certification, a "local business" is a business located within the limits of Miami -Dade County (or Broward County in accordance with the Interlocal Agreement between the two counties) that conforms with the provisions of Section 1.10 of the General Terms and Conditions of this solicitation and contributes to the economic development of the community in a verifiable and measurable way. This may include, but not be limited to, the retention and expansion of employment opportunities and the support and increase to the County's tax base. Failure to complete this certification at this time (by checking the appropriate box above) shall render the vendor ineligible for Local Preference. Firm Name: Street Address: Mailing Address (if different): Telephone No. Fax No. Email Address: FEIN No. / - / / / / / / Prompt Payment Terms: % days net days *"By signing this document the bidder agrees to all Terms (Please see paragraph 1.2 H of General Terms and Conditions) and Conditions of this Solicitation and the resulting Contract" Signature: (Signature of authorized agent) Print Name: Title: Failure to sign this page shall render your Bid non -responsive. -41- Revised 10/24/07 MIAMI• COUNTY, APPENDIX AFFIDAVITS FORMAL BIDS MIAMI-DADE COUNTY BID NO.: 7602-5/14 MIAMI-DADE COUNTY BID AFFIDAVITS • DISABILITY NONDISCRIMINATION AFFIDAVIT (Resolution R-385-95) I, being duly first sworn, state that this firm, corporation, or organization is in compliance with and agrees to continue to comply with, and assure that any subcontractor, or third party contractor under this contract complies with all applicable requirements of the laws listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services, transportation, communications, access to facilities, renovations, and new construction. The Americans with Disabilities Act of 1990 (ADA), Pub. L. 101-336, 104 Stat 327, 42 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services; Title III, Public Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions. The Rehabilitation Act of 1973, 29 U.S.C. Section 794 The Federal Transit Act, as amended 49 U.S.C. Section 1612 The Fair Housing Act as amended, 42 U.S.C. Section 3601-3631 ■ MIAMI-DADE COUNTY DEBARMENT DISCLOSURE AFFIDAVIT (Ordinance 93-129) See Section 1 (1.3H) I, being duly first sworn, upon oath deposes and says that the bidder of this contract or his agents, officers, principals, stockholders, subcontractors or their affiliates are not debarred by Miami -Dade County. ■ MIAMI-DADE COUNTY COLLECTION OF TAXES, FEES AND PARKING TICKETS AFFIDAVIT (Ordinance 95-178) Section 1 (1.3 E) I, being first duly sworn state that in compliance with the procedures contained in Section 2-8.1(c) of the Code of Miami -Dade County, and as amended by Ordinance 95-178, this firm hereby certifies that the foregoing statements are true and correct. That all delinquent and currently due fees or taxes (including, but not limited to, real and personal property taxes, convention and tourist development taxes, utility taxes, and occupational license taxes) collected in the normal course by the Miami -Dade County Tax Collector and County issued parking tickets for vehicles registered in the name of the above firm, have been paid. • AFFIDAVIT RELATING TO INDIVIDUALS AND ENTITIES ATTESTING BEING CURRENT IN THEIR OBLIGATIONS TO MIAMI-DADE COUNTY (Ordinance 99-162) See Section 1 (1.3 N) I, being first duly sworn state that in compliance with County Ordinance 99-162, the bidder is not in arrears in any payment under a contract, promissory note or other loan document with the County, or any of its agencies or instrumentalities, including the Public Health Trust (hereinafter referred to as "County"), either directly or indirectly through a firm, corporation, partnership or joint venture in which the individual or entity has a controlling financial interest as that term is defined in Section 2-11.1(b)(8) of the County Code. Page 1 of 8 Revised 10/24/01 MIAMI-DADE COUNTY BID NO.: 7602-5/14 ■ MIAMI-DADE COUNTY DOMESTIC VIOLENCE LEAVE AFFIDAVIT (Ordinance 99-5 & Resolution R-185-00) That in compliance with Ordinance No 99-5, Resolution No. R-185-00 and the Code of Miami -Dade County, Florida, the following information is provided and is in compliance with all items in the aforementioned legislation. As an employer having, in the regular course of business, fifty (50) or more employees working in Miami -Dade County for each working day during each of twenty (20) or more calendar work weeks in the current or preceding calendar year, do hereby certify to be in compliance with the Domestic Leave Ordinance, codified at 1 IA-60 et. Seq., of the Miami - Dade -County Code, and that the obligation to provide domestic violence leave to employees shall be a contractual obligation. BY SIGNING AND NOTARIZING THIS PAGE YOU ARE ATTESTING TO AFFIDAVITS ON PAGES 1 AND 2 By: MIAMI-DADE COUNTY AFFIDAVITS SIGNATURE PAGE �:?"'-° :'�(�mr:'yu„�i'=�..�'.,3 a8'�_,z;,'�x„�:�..Y'ra?'� a.�'�E'.?..��iF�.Ci �..k.. i.t�s `?�:-.7°i,.3��3' .�.'�a.:b�: u-�.��.'�'�°�,Y,4"*T,'in. �i�. �0'...'�`.. af,�m��°s�iiryli(�r'�':«.,�e:er..�.e aa4�'f.--.�4: fie. ..✓w« Signature of Affiant Date 20 / - / / / / / / / Printed Name of Affiant and Title Federal Employer Identification Number Printed Name of Firm Address of Firm SUBSCRIBED AND SWORN TO (or affiunied) before me this day of , 20 He/She is personally known to me or has presented as identification. Type of identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary Public — State of Nota-v Seal Page 2 of 8 Revised 10/24/01 MIAMI-DADE COUNTY BID NO.: 7602-5/14 LIVING WAGE AFFIDAVIT (County Ordinance 99-44) I, being first duly sworn hereby state and certify that in compliance with Section 2-8.9 of the Miami -Dade County Code, by accepting award of this contract, the bidder or proposer agrees to pay the living wage required by County Ordinance 99-44 to all employees assigned to this contract. The bidder or proposer further understands that the current living wage applied to this contract is $9.81 per hour plus health benefits as described in the ordinance, or $11.23 per hour without health benefits. The Living Wage required by Ordinance 99-44 is subject to indexing as set -forth in Section "C" (Indexing). By: 20 Signature of Affiant Date /-/// / / / / Printed Name of Affiant and Title Federal Employer Identification Number Printed Name of Firm Address of Firm SUBSCRIBED AND SWORN TO (or affirmed) before me this day of , 20 He/She is personally known to me or has presented as identification. Type of identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary Public — State of Page 3 of 8 8/15/.05 MIAMI-DADE COUNTY BID NO.: 7602-5/14 AFFIRMATIVE ACTION PLAN/PROCUREMENT POLICY AFFIDAVIT (Code of Miami -Dade County Section 2-8.1.5) (Ordinance No. 98-30) I, being duly first sworn, hereby state that the bidder of this contract: ❑ has a current Afivative Action Plan and Procurement Policy, as required by Section 2-8.1.5 of the Code of Miami -Dade County, processed and approved for filing with the Miami Dade County Department of Business Development (DBD) under the file No. and the expiration date of ❑ had annual gross revenues in excess of $5,000,000.00 for the previous year and does not have a current Affirmative Action Plan and Procurement Policy as required by Section 2-8.1.5 of the Code of Miami -Dade County, processed and approved for filing with the Miami -Dade County DBD. I will contact DBD at 305-375- 3111 regarding this requirement. ❑ had annual gross revenues less than $5,000,000.00 for the previous year; therefore Section 2-8.1.5 of the Code of Miami -Dade County is not applicable. However, I will contact DBD at 305-375-3111 in order to submit the required affidavit and exemption request. Witness: Signature Signature Witness: By: Signature Legal Name and Title The foregoing instrument was acknowledged before me this day of , 20 FOR AN INDIVIDUAL ACTING IN HIS OWN RIGHT: By: FOR A CORPORATION, PARTNERSHIP OR JOINT VENTURE: By: having the title of with ❑a PLEASE NOTE: corporation ❑ partnership ❑ joint venture Section 2-10.4(4)(a) of the Code of Miami -Dade County (Ordinance No. 82-37) requires that all properly licensed architectural, engineering, landscape architectural, and land surveyors have an affirmative action plan on file with the County. Section 2-Li.5 of the Code of Miami -Dade County requires that firms that have annual gross revenues in excess of five (5) million dollars have an affirmative action plan and procurement policy on file with the County. Firms that have a Board of Directors that are representative of the population make-up of the nation may be exempt For questions regarding these requirements, please contact the Miarni-Dade County Department of Business Development at 305 375-3111. Page 4 of 8 Revised 11/8/04 MIAMI-DADE COUNTY BID NO.: 7602-5/14 CODE OF BUSINESS ETHICS Code of Miami -Dade County Section 2-8.1(i) I, being duly sworn, hereby state and certify that this firm has adopted a Code of Business Ethics that is fully complaint with the requirements of Section 2-8.1(i) of the Code of Miami -Dade County as amended. I further acknowledge that failure to comply with the adopted Code of Business Ethics shall render any contract with Miami -Dade County voidable, and subject this firm to debarment from County work pursuant to Section 10-38(h)(2) of the Code of Miami -Dade County as amended. I further acknowledge that failure to submit this affidavit shall render this firm ineligible for contract award. By: 20 Signature of Affiant Date / - / / / / / / / Printed Name of Affiant and Title Federal Employer Identification Number Printed Name of Firm Address of Firm SUBSCRIBED AND SWORN TO (or affirmed) before me this day of , 20 He/She is personally known to me or has presented as identification. Type of identification Signature of Notary Serial Number Print or Stamp Name of Notary Expiration Date Notary Public — State of Page 5 of 8 Revised 08/23/01 MIAMI-DADE COUNTY BID NO.: 7602-5/14 FAIR SUBCONTRACTING PRACTICES (Ordinance 97-35) In compliance with Miami -Dade County Ordinance 97-35, the Bidder shall submit with the bid proposal a detailed statement of its policies and procedures (use separate sheet if necessary) for awarding subcontractors in accordance with Section 1, Paragraph 1.15 NO SUBCONTRACTORS WILL BE UTILIZED FOR THIS CONTRACT Signature Date Page 6 of 8 Revised 01/15/04 MIAMI-DADE COUNTY BID NO.:.7602-5/14 SUBCONTRACTOR/SUPPLIER LISTING (Ordinance 97-104) Firm Name of Prime Contractor/Respondent: Bid No.: Title: This forms, or a comparable listing meeting the requirements of Ordinance No. 97-104 MUST be completed, signed and submitted by all bidders and respondents on County contracts for purchases of supplies, materials or services, including professional services which involve expenditures of $100,000 or more, and all bidders and respondents on County or Public Health Trust construction contracts which involve expenditures of $100,000 or more. A bidder or respondent who is awarded the contract shall not change or substitute first tier subcontractors or direct suppliers or the portions of the contract work to be performed or materials to be supplied from those identified, except upon written approval of the County. This form, or a comparable listing meeting the requirements of Ordinance No. 97-104, MUST be completed, signed and submitted even though the bidder or proposer will not utilize subcontractors or suppliers on the contract. The bidder or proposer should enter the word "NONE" under the appropriate heading of sub form 100 in those instances where no subcontractors or suppliers will be used on the contract. Business Name and Address of First Tier Subcontractor/Subconsultant Principal Owner Scope of Work to be Performed by Subcontractor/Subconsultant (Principal Owner) Gender Race Business Name and Address of Direct Supplier Principal Owner Supplies/Materials/Services to be Provided by Supplier (Principal Owner) Gender Race I certify that the representations contained in this Subcontractor/Supplier Listing are to the best of my knowledge true and accurate Prime Contractor/Respondent's Signature Page 7 of 8 Print Name (Duplicate if additional space is needed) Print Title Revised 01/15/04 FORM 100 Date MIAMI-DADE COUNTY BID NO.: 7602-5/14 MIAMI-DADE COUNTY 11% CERTIFICATION OF RECYCLED ENVIRONMENTALLY ACCEPTABLE PACKAGING ti4e14 PRODUCT CONTENT RESOLUTION (R-738-92) MINIMUM CERTIFIED CONTENT Bid item Number RECYCLED PRODUCTS RECOVERED MATERIALS RECYCABLE PRODUCTS % Composition Type of Material % Composition Type of Material % Composition Type of Material DEFINITIONS "Recycled Material" shall be defined as any waste material or by-products that have been recovered or diverted from solid waste. "Recycled Product" shall be defined as any product which is in whole or in part composed of recovered materials. "Recyclable Product" shall be defined as the ability of a product and its packaging to be reused, reconditioned for use, or recycled through existing recycling collection programs. "Waste Reducing Product" shall be defined as any product which will result in less waste generated due to its use rather than another product designed to serve the same function with a greater waste generation rate. This shall include, but not limited to those products that can be reused, refilled or have a longer life expectancy and contain a lesser amount of toxic constituents. 1 have the knowledge to certify and do so by certify that the Minimum Materials Content in our product(s) are as specified on this form and conform with the definitions as shown above. NAME ADDRESS CITY STATE ZIP SIGNATURE TITLE Page 8 of 8 Revised 08/23/01