042516-353-LC.pdf

Board of County Commissioners County Administrator

Mary Lou Berger, Mayor Verdenia C. Baker Hal R. Valeche, Vice Mayor Paulette Burdick Shelley Vana Steven L. Abrams Melissa McKinlay Priscilla A. Taylor Purchasing Department www.pbcgov.org/purchasing

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION

RFQ #042516-353/LC

REFRIGERANT RECOVERY MACHINES, PURCHASE AND INSTALLATION OF

RFQ SUBMISSION DATE: June 16, 2016 AT 4:00 P.M.

**** FAXED OR E-MAILED RESPONSES ACCEPTABLE ****

It is the responsibility of the vendor to ensure that all pages are included. Therefore, all vendors are advised to closely examine this package. Any questions regarding the completeness of this package should be immediately directed to the Palm Beach County Purchasing Department.

Quotations are requested for furnishing the goods/services as described herein and in accordance with applicable terms, conditions and specifications as set forth herein without any modification, change or alterations to any terms, conditions or provisions of this solicitation, unless specifically approved in writing by the County.

By submitting an offer which is accepted by the County, a binding contract is formed in accordance with the terms, conditions and specifications as set forth in this Request for Quotation (RFQ)

C A U T I O N

In order to do business with Palm Beach County, vendors are required to create a Vendor Registration Account OR activate an existing Vendor Registration Account through the Purchasing Department’s Vendor Self Service (VSS) system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our VSS system.

It is the vendor’s sole responsibility to routinely check our VSS system for any amendments that may have been issued prior to the deadline for receipt of quotes.

Palm Beach County shall not be responsible for the completeness of any solicitation that was not downloaded from our VSS system or obtained directly from the Purchasing Department.

In accordance with the provisions of ADA, this document may be requested in an alternate format.

BOARD OF COUNTY COMMISSIONERS, PALM BEACH COUNTY PURCHASING DEPARTMENT

50 S. MILITARY TRAIL, SUITE 110, WEST PALM BEACH, FL 33415-3199

http://www.pbcgov.org/purchasing https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

BOARD OF COUNTY COMMISSIONERS

Palm Beach County

REQUEST FOR QUOTATION

RFQ #042516-353/LC TITLE: REFRIGERANT RECOVERY MACHINES, PURCHASE AND INSTALLATION OF

SENIOR BUYER: Laura Cates PHONE (561) 616-6817

FAX (561) 242-6717 E-MAIL: LCates@pbcgov.com

**** FAXED OR E-MAILED RESPONSES ACCEPTABLE ****

To ensure that your offer is considered, it must be received in Palm Beach County Purchasing no later than 4:00 P.M., PALM BEACH COUNTY LOCAL TIME, by the submission date. Offers received after this time will not be considered.

This Request for Quotation, General Conditions, Instructions to Vendors, Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this RFQ solicitation and response thereto, and by reference are made a part thereof. The selected awardee shall be bound by all terms, conditions and requirements in these documents.

GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR VENDORS

GENERAL CONDITIONS

The following Terms and Conditions are applicable to this purchase order/contract entered into by and between Palm Beach County (referred to as County) and Vendor.

1. CONDITIONED OFFERS

Vendors are cautioned that any condition, qualification, provision, or comment in their quote, or in other correspondence transmitted with their quote, which in any way modifies, takes exception to, or is inconsistent with the specifications, requirements, or any of the terms, conditions, or provisions of this solicitation, is sufficient cause for the rejection of their quote and shall be considered as non-responsive.

2. MODIFICATIONS

No modifications of this order/contract, including but not limited to these terms and conditions, shall be binding upon County unless approved by an authorized representative of County’s Purchasing Office.

3. ASSIGNMENTS

Assignments are prohibited unless prior written consent is given by the County and the Vendor.

4. EXCUSABLE DELAYS

The County may grant additional time for any delay if the delay will not adversely impact the best interest of the County and is due to causes beyond the control of the Vendor. Such grant must be in writing and made part of the order/contract.

5. DEFAULT

The County may, by written notice of default to the successful vendor, terminate the order/contract in whole or in part if the successful vendor fails to satisfactorily perform any provisions of this solicitation or resultant order/contract, or fails to make progress so as to endanger performance under the terms and conditions of this solicitation or resultant order/contract, or provides repeated non-performance, or does not remedy such failure within a period of ten (10) days (or such period as the Director of Purchasing may authorize in writing) after receipt of notice from the Director of Purchasing specifying such failure. In the event the County terminates this order/contract in whole or in part because of default of the successful vendor, the County may procure goods and/or services similar to those terminated, and the successful vendor shall be liable for any excess costs incurred due to this action.

If it is determined that the successful vendor was not in default or that the default was excusable (e.g., failure due to causes beyond the control of, or without the fault or negligence of, the successful vendor), the rights and obligations of the parties shall be those provided in “Termination For Convenience”.

6. TERMINATION FOR CONVENIENCE

The County may, whenever the interests of the County so require, terminate the order/contract, in whole or in part, for the convenience of the County upon five (5) days written notice to Vendor. Unless directed otherwise in the notice of termination, the Vendor shall incur no further obligations in connection with the order/contract.

7. REMEDIES

No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder now or hereafter existing at law, or in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.

8. NO THIRD PARTY BENEFICIARY

No provision of this Contract is intended to, or shall be construed to, create any third party beneficiary or to provide any rights to any person or entity not a party to this Contract, including but not limited to any citizen or employees of the County and/or successful vendor.

9. FOB

The F.O.B. point shall be destination. If the County agrees, freight charges may be prepaid by the Vendor and listed on the invoice;

however, Vendor retains title and assumes all responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages.

10. PAYMENT TERMS

In order for Palm Beach County to make payment, the Vendor’s Legal Name; Vendor’s Address; and Vendor’s TIN/FEIN Number on the successful vendor’s quote must be exactly the same as it appears on the invoice and in Palm Beach County’s VSS system which can be accessed at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService.

Payment shall be made by the County after goods / services have been received, accepted and properly invoiced as indicated in the contract and / or order. Invoices must bear the purchase order number. The Florida Prompt Payment Act is applicable to this solicitation. Interest penalties will only be paid in accordance with the Florida Prompt Payment Act, Florida Statute 218.70.

Note: Palm Beach County Vendors can now be paid by Credit Card via the County’s voluntary Payment Manager Program. For vendors who don’t have a merchant account, one is needed to utilize the Program. For vendors with a merchant account, you will need to enroll with the Palm Beach County Clerk & Comptroller’s office. For information, contact the Palm Beach County Clerk & Comptroller at pbcpaymentmgr@mypalmbeachclerk.com or 561-355-3295.

11. INVOICING

Successful vendors shall send ALL ORIGINAL invoices to the following address and may send copies of invoices to the Palm Beach County Department requesting the goods/services. Invoices submitted on carbon paper shall not be accepted.

PALM BEACH COUNTY

FINANCE DEPT.

P.O.BOX 4036

WEST PALM BEACH, FL 33402-4036

12. TAXES

The County is exempt from Federal and State taxes.

13. PURCHASE ORDER

The County will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips and all correspondence concerning the order.

14. ORDER/CONTRACT

Vendor agrees that by submitting an offer (i.e. Request for Quotation) which is accepted by the County (i.e. Purchase Order, Term Contract Notice) a binding contract is formed in accordance with the County’s terms, conditions and specifications as set forth in the solicitation and this purchase order. Vendor certifies that the offer has been made by an officer or employee having the authority to bind the Vendor. Accordingly, payment will only be made to the company and the address as provided in the Vendor’s offer unless prior written authorization is received from the County.

15. PRICING

(a) Unless specifically requested in the specifications, any response containing modifying or escalation clauses shall be rejected.

(b) The price offered must be in accordance with the unit of measure provided on the response page(s). One (1) space or line requires only one (1) single, fixed unit price. Anything other than a single, fixed unit price shall result in the rejection of your response.

(c) Vendor warrants by virtue of submitting an offer that prices shall remain firm for a period of ninety (90) days from the date of opening to allow for evaluation and award.

(d) Prices shall remain firm for the initial and any subsequent term unless modified by a special condition.

(e) All unit prices offered should be within two (2) decimal points. If vendor’s pricing offered exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly.

(f) In the event of mathematical error(s), the unit price shall prevail and the vendor’s total offer shall be corrected accordingly. QUOTES

HAVING ERASURES OR CORRECTIONS MUST BE INITIALED

BY THE VENDOR PRIOR TO SUBMISSION TIME. IF THE

CORRECTION IS NOT PROPERLY INITIALED, OR IF THE

INTENT OR LEGIBILITY OF THE CORRECTION IS NOT

CLEAR, THE RFQ SHALL BE REJECTED.

16. DELIVERIES

Deliveries are to be made Monday through Friday, excluding holidays, unless otherwise stipulated.

17. INSPECTION/ACCEPTANCE

All goods and/or services provided on this Purchase Order are subject to inspection and acceptance upon receipt or completion by an authorized representative of the County.

18. QUANTITIES

Quantities specified in the order/contract cannot be changed without County approval. Goods shipped in excess of quantity designated may be returned at Vendor’s expense.

19. DISCRIMINATION PROHIBITED

Pursuant to Palm Beach County Resolution R-2014-1421, as may be amended, all Vendors doing business with the County shall treat all of its employees equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, familial status, sexual orientation, gender identity and expression or genetic information. All Vendors shall comply with the following and may use the “Non-Discrimination Policy” form to show compliance. Vendor shall submit to County a copy of its non-discrimination policy, which shall be consistent with the foregoing non-discrimination policy; OR, in the event Vendor does not have a written non-discrimination policy, the Vendor shall sign and submit to County a statement affirming that its non-discrimination policy is in conformance with the County’s non-discrimination policy as set forth in the above-referenced Resolution. The Vendor shall satisfy the requirements set forth herein prior to execution of a contract with County and within a time frame specified by County (normally within two (2) working days of request). Failure to satisfy this requirement shall render your quote non-responsive. It is the responsibility of the Vendor to maintain a non-discrimination policy that conforms to the County’s policy as set forth herein throughout the term of the contract. Failure to meet this requirement shall be considered a default of contract.

20. LEGAL REQUIREMENTS

The Vendor must strictly comply with all Federal, State, County and local laws, ordinances, rules and regulations that in any manner affect the goods and/or services provided herein. The UCC shall prevail as the basis for contractual obligations between the Vendor and the County for any terms and conditions not addressed. The County shall not be liable to the Vendor for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of this order/contract, or from any other matter generated by or relating to this order/contract.

21. CRIMINAL HISTORY RECORDS CHECK

ORDINANCE

Pursuant to Palm Beach County Code Section 2-371 through 2-377, the Palm Beach County Criminal History Records Check Ordinance (“Ordinance”), the County shall conduct fingerprint based criminal history record checks on all persons not employed by the County who repair, deliver, or provide goods or services for, to, or on behalf of the County.

A fingerprint based criminal history record check shall be conducted on all employees and subcontractors of vendors, including repair persons and delivery persons, who are unescorted when entering a facility determined to be critical to the public safety and security of the County.

County facilities that require this heightened level of security are identified in Resolution R-2003-1274, as may be amended. The vendor is solely responsible for understanding the financial, schedule, and staffing implications of this Ordinance. Further, the vendor acknowledges that its pricing offered includes any and all direct or indirect costs associated with compliance of this Ordinance, except for the applicable FDLE/FBI fees that shall be paid by the County.

https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService mailto:pbcpaymentmgr@mypalmbeachclerk.com

22. PUBLIC ENTITY CRIMES

In accordance with the Florida Public Entity Crime Statute 287.132.133, persons and affiliates who are entering into a contract or performing any work in furtherance with Palm Beach County certifies that it, its affiliates, suppliers, subcontractors and consultants who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six

(36) months immediately preceding the date hereof. This notice is required by Florida Statute 287.133 (3) (a).

23. SBE PROGRAM

Item 1 – Policy It is the policy of the Board of County Commissioners of Palm Beach County, Florida, that SBE(s) have the maximum practical opportunity to participate in the competitive process of supplying goods and services to the County. To that end, the Board of County Commissioners adopted a Small Business Ordinance which is codified in Sections 2-80.21 through 2-80.34 (as amended) of the Palm Beach County Code, which sets forth the County’s requirements for the SBE program, and is incorporated in this solicitation. Compliance with the requirements contained in this section shall result in a vendor being deemed responsive to SBE requirements. The provisions of this Ordinance are applicable to this solicitation, and shall have precedence over the provisions of this solicitation in the event of a conflict.

Item 2 – Contract Award Criteria For purchases made as a result of this solicitation, the County shall make an award to the vendor who is certified as a small business with Palm Beach County and who is within 10% of the lowest responsive, responsible vendor, providing that the small business is also deemed responsive and responsible to the terms and conditions of the solicitation.

Item 3 – SBE Certification Only those firms certified as a small business enterprise by Palm Beach County at the time of quote submission shall be counted toward the established SBE goals. Upon receipt of a complete application, IT

TAKES UP TO NINETY (90) DAYS TO BECOME CERTIFIED AS AN

SBE WITH PALM BEACH COUNTY. It is the responsibility of the vendor to confirm the certification of any proposed SBE; therefore, it is recommended that vendors visit the on-line Vendor Directory at www.pbcgov.org/osba to verify SBE certification.

Item 4 – Decertification As part of the consideration for quote award under the SBE Ordinance, any firm/proposer decertified by Palm Beach County shall be considered non-responsive to the SBE requirements.

24. LOCAL PREFERENCE ORDINANCE

In accordance with the Palm Beach County Local Preference Ordinance, a preference may be given to (1) quoters having a permanent place of business in Palm Beach County or (2) quoters having a permanent place of business in the Glades that are able to provide the goods or services within the Glades.

A. Glades Local Preference: Pursuant to the Palm Beach County

Local Preference Ordinance, a 5% Glades Local Preference is given when a Glades business offers to provide the goods or services that will be procured for use in the Glades. If the lowest responsive, responsible quoter is a non-Glades business, all quotes received from responsive, responsible Glades businesses may be decreased by 5%. The original quote amount is not changed. The 5% decrease given for the Glades Local Preference is calculated only for the purpose of determining ranking and award.

B. Local Preference: Pursuant to the Palm Beach County Local

Preference Ordinance, a 5% Local Preference is given to quoters having a permanent place of business in Palm Beach County. If the lowest responsive, responsible quoter is a non-local business; all quotes received from responsive, responsible local businesses may be decreased by 5%. The original quote amount is not changed.

The 5% decrease given for the Local Preference is calculated only for the purpose of determining ranking and award.

C. To receive a Glades Local Preference or a Local Preference

(collectively referred to as “local preference”), a quoter must have a permanent place of business in existence prior to the County’s issuance of this Request for Quotation. A permanent place of business means that the quoter’s headquarters is located in Palm Beach County or in the Glades, as applicable; or, the quoter has a permanent office or other site in Palm Beach County or in the Glades, as applicable, where the quoter will produce a substantial portion of the goods or services to be purchased. A valid Business Tax Receipt issued by the Palm Beach County Tax Collector is required, unless the quoter is exempt from the business tax receipt requirement by law, and will be used to verify that the quoter had a permanent place of business prior to the issuance of this Request for Quotation. In addition, the attached “Certification of Business Location” and Business Tax Receipt must accompany the quote at the time of quote submission. The Palm Beach County Business Tax Receipt and this Certification are the sole determinant of local preference eligibility. Errors in the completion of this Certification or failure to submit this completed Certification will cause the quoter to not receive a local preference.

25. INDEMNIFICATION

To the extent authorized by law, Vendor shall indemnify, save and hold harmless the County, its employees and agents against any and all claims, damages, liability and court awards including costs, expenses and attorney fees incurred as a result of any act or omission by the Vendor, or its employees, agents, subcontractors or assignees pursuant to the terms and conditions of this order/contract.

26. SAFETY DATA SHEETS (SDS)

Any toxic substance provided to the County as a result of this solicitation or resultant order/contract shall be accompanied by its SDS.

27. ENDORSEMENTS

No endorsements by the County of the goods and/or services will be used by the Vendor in any way, manner or form.

28. VENUE AND GOVERNING LAW

Any and all legal actions arising from or necessary to enforce this order/contract will be held in Palm Beach County and shall be interpreted according to the laws of Florida.

29. PUBLIC RECORDS

Any information submitted relating to this order/contract will become a public document pursuant to Section 119.07, Florida Statutes.

30. SALES PROMOTIONS / PRICE REDUCTIONS

Should sales promotions occur during the term of the order/contract that lower the price of the procured item, the successful vendor shall extend to the County the lower price offered by the manufacturer on any such promotional item. Further, any price decreases effectuated during the order/contract period by reason of market change or otherwise, shall be passed on to the County. Additionally, anytime after award, the vendor may offer a reduced price which shall remain in effect for the duration of the order/contract.

31. PERFORMANCE DURING EMERGENCY

By submitting an offer, vendor agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, the County shall be given “first priority” for all goods and services under this order/contract. Vendor agrees to provide all goods and services to the County during and after the emergency at the terms, conditions, and prices as provided in this solicitation on a “first priority” basis. Vendor shall furnish a 24-hour phone number to the County in the event of such an emergency. Failure to provide the stated priority during and after an emergency shall constitute breach of contract and make the vendor subject to sanctions from doing further business with the County.

32. PALM BEACH COUNTY OFFICE OF THE

INSPECTOR GENERAL AUDIT REQUIREMENTS

Pursuant to Palm Beach County Code, Section 2-421-2-440, as amended, Palm Beach County’s Office of Inspector General is authorized to review past, present and proposed County contracts, transactions, accounts, and records. The Inspector General’s authority includes, but is not limited to, the power to audit, investigate, monitor, and inspect the activities of entities contracting with the County, or anyone acting on their behalf, in order to ensure compliance with contract requirements and to detect corruption and fraud.

33. BUSINESS INFORMATION

If vendor is a Joint Venture for the goods/services described herein, vendor shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties.

SPECIAL CONDITIONS

34. GENERAL / SPECIAL CONDITION PRECEDENCE

In the event of conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence.

35. LOCAL PREFERENCE, GLADES LOCAL PREFERENCE, AND SBE ORDINANCE

The Palm Beach County Local Preference, Glades Local Preference, and SBE Ordinances DO NOT APPLY TO THIS

SOLICITATION.

36. AWARD (ALL-OR-NONE)

Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on an all-or-none, total offer basis.

37. METHOD OF ORDERING (PURCHASE ORDER)

Items and/or services shall be ordered via individual purchase order. Invoices shall reflect the purchase order number.

38. F.O.B. POINT

The F.O.B. point shall be destination, which shall be listed below. Bid responses showing other than F.O.B. destination shall be rejected. Bidder retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages.

• Palm Tran, 3201 Electronics Way, West Palm Beach, FL 33407

• Palm Tran, 100 N. Congress Ave., Delray Beach, FL 33445

39. DELIVERY

Delivery shall be required within thirty (30) calendar days after receipt of purchase order unless a modified delivery date has been requested by the successful bidder and approved in writing by the Purchasing Director or his/her designee.

Failure of the successful bidder to perform to the delivery requirement is sufficient cause for default and termination of the contract.

40. AS SPECIFIED

A purchase order will be issued to the successful bidder with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the successful bidder, items not delivered as specified.

41. ADDITIONAL QUANTITIES

For a period not exceeding twelve (12) months from the date of award, Palm Beach County reserves the right to purchase from the successful bidder any amount of additional items at the prices offered in response to this solicitation and under the same terms and conditions, upon mutual written agreement.

42. INFORMATION AND DESCRIPTIVE LITERATURE (Brand Name “or equal”)

Unless otherwise stated in these specifications, any manufacturer’s names, trade names, brand names, information or catalog numbers listed in this specification are for information and not intended to limit competition. When the phrase “or equal” is used, the bidder may offer any manufacturer/brand for which they are an authorized dealer/distributor/reseller, which meets or exceeds the specifications for any item listed in the bid. Bidder shall enter the manufacturer/brand and manufacturer/brand part/model number on the bid response page. If a bidder enters “as specified”, “same as above”, or any wording other than the manufacturer/brand and part/model number, and does not fill in the manufacturer/brand offered and part/model number offered for any item, the bid shall be rejected. Unless offering the specified manufacturer/brand and part/model numbers, the bidder shall submit with their bid response, manufacturer cut sheets, sketches, descriptive literature and/or complete specifications for said item(s). Literature shall provide matching product numbers to those offered on the Bid Response page and sufficient detail to verify compliance to bid specifications. The failure of the descriptive literature to show that the item(s) offered conforms to the requirements of this solicitation shall result in the rejection of the bid. Reference to literature submitted with a previous bid or literature which has been created by any entity other than the manufacturer shall not satisfy this provision.

The County reserves the sole right to determine acceptance of offered item (s) as an approved equal. Note: At the sole discretion of Palm Beach County, samples may be requested, after bid submittal, to complete and/or verify compliance to bid specifications.

43. EQUIPMENT

a. The scope of these specifications is to ensure the delivery of a complete unit ready for operations. The apparent silence of any specification as to any detail, or the apparent omission from it of a detailed description concerning any point, shall be regarded as meaning only that the best commercial practice is to prevail, and that only material and workmanship of the finest quality are to be used. Omission of any essential detail from these specifications does not relieve the supplier from the furnishing of a complete unit.

b. All equipment must be new, of current manufacture in production at the time of bid submission.

44. DELIVERY AND ACCEPTANCE

Equipment must be delivered, installed, complete and ready for use and, when requested, demonstrated to Palm Beach County at no additional charge.

45. WARRANTY

The successful bidder shall fully warrant all equipment, parts and labor furnished hereunder against defect in materials and/or workmanship for a period of one (1) year from date of delivery and acceptance by Palm Beach County. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, the successful bidder shall repair or replace same at no cost to Palm Beach County, immediately upon written notice from the Director of Purchasing.

During the warranty period, repairs to these machines may be needed. When repairs are required during this period, the successful vendor shall provide, at no charge to Palm Tran, a like piece of equipment when repairs cannot be made in the same day or, if the machine is taken off property for repairs. Upon completion of the repairs and return of the machine to Palm Tran, the loaned equipment will be returned.

46. ATTACHMENT

Attachment A is included and is considered to be components of this bid.

Specifically, Attachment A contained herein, shall be completed and submitted with this solicitation. Failure to do so shall render your response non-responsive.

47. WORK SITE SAFETY/SECURITY

The successful bidder shall at all times guard against damage or loss to the property of Palm Beach County, the bidder’s own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, the successful bidder shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, successful bidder shall provide for the prompt removal of all debris from Palm Beach County property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the successful bidder or its agents.

48. INSURANCE REQUIRED

It shall be the responsibility of the successful bidder to provide evidence of the following minimum amounts of insurance coverage to Palm Beach County, c/o Insurance Tracking Services, Inc. (ITS), P.O. Box 20270, Long Beach, CA 90801.

Subsequently, the successful bidder shall, during the term of the Contract, and prior to each renewal thereof, provide evidence of insurability to ITS at pbc@instracking.com or fax (562) 435-2999, which is Palm Beach County’s insurance management system, prior to the expiration date of each and every insurance required herein.

Commercial General Liability Insurance. Successful bidder shall maintain Commercial General Liability Insurance, or similar form, at a limit of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Injury and Property Damage Liability. Coverage shall include Premises and/or Operations, Independent Contractors, Products and/or Completed Operations, Personal Injury/Advertising Liability, Contractual Liability and Broad Form Property Damage coverages. Coverage for the hazards of explosion, collapse and underground property damage (X-C-U) must also be mailto:PBC.Contracts@instracking.com included when applicable to the work to be performed. This coverage shall be endorsed to include Palm Beach County as an Additional Insured.

Business Auto Liability Insurance. Successful bidder shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non-owned, and hired automobiles. (In this context, the term “Autos” is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event successful bidder neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful bidder to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the bidder indicating either the bidder does not own any vehicles, and if vehicles are acquired throughout the term of the contract, bidder agrees to purchase “Owned Auto” coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form.

Workers’ Compensation and Employer’s Liability Insurance. Successful bidder shall maintain Workers’ Compensation & Employer’s Liability Insurance in accordance with Florida Statute Chapter 440.

A signed Certificate or Certificates of Insurance, evidencing that required insurance coverages have been procured by the successful bidder in the types and amounts required hereunder shall be transmitted to the County via the Insurance Company/Agent within a time frame specified by the County (normally within 2 working days of request). Failure to provide required insurance shall render your bid non responsive.

Except as to Business Auto, Workers’ Compensation and Employer’s Liability (and Professional liability, when applicable), said Certificate(s) shall clearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured.

Said Certificate(s) of Insurance shall, to the extent allowable by the insurer, include a minimum thirty (30) day endeavor to notify due to cancellation (10 days for nonpayment of premium) or non-renewal of coverage. It is the responsibility of the successful bidder to ensure that all required insurance coverages are maintained in force throughout the term of the contract. Failure to maintain the required insurance shall be considered default of contract.

All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage.

SPECIFICATIONS

PURPOSE AND INTENT

The sole purpose and intent of this Request for Quotation (RFQ) is to secure firm, fixed pricing for the purchase and installation of a Robinair Refrigerant Recovery Machine for Palm Tran.

SUCCESSFUL VENDOR’S RESPONSIBILITIES

• The Successful vendor shall be responsible for the setup and training of all equipment at the locations specified herein.

• The successful bidder shall insure delivery within thirty (30) from time of order.

• At the time of delivery the successful bidder shall provide sufficient training for select Technicians, to allow certification in operation of system.

COUNTY’S RESPONSIBILITIES

• The County shall provide a Purchase Order.

• The County shall provide a clean, well lighted work area to setup the machine and to train selected technicians.

TECHNICAL REQUIREMENTS

Refrigerant recovery machine, Robinair model #17800B “or equal” to include the following salient characteristics:

• Electrical: 115V, 60 Hz;

• Recovers, Recycles, Evacuates and Recharges;

• Electronic Scale

• Vacuum Pump – minimum 6 CFM;

• Single pass recycling;

• Shall be able to handle up to a minimum of 200 lbs of refrigerant;

• Unit shall meet or exceed SAEJ-1770 EPA requirements, and have UL or equal listing.

• Capable of servicing R22, R134, and R407 refrigerant.

PAYMENT

Payment is based on the pricing provided on the bid response page. Pricing shall include, but not limited to, shipping, delivery, freight, installation, man power, travel and mileage, etc. NO additional compensation shall be paid.

RESPONSE PAGE

ITEM

NO. DESCRIPTION QTY UNIT UNIT PRICE TOTAL OFFER

1. REFRIGERANT RECOVERY MACHINE, MFR.

ROBINAIR, MFR. MODEL #17800B, OR-EQUAL

MFR/BRAND OFFERED: ____________________

(MUST BE FILLED IN)

MFR/BRAND PART/MODEL # OFFERED:

(MUST BE FILLED IN)

(MFR/BRAND and MFR/BRAND PART/MODEL # OFFERED MUST MATCH THE DESCRIPTIVE

LITERATURE PROVIDED BY VENDOR, UNLESS OFFERING THE SPECIFIED

MANUFACTURER/BRAND AND PART/MODEL NUMBERS)

2 EA $ $

All unit prices bid should be within two (2) decimal points. If vendor’s pricing exceeds two (2) decimal points, Purchasing reserves the right to round up or down accordingly.

Bidder shall agree that all insurance coverage required herein shall be provided by Bidder to County on a primary basis.

Acknowledge Information and Descriptive Literature is included and that the manufacturer/brand and part/model number offered matches the descriptive literature provided by vendor, per Term & Condition #42? YES/INITIAL _

Acknowledge Attachment A, Special Contract Provisions is completed and submitted per Term & Condition #46? YES/INITIAL Acknowledge Insurance requirements, per Term and Condition #47? YES/INITIAL Acknowledge Non-Discrimination Policy Form is included as specified herein? YES/INITIAL _

* PLEASE AFFIX SIGNATURE WHERE INDICATED

(FAILURE TO DO SO SHALL RESULT IN THE REJECTION OF YOUR RFQ)

By signature on this document, vendor acknowledges and agrees that its offer includes and accepts all terms, conditions, and specifications of the County’s RFQ solicitation as originally published, without exception, change or alteration of any kind, except as may have been published by the County in official amendments prior to the submission time. Per General Term and Condition #32, if vendor is a Joint Venture for the goods/services described herein, vendor shall, upon request of Palm Beach County, provide a copy of the Joint Venture Agreement signed by all parties.

FIRM NAME: (Enter the entire legal name of the quoting entity)

DATE:

* SIGNATURE: _____________________________

PRINT NAME:

PRINT TITLE:

ADDRESS: _______________________________________________________________________________________

CITY / STATE: __________________________________________________ ZIP CODE: ______________________

TELEPHONE # ( )

TOLL FREE # ( )

E-MAIL:

FAX #: ( )

APPLICABLE

LICENSE(S)

NUMBER #______________________________________ TYPE: _______________________________________

FEDERAL ID # _____________________________________________________________________________________

NON-DISCRIMINATION POLICY

Pursuant to Palm Beach County Resolution R-2014-1421, as may be amended, it is the policy of the Board of County Commissioners of Palm Beach County that Palm Beach County shall not conduct business with nor appropriate any funds for any organization that practices discrimination on the basis of race, color, national origin, religion, ancestry, sex, age, familial status, marital status, sexual orientation, gender identity and expression, disability, or genetic information.

All quoters doing business with Palm Beach County are required to submit a copy of its non-discrimination policy which shall be consistent with the policy of Palm Beach County stated above, prior to entering into any contract with Palm Beach County. In the event a quoter does not have a written non-discrimination policy, such quoter shall be required to check the applicable statement and sign below affirming that their non-discrimination policy is in conformance with Palm Beach County’s policy.

Check one:

(__) Quoter hereby acknowledges that it does not have a written non-discrimination policy or one that conforms to Palm Beach County’s policy; however Quoter hereby affirms by signing below that its non-discrimination policy is in conformance with the above.

OR

(__) Quoter hereby attaches its non-discrimination policy which is consistent with the policy of Palm Beach

County.

NOTE:

Quoter’s failure to comply with the above requirements will render quoter non-responsive.

Quoter shall notify Palm Beach County in the event it no longer maintains a non-discrimination policy that is in conformance with Palm Beach County’s policy set forth above. Failure to maintain said non-discrimination policy shall be considered a default of contract.

QUOTER:

Company Name

Signature

Name (type or print)

Title

Rev. 01.16.15

RFQ # 042516-353/LC

Palm Beach County Board of County Commissioners

TRANSPORTATION DEPARTMENT

ATTACHMENT "A"

SPECIAL CONTRACT PROVISIONS

This contract or purchase order is funded by a contract between Palm Beach County and the U.S. Department of Transportation, Federal Transit Administration (FTA) and governed by the provisions listed under the Master Grant Agreement FTA MA (21), dated October 1, 2014. Therefore, all activities related to this project are subject to the following conditions, which are outlined in greater detail in U.S. Department of Transportation (USDOT) regulations at 49 CFR Part 18, “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments”;

Federal Transit Administration (FTA) Circular 4220.1F, “Third Party Contracting Guidelines,” as revised, as it may be amended from time to time, and other laws and regulations governing procurement activities for Palm Beach County’s programs and projects.

Master Grant Agreement FTA MA (21) dated October 1, 2014: http://www.fta.dot.gov/documents/21-Master.pdf Circular 4220.1F as revised: http://www.fta.dot.gov/legislation_law/12349_8641.html

FTA’s Best Practices Procurement Manual (BPPM), offers suggested procedures, methods, and examples on conducting third party procurements to assist in meeting the standards of FTA Circular 4220.1F as revised. The BPPM is available at:

http://www.fta.dot.gov/funding/thirdpartyprocurement/grants_financing_6037.html The Code of Federal Regulations (CFR) website is available at:

http://www.gpoaccess.gov/cfr/index.html.

If you are unable or unwilling to comply with these conditions, or need clarification as to applicability of an individual requirement, contact Eugene M.

Bitteker, Manager Contracts, Procurement & Stores, Palm Beach County Palm Tran, 3201 Electronics Way, West Palm Beach, Florida 33407;

telephone (561) 841-4254, fax (561) 656-7429; or email ebitteker@pbcgov.org.

PART A

GENERAL CONDITIONS – APPLICABLE TO THIS SOLICITATION

1. STATEMENT OF FINANCIAL ASSISTANCE. This procurement is funded in part by a contract between Palm Beach County and the U.S. Department of Transportation, Federal Transit Administration. Therefore, the following Special Contract Provisions apply to this procurement.

2. Prohibited Interest. No employee, officer, or agent of Palm Beach County shall participate in the selection, award, or administration of a contract if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent of Palm Beach County, or any member of his or her immediate family, his or her partner, or an organization which employs, or is about to employ any of the above, has a financial or other interest in the firm selected for award (contractor). No Palm Beach County employee, officer, or agent shall solicit or accept gratuities, favors, or anything of monetary value from any contractor, potential contractor, or parties to subagreements.

3. Interest of Members of Congress. No member of, or delegate to, the Congress of the United States shall be admitted to a share or part of this solicitation or to any benefit arising therefrom.

4. No Government Obligation to Third Parties. The contractor agrees, absent express written consent of the Federal Government, that the Federal Government shall not be subject to any obligations or liabilities to any third party contractor, or any subrecipient, or any other party pertaining to any matter resulting from this solicitation. The contractor agrees to include a similar provision in each subcontract financed in whole or in part with federal assistance provided by the FTA.

5. Program Fraud and False or Fraudulent Statements. The contractor acknowledges the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC §3801, et seq., and U.S. Department of Transportation regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its activities in connection with this project. The contractor certifies or affirms the truthfulness and accuracy of any statement it has made, makes, or may make pertaining to this solicitation. In addition to other penalties that may apply, the contractor further acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the contractor to the extent the Federal Government may deem appropriate. The contractor also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government in connection with an urbanized area formula project financed with federal assistance authorized for 49 USC §5307, the Federal Government reserves the right to impose the penalties of 18 USC §1001 and 49 USC §5307(n) (1) on the contractor, to the extent the Federal Government deems appropriate.

6. Federal Changes. The contractor shall at all times comply with all applicable FTA regulations, policies, procedures, and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA(2) dated October 1, 2007) between Palm Beach County and the FTA, as they may be promulgated or amended from time to time during the term of the contract resulting from this solicitation. Contractor’s failure to comply shall constitute a material breach of this contract.

http://www.fta.dot.gov/documents/21-Master.pdf http://www.fta.dot.gov/legislation_law/12349_8641.html http://www.fta.dot.gov/funding/thirdpartyprocurement/grants_financing_6037.html http://www.gpoaccess.gov/cfr/index.html mailto:ebitteker@pbcgov.org

Palm Beach County Board of County Commissioners

TRANSPORTATION DEPARTMENT

7. Incorporation of Federal Transit Administration (FTA) Terms. The provisions contained in the Special Contract Provisions include, in part, standard terms and conditions required by the U.S. Department of Transportation (USDOT), whether or not expressly set forth in the contract provisions. All contractual provisions required by USDOT, as set forth in FTA Circular 4220.1F, dated June 19, 2003, as amended, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA-mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this solicitation. The contractor shall not perform any act, fail to perform any act, or refuse to comply with any Palm Beach County request which would cause the County to be in violation of the FTA terms and conditions.

8. Access to Records. The contractor agrees to provide Palm Beach County, the FTA Administrator, the Comptroller General of the United States, or any of their authorized representatives, access to any books, documents, papers, and records of the contractor which are directly pertinent to this solicitation for the purposes of making audits, examinations, excerpts, and transcriptions. Contractor also agrees, pursuant to 49 CFR 633.17, to provide the FTA Administrator or authorized representative (include a PMO contractor) access to contractor’s construction sites and records pertaining to a major capital project, defined at 49 USC §5302(a)(1), which is receiving federal financial assistance through the programs described at 49 USC §§5307, 5309, or 5311. The contractor further agrees to maintain all books, records, accounts, and reports required under the contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case contractor agrees to maintain same until Palm Beach County, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims, or exceptions related thereto. Reference 49 CFR 18.39(i) (11).

9. Civil Rights. The following requirements apply to this solicitation:

a. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 USC §2000d, section 303 of the

Age Discrimination Act of 1975, as amended, 42 USC §6102, section 202 of the Americans with Disabilities Act of 1990, 42 USC §12132, and Federal transit law at 49 USC §5332, the contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the contractor agrees to comply with applicable federal implementing regulations and other implementing requirements FTA may issue.

b. Equal Employment Opportunity. The following equal opportunity requirements apply to this solicitation:

(1) Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 USC §2000e, and federal transit laws at 49 USC §5332, the contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,” 41 CFR Parts 60, et seq., (which implemented Executive Order No. 11246, “Equal Employment Opportunity,” as amended by Executive Order No.

11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” 42 USC §2000e note), and with any other applicable federal statutes, executive orders, regulations, and federal policies that may in the future affect construction activities undertaken in the course of the project. The contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the contractor agrees to comply with any implementing requirements FTA may issue.

(2) Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 USC §623 and federal transit law at 49 USC §5332, the contractor agrees to refrain from discrimination against present and prospective employees for reason…