150825-CC.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 #150825/CC

PUMP CONTROL SYSTEMS, YASKAWA,

MAINTENANCE & REPAIR, TERM CONTRACT

RFQ SUBMISSION DATE: MARCH 4, 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

As they are issued, all amendments to solicitations will be posted under the applicable solicitation on our on-line Vendor Self Service (VSS) system at https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService. It is the vendor’s sole responsibility to routinely check VSS 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 VSS 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 https://pbcvssp.co.palm-beach.fl.us/webapp/vssp/AltSelfService

BOARD OF COUNTY COMMISSIONERS

Palm Beach County

REQUEST FOR QUOTATION

RFQ #150825/CC TITLE: PUMP CONTROL SYSTEMS, YASKAWA, MAINTENANCE & REPAIR,

TERM CONTRACT

BUYER: COLLEEN CARDILLO PHONE (561) 616-6839

FAX (561) 242-6739 E-MAIL: ccardill@pbcgov.org

**** 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

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

Vendor must render original invoice(s) to the Palm Beach County Finance Department, P.O. Box 4036, West Palm Beach, Florida 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. Payment shall not be authorized until the goods and/or services have been received, accepted and properly invoiced.

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 or one that conforms to the County’s policy, the Vendor shall sign and submit to County a statement affirming that it will conform to 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 written or non-written 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 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.

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 mailto:pbcpaymentmgr@mypalmbeachclerk.com

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. QUALIFICATION OF VENDORS

This RFQ shall be awarded only to a responsive and responsible vendor, qualified to provide the goods and/or service specified. The vendor shall, upon request, promptly furnish the County sufficient evidence in order to confirm a satisfactory performance record. Such information may include an adequate financial statement of resources, the ability to comply with required or proposed delivery or performance schedule, a satisfactory record of integrity and business ethics, the necessary organization, experience, accounting and operation controls, and technical skills, and be otherwise qualified and eligible to receive an award under applicable laws and regulations.

The vendor should submit the following information with their response; however, if not included, it shall be the responsibility of the vendor to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of a vendor to provide the required information within the specified time frame is considered sufficient cause for rejection. Information submitted with a previous RFQ/bid shall not satisfy this provision.

A. List a minimum of three (3) references in which similar goods and/or services have been provided within the past three (3) years including scope of work, contact names, addresses, e-mail addresses, telephone numbers and dates of service on the attached reference sheet included herein. A contact person shall be someone who has personal knowledge of the vendor’s performance for the specific requirement listed. Contact person must have been informed that they are being used as a reference and that the County may be calling them. DO NOT list persons who are unable to answer specific questions regarding the requirement.

B. The vendor, if not the manufacturer, must provide written evidence executed by an authorized representative of the manufacturer that the vendor is, in fact, an authorized dealer/distributor/reseller of Yaskawa.

C. The vendor must provide written evidence (copies of current licenses/certifications) that show that the firm (vendor) or a principal in the firm be licensed to contract the scope of work in Palm Beach County with the following:

1. Electrical or General Contractor’s License

36. AWARD BASED ON THE TOTAL FACTORED RATE

Palm Beach County shall award this RFQ to the lowest, responsive, responsible vendor on an all-or-none total factored rate basis.

37. INFORMATION AND PRICE LIST(S) (WITH RFQ RESPONSE)

Vendor shall check the applicable price list type, and enter a single fixed percentage in either the discount or markup line as applicable. FAILURE OF THE VENDOR TO COMPLETE ALL SPACES SHALL RENDER YOUR OFFER NON- RESPONSIVE. The County reserves the sole right to determine acceptance of offered item(s).

***The vendor shall provide a copy of the page containing the item(s) noted as the evaluation item(s) from the current price list(s) the quoted discount is from. ***FAILURE OF THE VENDOR TO SUBMIT THIS INFORMATION

WITH YOUR RESPONSE SHALL RENDER YOUR OFFER NON-RESPONSIVE.

38. CATALOGS, MANUFACTURER SUGGESTED RETAIL PRICES (MSRP), ETC.

Upon request, the successful vendor shall supply at no charge current catalogs and/or MSRP’s for the awarded manufacturer. The successful vendor shall update and keep all catalogs and MSRP’s current throughout the term of the contract. When a revision to the manufacturer’s catalog and/or MSRP occurs which includes the addition of new products within the scope of this solicitation, the discount and net price of the new products must be equal to or better than the discount and price of items originally included in this solicitation.

Upon award, the successful vendor shall supply one copy of the appropriate catalog(s) and/or MSRP to:

Palm Beach County Finance Department Supervisor, Pre-Audit Division P.O. Box 4036 West Palm Beach, Florida 33402-4036

(561) 355-3011

Note: All Catalogs and/or MSRP’s shall clearly identify the term contract number and the successful vendor’s name, address and telephone number. Additionally, catalogs and/or MSRP’s created by the vendor, if not the manufacturer, will not satisfy this requirement.

39. INVOICES

When invoicing the County for goods purchased under this solicitation, the successful vendor must provide complete, accurate invoices which must include for every item purchased a unique catalog number, a definitive description, the catalog/list price, and the invoiced price. If the applicable catalog does not provide unique numbers, the description of the item must be sufficiently accurate to specifically identify the goods provided to the County. Example: Invoice shall include:

Item # 1.

Description Sony speaker

Part # #123

List Price $50.00

Discount 50%

Discount Price $25.00

Qty

Total $75.00

40. AUDIT

All items sold to Palm Beach County as a result of this RFQ award are subject to post sale audit adjustment. In the event an audit indicates the successful vendor has not honored quoted price lists and discounts, the successful vendor shall be liable for any and all overage charges, and may be considered in default of this contract.

41. TIME AND MATERIAL CONTRACT (MATERIAL PRICING AT COST) (FOR ITEM #1 ONLY)

The price to be paid for repair parts sold to Palm Beach County as a result of this award shall be based on the vendor’s cost of the actual items plus shipping cost. With each invoice that includes materials not covered by the service as defined herein, the vendor shall supply original manufacturer’s/supplier’s cost documentation to the Palm Beach County Department requesting the service as well as to the Finance Department, Pre-Audit Division, PO Box 4036, West Palm Beach, Florida 33402-4036. In no event shall the prices, based on cost, exceed the vendor’s price to its most favored customer for the same item in like quantity, or the current market price, whichever is lower.

42. METHOD OF ORDERING (TERM CONTRACT)

A contract shall be issued for a term of twelve (12) months or until the estimated amount is expended, at the discretion of the County. The County will order on an “as needed” basis.

43. TIME FOR COMPLETION / DELIVERY

Vendor acknowledges and agrees that the time of completion/delivery is an essential condition of this contract.

By submitting a response, vendor, if awarded contract, agrees to begin work not later than forty-eight (48) hours after notification, and to prosecute the work uninterrupted in such a manner, with sufficient labor, equipment and/or materials so as to ensure its completion within ten (10) calendar days after starting work.

44. ESTIMATED EXPENDITURES

The anticipated term of the contract to be awarded as a result of this RFQ is for twelve (12) months. The anticipated value during the contract term is $85,000.00. Palm Beach County reserves the right to increase or decrease the anticipated value as necessary to meet actual requirements, and to rebid for the contracted goods and services at any time after the anticipated value of this contract has been reached, notwithstanding that the anticipated term has not been completed.

45. RENEWAL OPTION

The successful vendor shall be awarded a contract for twelve (12) months with the option to renew for four (4) additional twelve (12) month period(s). The option for renewal shall only be exercised upon mutual written agreement and with all original terms, conditions and unit prices adhered to with no deviations. Any renewal shall be subject to the appropriation of funds by the Board of County Commissioners. A renewal shall be revoked if a vendor is suspended by the Purchasing Department prior to the commencement of the renewal period.

46. BRAND/MANUFACTURER REFERENCED

Only the referenced manufacturer will be considered. Responses will be considered only from manufacturers or their authorized dealer/distributor/reseller. Authorized dealers/distributors/resellers must regularly maintain an adequate stock of materials normally required to meet the requirements of this RFQ.

47. WARRANTY

The successful vendor shall furnish factory/manufacturer warranty on all parts furnished hereunder against defect in materials and workmanship for one (1) year from time of completion. The factory/manufacturer warranty shall become effective on the date of delivery and acceptance by Palm Beach County. Should any defect in materials, excepting ordinary wear and tear, appear during the above stated warranty period, the successful vendor shall repair or replace same at no cost to Palm Beach County.

48. WORK SITE SAFETY/SECURITY

The successful vendor shall at all times guard against damage or loss to the property of Palm Beach County, the vendor’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 vendor 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 vendor 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 vendor or its agents.

49. INSURANCE REQUIRED

It shall be the responsibility of the successful vendor 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 vendor 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 vendor 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 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 vendor 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 vendor neither owns nor leases automobiles, the Business Auto Liability requirement shall be amended allowing successful vendor to maintain only Hired & Non-Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the vendor indicating either the vendor does not own any vehicles, and if vehicles are acquired throughout the term of the contract, vendor 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.

mailto:PBC.Contracts@instracking.com

Workers’ Compensation and Employer’s Liability Insurance. Successful vendor 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 vendor 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 offer 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 vendor 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.

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

SPECIFICATIONS

PURPOSE AND INTENT

The sole purpose and intent of this Request for Quotation (RFQ) is to secure firm fixed pricing and a single fixed percentage discount or markup from the current price list(s) indicated on the response pages, to establish a term contract for maintenance, repair services and purchase of Yaskawa variable frequency drive pump controllers for various County departments.

COUNTY’S RESPONSIBILITIES

1. County departments will place orders on an "as needed" basis.

2. The County representative will contact the successful vendor as to the nature of the service and the responsive time required.

SUCCESSFUL VENDORS RESPONSIBILITIES

Successful vendor shall:

1. Supply the appropriate licensed personnel and equipment based on the scope of work.

2. Establish a time line with County representative prior to starting work.

3. Coordinate all activities with the County representative.

4. Furnish all labor for repairs and all materials at cost (Item #1 only) as requested by the County representative.

The County reserves the right to supply the vendor with replacement parts and materials at its discretion.

5. Be responsible for all shipping costs associated if the controller cannot be repaired on site and needs to be sent elsewhere for repair.

6. Supply the County with a loaner controller that will retrofit into the existing cabinet, if it is determined that the repair cannot be completed on site, until the original controller is fixed.

7. Be responsible for the initial start up and programming when a new controller is installed.

8. Report to the designated site and notify County representative when arriving and departing from work location.

Receipt(s) shall be signed by a designated County representative(s), as acknowledgement of services completed.

TECHNICAL REQUIREMENTS

Work shall be completed on a time and material basis as specified herein and in accordance with industry standards:

1. Labor – Hourly rate shall commence upon arrival at site and terminate upon departure (actual time worked).

2. Repair parts shall be furnished at the successful vendor’s cost, as approved by the County, with the exception of the purchase of new Yasawka pump controllers as specified herein.

LABOR RATES ARE DEFINED AS FOLLOWS

STANDARD

LABOR RATE: Hourly rate for work requested and completed during the hours of 7:00 a.m. to 4:30 p.m., Monday through Friday, excluding Palm Beach County recognized holidays.

OVERTIME RATE: Compensation shall be paid at a rate of 1.5 times the awarded standard hourly labor rate for actual time worked between the hours of 4:30 p.m. and 7:00 a.m., Monday through Friday and weekends.

HOLIDAY RATE: Compensation shall be paid at a rate of 2.0 times the awarded standard hourly labor rate for actual time worked during Palm Beach County recognized holidays.

No additional compensation for after hours work/overtime will be paid unless prior authorization is received from the County. No additional compensation will be paid for work started during normal working hours and completed after normal working hours unless authorized by the County.

HOURLY RATE WILL BEGIN AND END AT THE COUNTY=S WORK SITE AND SHALL BE PAID FOR ACTUAL TIME

WORKED ONLY.

PURCHASE OF PUMP CONTROLLERS ONLY

The purchase of pump controllers ONLY shall be billed at the single fixed percentage discount or markup as indicated on the response pages.

The single fixed percentage discount or markup offered shall apply to all pump controllers within the price list.

The part number listed as item “a” in each section of the response pages is for evaluation purposes only, and is not the sole item to be ordered.

Vendor is cautioned to calculate their single fixed percentage discount or markup percentage carefully. Separate shipping/delivery charges are not allowed under this contract, and shall be taken into consideration when offering your single fixed percentage discount or markup.

NOTE: It is imperative that vendors contact the responsible Buyer, PRIOR TO THE SUBMISSION DATE AND

TIME, if evaluation item part number is incorrect or obsolete. The failure of the part number TO MATCH EXACTLY on the backup information submitted with your bid shall render your bid non-responsive.

It is also imperative that vendors contact the responsible Buyer, PRIOR TO THE SUBMISSION DATE AND TIME, if a published price list does not exist for the manufacturer(s)/brand(s) specified.

INFORMATION AND PRICE LIST(S) (WITH RFQ RESPONSE)

Vendor shall check the applicable price list type, and enter a single fixed percentage in either the discount or markup line as applicable. FAILURE OF THE VENDOR TO COMPLETE ALL SPACES SHALL RENDER YOUR BID NON- RESPONSIVE. The County reserves the sole right to determine acceptance of offered item(s).

***The vendor must provide a copy of the page containing the item(s) noted as the evaluation item(s) from the current price list(s) the quoted discount is from. ***FAILURE OF THE VENDOR TO SUBMIT THIS INFORMATION

WITH YOUR BID RESPONSE SHALL RENDER YOUR BID NON-RESPONSIVE.

PAYMENT

Payment is based on the hourly rate/discount provided on the response page. Payment shall be rendered ONLY upon the County’s satisfaction and acceptance of services rendered. Price shall include, but is not limited to, all supervision, manpower, fuel, materials, labor, travel, mileage, equipment, tools, transportation, and other facilities and services necessary to fully complete the service as specified above. No additional compensation shall be paid.

RESPONSE PAGE

ITEM DESCRIPTION UNIT HOURLY RATE WEIGHT

FACTOR

FACTORED RATE

(ITEM #1)

1. STANDARD LABOR RATE for appropriate Licensed Personnel for the maintenance and repair of Yaskawa Pump Control Systems only, as specified herein

HOUR $ X .80 = $

ITEM DESCRIPTION PRICE LIST TYPE SINGLE FIXED PERCENTAGE

DISCOUNT OR MARKUP OFFERED

2.

YASKAWA PUMP CONTROLLERS

CHECK APPLICABLE PRICE LIST:

MSRP _____

DEALER _____

JOBBER _____

CATALOG _____

OTHER ___________________

(Specify)

APPLY PERCENTAGE TO EITHER

THE DISCOUNT OR MARKUP

BELOW:

( - ) DISCOUNT _____________%

OR

( + ) MARKUP _____________%

ITEM DESCRIPTION

ITEM PRICE

(From price list before discount)

+ / - DISCOUNT OR

MARKUP FINAL ITEM PRICE

2A. EVALUATION ITEM:

Part # PW2A0360AAA

VFD IQ VT 150HP 240V 360AMPS

FINAL ITEM PRICE

WEIGHT FACTOR FACTORED RATE

(ITEM #2A)

X .10

ITEM DESCRIPTION PRICE LIST TYPE SINGLE FIXED PERCENTAGE

DISCOUNT OR MARKUP OFFERED

3.

YASKAWA PUMP CONTROLLERS

CHECK APPLICABLE PRICE LIST:

MSRP _____

DEALER _____

JOBBER _____

CATALOG _____

OTHER ___________________

(Specify)

APPLY PERCENTAGE TO EITHER

THE DISCOUNT OR MARKUP

BELOW:

( - ) DISCOUNT _____________%

OR

( + ) MARKUP _____________%

ITEM DESCRIPTION

ITEM PRICE

(From price list before discount)

+ / - DISCOUNT OR

MARKUP FINAL ITEM PRICE

3A. EVALUATION ITEM:

Part # PW4A0031FAA

VFD IQ VT 20HP 480V 31.0AMPS

FINAL ITEM PRICE

WEIGHT FACTOR FACTORED RATE

(ITEM #3A)

X .10

Continued…

FIRM NAME:

RESPONSE PAGE

FACTORED RATE

(ITEM #1) + FACTORED RATE

(ITEM #2A)

+ FACTORED RATE

(ITEM #3A) =

TOTAL FACTORED RATE

(ITEM #1 + ITEM #2A +

ITEM #3A)

All unit prices 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.

Acknowledge Qualification of Vendors information is included, per Term and Condition #35? YES/INITIAL __ Is Information and Price List(s) included for purchase of pump controllers, per Term and Condition #37? YES/INITIAL ***FAILURE OF THE VENDOR TO SUBMIT THIS INFORMATION WITH THEIR RESPONSE SHALL RENDER THEIR OFFER NON-RESPONSIVE Acknowledge Materials/Parts are to be supplied at vendor’s cost, per Term and Condition #41? YES/INITIAL __ Acknowledge Insurance requirements, per Term and Condition #49? 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 #33, 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) # __________________________________ 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 or one that conforms to Palm Beach County’s policy, such quoter shall be required to check the applicable statement and sign below affirming it will conform to 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 and Quoter hereby acknowledges and affirms by signing below that it will conform to Palm Beach County’s non-discrimination policy as provided in Palm Beach County’s Resolution R-2014-1421, as may be amended.

OR

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

County.

OR

(__) Quoter hereby attaches its non-discrimination policy which does not conform to the policy of Palm Beach

County; however, Quoter hereby acknowledges and affirms by signing below that it will conform to Palm Beach County’s non-discrimination policy as provided in Palm Beach County’s Resolution R-2014- 1421, as may be amended.

NOTE:

Quoter’s failure to either: (i) have a written or non-written non-discrimination policy in conformance with Palm Beach County’s policy set forth above; or (ii) provide Palm Beach County with the information set forth above, will render quoter non-responsive.

Quoter shall notify Palm Beach County in the event it no longer maintains a written or non-written 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

CERTIFICATION OF BUSINESS LOCATION

In accordance with the Palm Beach County Local Preference Ordinance, as amended, a preference may be given to: (1) quoters having a permanent place of business in Palm Beach County (“County”) or (2) quoters having a permanent place of business in the Glades that are able to provide the goods and/or services to be utilized within the Glades. To receive a local preference, quoters must have a permanent place of business within the County or the Glades, as applicable, prior to the County’s issuance of the solicitation. A Business Tax Receipt which is issued by the Palm Beach County Tax Collector, authorizes the quoter to provide the goods/services being solicited by the County, and will be used to verify that the quoter had a permanent place of business prior to the issuance of the solicitation. The quoter must submit this Certification of Business Location (“Certification”) along with the required Business Tax Receipt at the time of quote submission. The 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.

In instances where the quoter is exempt by law from the requirement of obtaining a Business Tax Receipt, the quoter must: (a) provide a citation to the specific statutory exemption; and (b) provide other documentation which clearly establishes that the quoter had a permanent place of business within the County or the Glades prior to the date of issuance of the solicitation. The County hereby retains the right to contact said quoters for additional information related to this requirement after the quote due date.

I. Quoter is a:

_________ Local Business: A local business has a permanent place of business in Palm Beach County.

(Please indicate):

________ Headquarters located in Palm Beach County ________ Permanent office or other site located in Palm Beach County from which a vendor will produce a substantial portion of the goods or services.

_________ Glades Business: A Glades business has a permanent place of business in the Glades.

(Please indicate):

________ Headquarters located in the Glades ________ Permanent office or other site located in the Glades from which a vendor will produce a substantial portion of the goods or services.

II. The attached copy of quoter’s County Business Tax Receipt verifies quoter’s permanent place of business.

THIS CERTIFICATION is submitted by , as (Name of Individual)

, of

(Title/Position) (Firm Name of Quoter) who hereby certifies that the information stated above is true and correct and that the County Business Tax Receipt is a true and correct copy of the original.