Board of County Commissioners County Administrator

Paulette Burdick, Mayor Verdenia C. Baker Melissa McKinlay, Vice Mayor Hal R. Valeche Dave Kerner Steven L. Abrams Mary Lou Berger Mack Bernard Purchasing Department www.pbcgov.org/purchasing

AMENDED 12/13/2016

BOARD OF COUNTY COMMISSIONERS

NOTICE OF SOLICITATION

RFQ #650408/JM

GASES, WELDING AND ACCESSORIES, PURCHASE OF, TERM CONTRACT

RFQ SUBMISSION DATE: DECEMBER 19, 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 #650408/JM TITLE: GASES, WELDING AND ACCESSORIES, PURCHASE OF, TERM CONTRACT

BUYER: Jan Maney PHONE (561) 616-6831

FAX (561) 242-6731 E-MAIL: jmaney@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 Department.

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.

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

Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. This includes material which the responding vendor might consider to be confidential.

All submitted information that the responding vendor believes to be confidential and exempt from disclosure (i.e., a trade secret, etc) must be specifically identified as such. Upon receipt of a public records request for information the vendor has designated as a trade secret or as otherwise exempt from Section 119.07, F.S., a determination will be made whether the identified information is, in fact, confidential.

The vendor shall maintain records related to all charges, expenses, and costs incurred in estimating and performing the work for at least three (3) years after completion or termination of this Order/Contract. The County shall have access to such records as required in this Section for the purpose of inspection or audit during normal business hours, at the Vendor’s place of business.

Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Vendor : (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2), F.S., the Vendor shall comply with the requirements of Section 119.0701, F.S., as it may be amended from time to time. The Vendor is specifically required to:

(a) Keep and maintain public records required by the County to perform services as provided under this Order/Contract.

(b) Upon request from the County’s Custodian of

Public Records (“County’s Custodian”) or County’s representative/liaison, on behalf of the County’s Custodian, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law. The Vendor further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time.

(c) Ensure that public records that are exempt, or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Order/Contract term and following completion of the Order/Contract, if the Vendor does not transfer the records to the public agency. Nothing contained herein shall prevent the disclosure of or the provision of records to the County.

(d) Upon completion of the Order/Contract, the Vendor shall transfer, at no cost to the County, all public records in possession of the Vendor unless notified by County’s representative/liaison, on behalf of the County’s Custodian, to keep and maintain public records required by the County to perform the service. If the Vendor transfers all public records to the County upon completion of the Order/Contract, the Vendor shall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requirements. If the Vendor keeps and maintains public records upon completion of the Order/Contract, the Vendor shall meet all applicable requirements for retaining public records. All records stored electronically by the Vendor must be provided to the County, upon request of the County’s Custodian or the County’s representative/liaison, on behalf of the County’s Custodian, in a format that is compatible with the information technology systems of County, at no cost to County.

Vendor acknowledges that it has familiarized itself with the requirements of Chapter 119, F. S., and other requirements of state law applicable to public records not specifically set forth herein. Failure of the Vendor to comply with the requirements of this Section, Chapter 119, F.S. and other applicable requirements of state law, shall be a material breach of this Order/Contract.

County shall have the right to exercise any and all remedies available to it for breach of contract, including but not limited to, the right to terminate for cause.

IF THE VENDOR HAS QUESTIONS

REGARDING THE APPLICATION OF

CHAPTER 119, FLORIDA STATUTES,

TO THE VENDOR’S DUTY TO PROVIDE

PUBLIC RECORDS RELATING TO THIS

ORDER/CONTRACT, PLEASE

CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT RECORDS

REQUEST, PALM BEACH COUNTY

PUBLIC AFFAIRS DEPARTMENT, 301

N. OLIVE AVENUE, WEST PALM

BEACH, FL 33401, BY E-MAIL AT

RECORDSREQUEST@PBCGOV.ORG

OR BY TELEPHONE AT 561-355-6680.

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.

mailto:RECORDSREQUEST@PBCGOV.ORG

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 (LOT #2 PALM TRAN ONLY)

The Palm Beach County Local Preference, Glades Local Preference, and SBE Ordinances DO NOT APPLY TO LOT #2 OF

THIS SOLICITATION.

36. QUALIFICATION OF BIDDERS

This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the goods and/or service specified.

The bidder 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 bidder should submit the following information with their bid response; however, if not included, it shall be the responsibility of the bidder to submit all evidence, as solicited, within a time frame specified by the County (normally within two working days of request). Failure of a bidder to provide the required information within the specified time frame is considered sufficient cause for rejection of their bid. Information submitted with a previous 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 bidder’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. Provide written evidence that bidder and the bidder’s business facility are authorized for pick-up, filling and distribution of welding/oxygen gases.

37. AWARD (LOT-BY-LOT)

Palm Beach County shall award this bid to the lowest, responsive, responsible bidder on a lot-by-lot basis. The County reserves the right to reject bids which would result in an award which is financially disadvantageous to the County. An award may be considered financially disadvantageous when it would result in an award to a bidder for less than $1,000, or when it would result in awards of multiple small fragments. This policy is predicated on avoidance of increased administrative costs and operational complexity. Therefore, it is necessary for a bidder to bid on every item in the particular lot for which the bidder submits a bid in order to have a bid considered. It is also required that the bidder carefully consider each item, and make sure that each one meets the specifications as indicated. In the event that one item does not meet such specifications for that lot, the entire lot will be considered non-responsive. Additionally, if a bidder enters a No Bid, or N/A for any item in that lot, they will be considered non-responsive for that lot.

38. OPTIONS (A, B, C and D)

Options shall be ordered at the sole discretion of Palm Beach County, and shall not be considered in the evaluation process;

however, failure to bid on all options shall render your bid as non-responsive. To the best of the bidder’s knowledge, the bidder’s price for items shown as “OPTIONS” on the response page do not exceed the bidder’s sales price to its most favored customer for the same item in like quantity, or the current market price, whichever is lower. If the County should become aware of lower prices being offered by the bidder other than as stated above, the bidder agrees to remedy the price differential. Additionally, bidder may be found in default and face imposed sanctions.

39. TIME AND MATERIAL CONTRACT (MATERIAL PRICING AT COST) (OPTION A)

The price to be paid for materials sold to Palm Beach County as a result of this bid award shall be based on the bidder’s cost of the actual items plus shipping cost. With each invoice that includes materials not covered by the service as defined herein, the bidder 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 bidder’s price to its most favored customer for the same item in like quantity, or the current market price, whichever is lower.

40. 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.

41. F.O.B. POINT

The F.O.B. point shall be destination, which shall be various locations throughout Palm Beach County. Exact delivery point will be indicated on the term contract delivery order (DO). 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.

42. AS SPECIFIED

A term contract delivery order (DO) 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.

At the option of Palm Beach County, item(s) from any delivery may be submitted to an independent testing laboratory to determine conformity to respective specifications. Bidders shall assume full responsibility for payment of any and all charges for testing and analysis of any product offered or delivered that does not conform to the minimum required specifications.

43. ESTIMATED EXPENDITURES

The anticipated term of the contract to be awarded as a result of this bid is for twelve (12) months. The anticipated value during the contract term is $36,000. 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.

44. QUANTITY

The quantities shown are estimated. Palm Beach County reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. Unless stipulated otherwise, Palm Beach County will accept NO minimum order requirements. Additionally, bidders are cautioned to bid in accordance with the unit specified on the bid response page.

45. ADDITION / DELETION OF DELIVERY LOCATIONS

Palm Beach County reserves the right to add or delete delivery locations during the term of the contract at its sole discretion.

46. RENEWAL OPTION

The successful bidder 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.

47. WARRANTY

The successful bidder shall furnish factory/manufacturer warranty on all equipment furnished hereunder against defect in materials and/or workmanship. The factory/manufacturer warranty shall become effective on the 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.

48. ATTACHMENT(S) LOT #2 ONLY

Attachment A is included and is considered to be a component of this solicitation, and shall be completed and submitted with your response. Failure to do so shall render your response for Lot #2 non-responsive.

49. 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.

50. 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 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.

mailto:PBC.Contracts@instracking.com

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.

Bidder shall agree that all insurance coverage required herein shall be provided by Bidder 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 establish a term contract for the purchase and delivery of welding gases for various Palm Beach County locations.

SUCCESSFUL BIDDER’S RESPONSIBILITIES

Successful bidder shall provide the refill price for a single refill to a County-owned or to a rented cylinder on the response pages.

Successful bidder shall be responsible for any/all repairs, hydrostatic testing etc. to successful bidder owned equipment.

Successful bidder shall be responsible for pick-up, refill and distribution of all referenced cylinders (County-owned and rentals) to all Palm Beach County Fire Rescue stations and various other County locations. The service shall be accomplished in accordance with all governmental standards, including but not limited to, those issued by the Occupational Safety and Health Association (OSHA), the National Institute of Occupational Safety Hazards (NOSH), and the National Fire Protection Association (NFPA). Additionally, service shall guarantee compliance with all legal requirements for welding/oxygen gases pick-up, filling and distribution, including but not limited to maintaining all necessary permits and licenses during the entire term of the contract. All equipment shall meet and or exceed all industry and safety standards.

Successful bidder shall be responsible for loading and off-loading of cylinders. Appropriate equipment shall be utilized for the off-loading and handling of compressed gas cylinders in accordance with NFPA recommendations.

Successful bidder shall ensure that all welding gas cylinders (County-owned and rentals) are properly labeled and each cylinder is hydrostatically tested and dated. The appropriate Palm Beach County Department shall be notified of any cylinder which does not possess a valid hydrostatic test. All Fire Rescue cylinders that are hydro tested shall be charged to the hydro-testing section. Twice a year, the successful bidder shall notify the appropriate Palm Beach County Department of the number and cylinder size that failed hydrostatic testing.

Successful bidder shall ensure that all welding/oxygen cylinders currently owned by Palm Beach County are serviced, filled, and a seal placed over regulator orifice and/or appropriate valve cover, and delivered to Palm Beach County Department requesting this service.

Successful bidder shall repair or replace all oxygen valves and o-rings which may be leaking, at the standard hourly rate offered on the response pages. Repair parts are to be supplied at bidder's cost (see term #39). Cylinders will be replaced only upon County authorization.

Successful bidder shall submit invoices for the purchases and/or services rendered under this contract to the Palm Beach County Department requesting the item/service.

Compensation of services rendered for option A is defined as follows:

STANDARD HOURLY RATE: Standard Hourly Rate is defined as Hourly rate for work requested and completed during the hours 7:00 a.m. through 5:00 p.m., Monday through Friday.

OVERTIME/

EMERGENCY RATE: Compensation shall be paid at the rate of 1.5 times the awarded standard hourly rate for actual time worked between the hours of 5:00 p.m. and 7:00 a.m., Monday through Friday and weekends and emergency situations.

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

DELIVERY LOCATIONS (Welding Gases):

Various departments located geographically throughout Palm Beach County.

COUNTY’S RESPONSIBILITIES

1. Palm Beach County shall order an as needed basis.

2. Palm Beach County shall be responsible for the daily rental of cylinders not owned by the County.

3. Palm Beach County shall pay for the rental of cylinder(s) at a fixed rate of $ .10 per day, per cylinder. The daily rate begins at the time the cylinder is delivered/accepted at the Palm Beach County location/destination.

PAYMENT

Payment is based on the unit price provided on the quote response pages. Payment shall be rendered ONLY upon the County’s satisfaction and acceptance of item(s) delivered. Price shall include, but is not limited to, all supervision, labor, equipment, materials, tools, machinery, transportation and other facilities and services necessary to fully and completely provide the item(s) as specified herein.

RESPONSE PAGE

LOT #1 - WELDING GASES (ALL DEPARTMENTS EXCEPT PALM TRAN AND GLADES)

ITEM

NO.

DESCRIPTION

ESTIMATED

ANNUAL

QUANTITY

UNIT PRICE

PER CYLINDER

REFILL

TOTAL OFFER

1. Oxygen, Welding, Size E, 124 cu. ft. 10 $_________________ $______________________

2. Oxygen, Welding, Size IR, 122 cu. ft. 7 $_________________ $______________________

3. Oxygen, Welding, Size K, 251 cu. ft. 50 $_________________ $______________________

4. Oxygen, Welding, Size Q, 83 cu. ft. 5 $_________________ $______________________

5. Oxygen, Welding, Size R, 20 cu. ft. 50 $_________________ $______________________

6. Acetylene, Size B, 40 cu. ft. 15 $_________________ $______________________

7. Acetylene, Size MC, 10 cu. ft. 50 $_________________ $______________________

8. Acetylene, Size 6R, 10 cu. ft. 5 $_________________ $______________________

9. Acetylene, Size WQ, 10 cu. ft. 5 $_________________ $______________________

10. Acetylene, Size WSL, 125 cu. ft. 15 $_________________ $______________________

11. Nitrogen, Size K, 230 cu. ft. 5 $_________________ $______________________

12. Nitrogen, Size Q, 76 cu. ft. 30 $_________________ $______________________

13. Nitrogen, Size R, 20 cu. ft. 10 $_________________ $______________________

14. Nitrogen, Size T, 304 cu. ft. 20 $_________________ $______________________

15. Nitrogen 1-R Tank. 5 $_________________ $______________________

16. Argon, Size S, 150 cu. ft. 10 $_________________ $______________________

17. Argon, Size T, 337 cu. ft. 30 $_________________ $____________________

18.

Argon (65%) Helium (35%), Size 337 cu.ft.

20 $_________________ $____________________

19.

Argon (65%) Helium (35%), Size 150 cu.

ft

5 $_________________ $____________________

20.

Argon (75%), CO2 (25%) Mix, Size T, 380 cu. ft.

20 $_________________ $____________________

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

Continued

FIRM NAME:__________________________________________________________________________________________

LOT #1 - WELDING GASES (ALL DEPARTMENTS EXCEPT PALM TRAN AND GLADES) (continued)

NO.

DESCRIPTION

ESTIMATED

ANNUAL

QUANTITY

UNIT PRICE

PER CYLINDER

REFILL

TOTAL OFFER

21. CO

- Size 50 lb. 35 $_________________ $____________________

22. Oxygen, Welding, Size 2RN, 250 cu. ft 5 $_________________ $____________________

23. Oxygen, Welding, Size S 154 cu. ft 10 $_________________ $____________________

24. Oxygen, Welding, Size 2R, 251 cu. ft 5 $_________________ $____________________

25. Acetylene, Welding, Size WS, 125 cu.ft 10 $_________________ $____________________

26. Argun, Welding, Size 2RN, 249 cu. ft 2 $_________________ $____________________

27. Argun, Welding, Size 2R, 248 cu. ft 2 $_________________ $____________________

28. Oxygen, Welding, Size DEY, 124 cu. ft 5 $_________________ $____________________

29.

Stargon, Argon-Carbon Dioxide (8%), Oxygen (2%), Size S, 158 cu.ft

3 $_________________ $____________________

TOTAL OFFER LOT #1 ( ITEMS 1-29): $____________________

All unit prices bid should be within two (2) decimal points. If bidder’s pricing exceeds two (2) decimal points, Purchasing reserves the right

NOTE: Bidders offering on this LOT shall provide pricing for OPTIONS "A", "B" and "C". (See Term & Condition #38.)

OPTION "A"

Repairs (Hourly Rate) Parts used to complete repairs shall be billed to the County at bidder’s cost. (see Term & Condition #39) $___________________________________/per hour

OPTION "B" - REPLACEMENT PRICE FOR LOST RENTAL CYLINDERS

DESCRIPTION

REPLACEMENT

PRICE "EACH"

DESCRIPTION

REPLACEMENT

PRICE "EACH"

SIZE E $__________________________/Cyl. SIZE 6R $_____________________________/Cyl.

SIZE K $__________________________/Cyl. SIZE WQ $_____________________________/Cyl.

SIZE IR $__________________________/Cyl. SIZE WSL $_____________________________/Cyl.

SIZE Q $__________________________/Cyl. SIZE T $_____________________________/Cyl.

SIZE R $__________________________/Cyl. SIZE S $_____________________________/Cyl.

SIZE B $__________________________/Cyl. SIZE 50 LB. CO 2 $_____________________________/Cyl.

SIZE MC $__________________________/Cyl.

OPTION "C" - REPLACEMENT PRICE FOR COUNTY OWNED CYLINDERS DEEMED UNECONOMICAL TO REPAIR

REPLACEMENT

PRICE FOR

NEW CYLINDERS

DESCRIPTION

REPLACEMENT

PRICE FOR

NEW CYLINDERS

SIZE E $__________________________/Cyl. SIZE MC $_____________________________/Cyl.

SIZE K $__________________________/Cyl. SIZE 6R $_____________________________/Cyl.

SIZE IR $__________________________/Cyl. SIZE WQ $_____________________________/Cyl.

SIZE Q $__________________________/Cyl. SIZE WSL $_____________________________/Cyl.

SIZE R $__________________________/Cyl. SIZE T $_____________________________/Cyl.

SIZE B…