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SECTION 2 SPECIAL TERMS and CONDITIONS 2.1 PURPOSE The SOLICITATION TITLE: Purchase Prime Mover SOLICITATION NO: FB-DRAFT This DRAFT is subject to change. The purpose is to obtain feedback from prospective bidders. SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE The purpose of this solicitation is to establish a contract for purchase of one (1) Production Prime-Mover for Miami-Dade County (the County) on behalf of Department of Transportation and Public Works (DTPW). 2.2 TERM OF CONTRACT This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the Purchase Order issued by the Internal Services Department, Procurement Management Division, and shall remain in effect until such time as the goods are delivered and/or services are completed, and accepted by the County’s authorized representative. 2.3 METHOD OF AWARD Award of this contract will be made to the responsive and responsible Bidder whose offer represents the lowest gross sum, firm fixed price for the Work identified in this solicitation, and who meets the qualifications listed below. Bidders shall complete all forms/affidavits as required bid submission documents. 2.4 PRICES If a Bidder is awarded a contract as a result of this solicitation, the prices proposed by the Bidder shall remain fixed and firm during the term of contract. Prices offered shall include all equipment, training, manuals, freight, warranty, and all other applicable fees. 2.5 METHOD OF PAYMENT The awarded Bidder shall receive a single payment in the full amount due at the time of Acceptance. Acceptance is defined by Paragraph 3.41.1. 2.6 INSPECTION A. During production, if DTPW so elects, DTPW or its representatives may inspect the material and/or equipment during production or assembly. Awarded Bidder shall give DTPW sufficient advance notice of manufacturing schedule(s) so as to permit inspection at a time suitable to DTPW. B. Prior to the Shipment, if DTPW so elects, DTPW may inspect the material and/or equipment prior to shipment or delivery. The awarded Bidder shall give DTPW sufficient advance notice of the date when the material and/or equipment will be completed and available for inspection. If DTPW elects to inspect prior to shipment or delivery, the awarded Bidder shall not ship or deliver material and/or equipment without such inspection being made unless awarded Bidder has a specific written waiver of inspection Page 1 of 29 Rev. 5/8/18 SOLICITATION TITLE: Purchase Prime Mover SOLICITATION NO: FB-DRAFT This DRAFT is subject to change. The purpose is to obtain feedback from prospective bidders. signed by DTPW. C. During installation, if DTPW so elects, DTPW may inspect the material and/or equipment, and the installation work itself, at any time while installation is occurring upon reasonable notice to the awarded Bidder. D. Upon completion of installation, if DTPW elects, DTPW may inspect the material and/or equipment upon completion of installation, adjustment and testing by the awarded Bidder. The awarded Bidder shall give DTPW sufficient advance notice of the date when the installation will be completed and available for inspection so that DTPW may inspect the installation before awarded Bidder permanently leaves the installation site with its equipment and personnel. 2.7 SHIPPING Equipment shall be constructed, prepared, and loaded so that it will withstand without damage handling likely to be encountered during delivery. Valuable and easily pilfered parts such as batteries, tools, and loose small items shall be shipped in such a manner as to resist pilferage. 2.8 DELIVERY SHALL BE WITHIN THREE HUNDRED SIXTY-FIVE (365) DAYS AFTER DATE OF ORDER A. The Awarded Bidder shall make deliveries of the Prime-Mover within three hundred sixty-five (365) calendar days after the date of the order. All deliveries shall be made in accordance with good commercial practices and all required delivery timeframes shall be adhered to by the Awarded Bidder; except in such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the control of the Awarded Bidder. In these cases, the Awarded Bidder shall notify the County of the delays in advance of the original delivery date so that a revised delivery schedule can be appropriately considered by the County. B. Should the awarded Awarded Bidder fail to deliver in the number of days stated above, the County reserves the right to cancel the contract on a default basis after any back order period that has been granted in this contract has lapsed. If the contract is so terminated, it is hereby understood and agreed that the County has the authority to purchase the goods and services elsewhere and to charge the incumbent Awarded Bidder with any re-procurement costs. If the Awarded Bidder fails to honor these re- procurement costs, the County may terminate the contract for default. C. The Prime-Mover shall be delivered to: William Lehman Center (Metrorail Operations and Maintenance Facility) 6601 N.W. 72nd Avenue Miami, FL 33166 D. The required training shall commence within fourteen (14) calendar days after the Prime-Mover is accepted by the County. The County will create a schedule for each type of training after award and notify the awarded Bidder. Page 2 of 29 Rev. 5/8/18 SOLICITATION TITLE: Purchase Prime Mover SOLICITATION NO: FB-DRAFT This DRAFT is subject to change. The purpose is to obtain feedback from prospective bidders. 2.9 WARRANTY A. In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of one (1) year after the date of Acceptance of the labor, materials and/or equipment by the County. This warranty requirement shall remain in force for the full one (1) year period; regardless of whether the bidder is under contract with the County at the time of defect. Any payment by the County on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. Warranty coverage shall be activated upon Acceptance of the Prime-Mover at DTPW. Additional warranty coverage may be purchased by DTPW as an option. B. The bidder shall be responsible for promptly correcting any deficiency, at no cost to the County, within seven (7) calendar days after the County notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the County may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a County bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the County within fourteen (14) calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the County may (a) place the bidder in default of its contract, and/or (b) procure the products or services from another Awarded Bidder and charge the bidder for any additional costs that are incurred by the County for this work or items; either through a credit memorandum or through invoicing. 2.10 DAMAGED GOODS WHEN SHIPPING IS PROVIDED BY AWARDED BIDDER The awarded Bidder shall be responsible for filing, processing, and collecting all damage claims against the shipper. 2.11 EQUIPMENT SHALL BE NEW AND MOST RECENT MODEL AVAILABLE The equipment being offered by the awarded Bidder shall be new and the most recent model available. Any optional components which are required in accordance with the contract specifications shall be considered standard equipment for purposes of this solicitation. Demonstrator models will not be accepted. Omission of any essential detail from these specifications does not relieve the Awarded Bidder from furnishing a complete unit. The unit shall conform to all applicable OSHA, State, and Federal safety requirements. All components and services (whether primary or ancillary) of the delivered equipment are to be in accordance with current SAE standards and recommended practices. The engineering, materials, and workmanship associated with effort performed hereunder shall exhibit a high level of quality and appearance consistent with or exceeding industry standards. 2.12 LICENSES, PERMITS AND FEES The awarded Bidder shall obtain and pay for all licenses, permits and fees required for this contract; and shall comply with all laws, ordinances, and regulations applicable to the work contemplated herein. Damages, penalties and or fines imposed on the County or the awarded Bidder shall be borne by the awarded Bidder. 2.13 OMISSION FROM SPECIFICATIONS Page 3 of 29 Rev. 5/8/18 SOLICITATION TITLE: Purchase Prime Mover SOLICITATION NO: FB-DRAFT This DRAFT is subject to change. The purpose is to obtain feedback from prospective bidders. The apparent silence of the specification and any addendum regarding any details or the omission from the specification of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail, and that only new materials and workmanship of first quality are to be used. All interpretations of this specification shall be made upon the basis of this agreement. Page 4 of 29 Rev. 5/8/18 SOLICITATION TITLE: Purchase Prime Mover SOLICITATION NO: FB-DRAFT This DRAFT is subject to change. The purpose is to obtain feedback from prospective bidders. SECTION 3 TECHNICAL SPECIFICATION 3.1 STATEMENT OF WORK These technical specifications define the minimum requirements for the manufacture and delivery of one (1) Prime-Mover to be utilized as a work train to tow revenue trains, transport employees to and from the work area, perform replacement/repair of rail; provide supply for hydraulic, pneumatic tools, and other wayside related maintenance tasks.
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