Fort Walton Beach Council agenda — 02-26-13--regular — reading text

other consideration contingent upon receipt of an award for the services and/ or supplies specified herein. Page 16 of 28  FEB 413 -013 Rcplacemeot of Existing Boat Dock at Fort Welton Landing 3. 29 INSPECTION, ACCEPTANCE, and TITLE: Inspection and acceptance will be at destination unless otherwise stipulated by the City. Title and risk of loss or damage to all items shall be the responsibility of the shipper ( vendor) until accepted by the using department of the City of Fort Walton Beach, unless loss of damage results from negligence by the City of Fort Walton Beach or its Departments. 3. 30 DISPUTES: In case of any doubt or differences of opinion as to the items to be furnished pursuant to the specifications of this Invitation to Bid, the decision of the City of Fort Walton m Beach City Manager shall be final and binding on both parties. oMA 3. 31 LEGAL REQUIREMENTS: Federal, state, county and local laws, ordinances, rules and 3 LL regulations that in any manner affect the item( s) covered in the specifications of this Invitation to Bid shall apply. Lack of knowledge by the bidder will in no way be cause for relief from such x responsibility. t] 3. 32 LIABILITY: The vendor shall hold and save the City of Fort Walton Beach, its officers, 5 m agents and employees harmless from liability of any kind in the performance of or fulfilling the W requirements of any purchase order which may result from this bid. 6 3. 33 DRUG FREE WORKPLACE PREFERENCE: Pursuant to § 287. 087, Fla. Stat., the City must give preference to businesses that have implemented a drug -free workplace programs Eu whenever two or more bids, proposals, or replies are equal in price, quality, and service. If your m business has implemented a drug free workplace program, you must provide a copy of all documents, rules, policies and procedures adopted by your business that satisfy the requirements n of § 287. 087. M m 3. 34 LOCAL VENDER PREFERENCE: The city may give preference to a local vendor whenever two or more bids, proposals, or replies are equal in price, quality and service. In the event of a tie by local vendors, the award may be split when it is in the best interests of the City. N N Page 17 of 28  ITB #13 -013 R yiacement 4Existing Boat Hock at Fort Walroa Landing SECTION 4 - SPECIAL CONDITIONS If marked, the following Special Conditions apply to this invitation to bid: N/ A 4. 1 PRE -BID CONFERENCE: N/ A XX 4. 2 PERFORMANCE TIME: The Contractor shall deliver the required service within sixty ( 60) calendar days after the Notice to Proceed has been issued. See Sec 5. 3 for details. XX 4. 3 FAMILIARITY WITH SITE CONDITIONS: The responsibility for the determination of accurate measurements, the extent of work to be performed, and the conditions surrounding the performance thereof shall be the bidder's. Submission of a bid shall constitute acknowledgement by the bidder that he is familiar with all such conditions. The failure or neglect of a bidder to familiarize himself with the site of the proposed work shall in no way relieve him from any obligations with respect to his bid. XX 4.4 RIGHT TO AUDIT RECORDS: The City shall be entitled to audit the books and records ofthe Contractor or any sub -contractor to the extent that such books and records relate to the performance of the Agreement or any sub -contract to the Agreement. Such books and records shall be maintained by the Contractor for a period of three ( 3) years from the date of final payment under the Agreement and by the sub -contractor for a period of three ( 3) years from the date of final payment under the sub -contract unless a shorter period is otherwise authorized in writing. XX 4. 5 VALUE ENGINEERING: It is the intent of the City to award a contract to the lowest responsible bidder provided the bid has been submitted in accordance with the requirements of the bidding documents and does not exceed the funds available. In the event the lowest responsible bid exceeds the City' s established fixed construction cost, the City shall have the right to engage the lowest responsible bidder in value engineering in order to comply with the fixed construction cost. In no instance shall such value engineering exceed ten percent of the base bid or reduce the base bid to an amount less than the fixed construction cost in place at the time of bidding. XX 4. 6 BIDDER QUALIFICATION: Bids will be considered from firms who have 6 adequate personnel and equipment and who are so situated as to perform prompt service, P in Monday through Friday, except for City holidays. Bids will be considered only from firms which are regularly engaged in the business as described in this bid package; with a record of 0 performance for a reasonable period of time, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded a Contract m r under the terms and conditions herein stated. The terms " equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practice in the industry and as determined by the City. E v XX 4. 7 INSPECTION: The City reserves the right to conduct an inspection of the Q2 bidder' s facility and equipment prior to the award of the contract. XX 4. 8 FISCAL YEAR FUNDING APPROPRIATION: Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interest of the City, provided the term of the contract and conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period Page 18 of 28  ITB 913 -013 Replacement of Existing Boat Dock at Port Walton Landing at the time of contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation of adequate funds by City Council. XX 4. 9 CANCELLATION DUE TO UNAVAILABILITY OF FUNDS: When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract shall be cancelled and the contractor shall be entitled to reimbursement for the reasonable value of any nonrecurring cost incurred but not advertised in the price of the supplies or services delivered under the contract or otherwise recoverable. XX 4. 10 EXECUTION OF CONTRACT: The successful bidder shall, within fifteen ( 15) calendar days after Notice to Proceed is issued by the Purchasing Agent, enter into a contract with the City for the performance of work awarded and shall simultaneously provide any required bonds, indemnities and insurance certificates. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. XX 4. 11 FAILURE TO EXECUTE CONTRACT: Failure of the successful bidder to enter into a contract in the proscribed time may be cause for cancellation of the award to that bidder. In the event that the award is cancelled, the award may then be made to the second lowest responsive and responsible bidder, or the City may reject all of the bids. Contractors who default are subject to suspension and /or removal from the Bidder's List. XX 4. 12 FLORIDA PROMPT PAYMENT ACT: For purposes of billing submission and payment procedures, a " proper invoice" by a contractor, vendor or other invoicing party shall consist of at least all of the following: 4. 12. 1 A description ( including quantity) of the goods and/ or services provided to the City ( or a party on behalf of the City) reasonably sufficient to identify it (or them); 4. 12. 2 The amount due, applicable discount( s), and the terms thereof; 0 N 4. 12. 3 The full name of the vendor, contractor or other party who is supplying the goods and/ or services including a mailing address in case of a dispute and a mailing address for payment purposes ( if they are different) and a telephone number; caE 0 4. 12. 4 The Purchase Order or Contract number as supplied by the City; and 4. 12. 5 Identification by office or department where and to whom the goods 0nm were delivered or services provided. M 0 4. 12. 6 All invoices shall be delivered to the Accounts Payable Dept., City of Fort Walton Beach, 107 Miracle Strip Parkway SW, Fort Walton m