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

Purchase Contract if in the best interest of the City. 3. 23 MISTAKES: Bidders we expected to examine the specifications, delivery schedules, bid prices, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder' s risk. 3. 24 CONDITION and PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new and the current production model at the time of this bid, unless otherwise specified. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 3. 25 SAFETY STANDARDS: Unless otherwise specified in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements and standards of the Occupational Safety and Health Act. 3. 26 MARKING: Each individual container shall be marked with the brand name of the product, quantity and the name and address of the manufacturer. Each shipping container shall include the name of the vendor and must also clearly indicate the City of Fort Walton Beach Purchase Order Number. 3. 27 INVOICING and PAYMENT: The supplier shall be paid upon submission of invoices to: Accounts Payable, City of Fort Walton Beach, 107 Miracle Strip Pkwy SW, Fort Walton Beach, Florida 32548. Invoices are to be billed at the prices stipulated on the purchase order and as outlined in this bid All invoices must show the City of Fort Walton Beach Purchase Order Number. 3. 28 CONFLICT OF INTEREST: Any award of contract for this Invitation to Bid is subject to Chapter 112, Florida Statutes. All bidders must disclose with their bid the name of any officer, director, or agent who is also an employee of the City of Fort Walton Beach. Further, all bidders must disclose the name of any City of Fort Walton Beach officer, director, or employee who owns, directly or indirectly, an interest of ten percent ( 10 %) or more of the bidder' s firm or any of its branches or who has any contractual relationship or agreement of any kind with the bidder. The bidder warrants that no one was paid a fee, commission„ gift, or other consideration contingent upon receipt of an award for the services and/ or supplies specified herein. Page 16 of 28  6ulpue3 Md In 430p BLUIM3lo luawaoeldeb Et0 -E L 811 : ZOZZ) gonS N 51000 - CIM Et0-£ t quawyoelly a no o aw Replacement ofE Mn, Boat Dock at Fart Wnlmn lording ITB Nl3 -013 e 3. 29 INSPECTION, ACCEPTANCE, and TITLE: Inspection and acceptance will be at aN 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 Beach City Manager shall be final and binding on both parties. 3. 31 LEGAL REQUIREMENTS: Federal, state, county and local laws, ordinances, rules and 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 responsibility. 3. 32 LIABILITY: The vendor shall hold and save the City of Fort Walton Beach, its officers, agents and employees harmless from liability of any kind is the performance of or fulfilling the requirements of any purchase order which may result from this bid. 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 whenever two or more bids, proposals, or replies are equal in price, quality, and service. If your 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 of §287. 087. 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 be by local vendors, the award may be split when it is in the best interests of the City. Page 17 of 28  Bulpuel MB le >{no0 Bupsl)(3 ; o luowaneldoa E( 0- El 911 : ZOZZ) LimS N shooO - 1719 Et0 -EI auemganlltl a( MU 6 PcIwement of FxMng Smt Dock A Fort Walton lamiing ITB # 13 -013 s SECTION 4 - SPECIAL CONDITIONS a 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 of the 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 adequate personnel and equipment and who are so situated as to perform prompt service, 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 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 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. XX 43 INSPECTION: The City reserves the right to conduct an inspection of the 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 me available for the first fiscal period Page 18 of 28  Sulpuul Md le >loop 6ugslx3 to luawooeldeN Et0 -Et 811 : ZOZZ) gonS N s> 300 - 018 EW- E!, Wawgcaliv a MuV Replaoemeot ofFstiog Boat hack at Fort Welton landing ITB# 13 -013 apt Y 0 tLA 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