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

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 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, 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 were delivered or services provided. 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 Beach, Florida, 32548. 4. 12. 7 The invoice must be based on a proper delivery, installation, or provision of the goods and/ or services to and acceptance by the City; the vendor, contractor or other party who is supplying the goods and/ or services has otherwise complied with all of the contract's terms and conditions and is not in default of any of them; and if the contract requires any subcontractors or other parties to be bound by similar other flow- down" requirements are in compliance with those requirements. XX 4. 13 DISPUTE RESOLUTION: In the event a dispute occurs between a contractor, vendor or other invoicing party ( "invoicing party") and the City concerning payment of an Page 19 of 28  ffimpueT M=l ] e good 6uilsix3 ; o luawaoeldaB £ LO-£ L 911 : ZOZZ) i onS N sgoaO - CIM £ LO -£ L 7u0wg3ellV U N C!V a Replacement ofExiniog Boat Dook at Fort Wagon trading ITB # 13 -013 x um o' invoice, the City department or office which has the dispute along with a representative of the City's Purchasing Department and the invoicing party shall meet to consider the disputed issues The invoicing party shall provide to the City such material and information as the City may reasonably require. Any such procedure shall be initiated by either party notifying the other in writing of a dispute and stating with specificity its nature. This procedure shall commence not later than 45 days and be resolved not later than 60 days after the date on which the proper invoice was received by the City. If the issue cannot be resolved, then it will be submitted to the City Manager. Any decision by the City Manager shall constitute the final decision of the City regarding these matters and shall be communicated in writing to the invoicing party within three business days after such decision. XX 4. 14 LIQUIDATED DAMAGES: Work shall begin within 14 calendar days after Notice to Proceed has been issued and all work shall be completed within 60 calendar days after the Notice To Proceed is issued. It is hereby understood and agreed by the bidder that time is of the essence in the delivery of supplies, services, materials, or equipment of the character and quality specified in the bid document. In the event these specified supplies, services, materials, or equipment are not delivered by the date specified, there will be deducted from the total contract price, not as a penalty but as liquidated damages, the sum of 5500 per day for each and every calendar day of delay beyond the time specified; except that if the delivery be delayed by any act, negligence, or default on the part of the City, public enemy, war, embargo, fire, or explosion not caused by the negligence or intentional act of the contractor or his supplier ( s), or by riot, sabotage, or labor trouble that results from a cause or causes entirely beyond the control or fault of the contractor or his supplier(s), a reasonable extension of time as the City deems appropriate may be granted. Upon receipt of a written request and justification for an extension from the contractor, the Purchasing Office may extend the time for performance of the contract or delivery of goods herein specified at the Purchasing Office' s sole discretion for good cause shown. N/A 4. 15 BOND REQUIREMENTS N/ A 4. 15. 1 Performance Bond equal to one hundred percent ( 100 %) of the Contract price will be required. N/ A 4. 15. 2 Labor & Material Payment Bond equal to one hundred percent 100 %) of the Contract price will be required. N/ A 4. 15. 3 Performance and Labor & Materials Payment Bonds shall accompany the contract, be signed, sealed and dated no earlier than the contract effective date and specifically refer to the contract, by date. N/ A 4. 15. 4 Surety companies providing any bond most be listed in the latest Federal Register of the U.S. Department of Treasury, Circular 570 entitled Surety Companies Acceptable on Federal Bonds" or otherwise acceptable to the City. XX 4. 16 INSURANCE: Bidders most be eligible for and provide evidence of insurance coverage showing Bidder as Named Insured, with coverages that equal or exceed the City' s minimum standards for the project. All insurance required must be provided by a company, licensed to do business in the State of Florida and with an A.M. best rating of at least A -. Certificate of Insurance showing the City as a Certificate holder must accompany signed contract. Page 20 of 28  Buipue-I M=I to Inoo Bupsix3 ; o tuatua3eldsH ELO -EL 811 : ZOZZ) 43119 N SMOOCI - Ole Et0-Et :luaut43etty a( MU V Replacement of Existing Boat Dank at Foct Walton tattling rTB # 13 -013 am Yd0m n' XX 1. Commercial General Liability Each occurrence for Bodily Injury/Property Damage $ 1, 000,000 Products /Completed Operations $ 1, 000, 000 Annual Aggregate for Bodily Injury/Property Damage $ 2, 000,000 Products Liability/ Completed Operations $ 1, 000, 000 Fire Legal Liability Coverage $ 100, 000 This coverage shall include the following provisions: The City of Fort Walton Beach shall be an additional insured. The policy shall not be cancelled unless the City is given at least 30 days notice. Contractual Liability Any coverages which are eliminated, restricted or reduced to less than what is commonly provided by standard I.S. O. forms most be indicated. XX 2. Commercial Automobile Liability CombitWsm elumt fxboehlyirgwyantYmpop= yd= W $ 1, 000, 000 This coverage shall include the following provisions: The City of Fort Walton Beach shall be an additional insured The policy shall not be cancelled unless the City is given at least 30 days notice. Contractual Liability Any coverages which we eliminated, restricted or reduced to less than what is commonly provided by standard I. S. O. forms