Fort Walton Beach Council agenda — 05-08-2007 regular agenda — reading text

Utility Study Request for Proposa 1 07 -113 days, after the date on which the proper invoice was received by the City. Any decision by the Director of Purchasing 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. If no decision is rendered within the time period as set out above, then a decision against the invoicing party shall be deemed to have been issued. 19. PROPOSER' S WARRANTY The Proposer warrants that no one was paid a fee, commission, gift, or other consideration of an award for the services and/ or supplies specified herein. contingent upon receipt 20. INSURANCE/ PERFORMANCE BONDS Insurance and/or Performance Bond coverage may be required by the Contract Specifications and shall be in force throughout the Contract term. Should a Contractor fail to provide acceptable evidence of current insurance and/ or a Performance Bond within seven ( 7) days prior to the date of an insurance or bond at any time during the Contract term, the City shall policy expiration have the absolute right to terminate the Contract without any further obligation to the Contractor. The Contractor shall be liable for the entire additional cost of procuring performance and the cost of performing the incomplete portion of the Contract at the time of termination. 21. FLORIDA SALES TAX: The City is a governmental agency and a political subdivision under Florida law. Purchases by the City under this Contract are exempt from Florida sales tax: The City' s tax exempt number is 85- 8012740106C- 0. No made purchase any entity is qualified to be exempt other than those by made directly by the City. The City' s sales tax exemption does not apply to goods and services purchased separately by a Contractor in connection with its fulfillment of its Contract obligations. The Contractor shall be responsible for paying any taxes, fees or similar payments which are required to be paid in connection with the Contract work. 22. DRUG-FREE WORKPLACE CERTIFICATION: are certifying that your By submitting a proposal in response to this Request for Proposal, you with Florida Statute 9287. 087. company is a drug- free workplace in accordance 23. AMERICANS WITH DISABILITIES ACT: Persons with disabilities needing a special accommodation to participate in this proceeding should contact the Clerk located at 107 Miracle Strip Parkway SW, Fort Walton Beach, City Purchasing Department Page: 17 Engineering / Consulting Services, Stonnwater Utility Study Request for Proposa 1 07- 113 Florida 32548, telephone ( 850) 833- 9509, not later than SEVEN ( 7) days prior to the date on which the accommodation is requested. 24. INSURANCE: The CONSULTANT shall procure and maintain for the duration of and in full compliance with the Agreement, insurance against claims for injuries to persons and damages to property which of products, materials and/or may arise from or in connection with the delivery and supply services to the CITY by the CONSULTANT, his agents, representatives and employees. The cost of such insurance shall be borne by the CONSULTANT. CONSULTANT shall supply evidence of all coverages required herein prior to execution of this Agreement, such evidence of which shall be attached hereto as Exhibit " B" and made a part hereof. Minimum Scope of Insurance shall be as follows: Commercial General Liability, including: 1 Premises and Operations 2 Products and completed Operations Coverage 3 Blanket Contractual Liability Coverage 4 Independent Contractors 5 Broad Form Property Damage Coverage 6 Personal Injury Liability Coverage Automobile Liability Insurance, including: 1 Owned Automobiles 2 Non- owned Automobiles 3 Hired Automobile Workers' Compensation Insurance Employer' s Liability Insurance Umbrella Liability Insurance Professional Liability Insurance Purchasing Department Page: 18 Engineering / Consulting Services, Stonnwater Utility Study Request for Proposal 07- 113 Minimum Limits of Insurance shall be as follows: Commercial General Liability: 1, 000, 000 combined single limit per occurrence and $ 1, 000, 000 annual aggregate for bodily injury, personal injury and property damage. Auto Liability: $ 1, 000,000 combined single limit per occurrence and $ 1, 000, 000 annual aggregate for bodily injury and property damage arising from the operations of all owned automobiles, non- owned automobiles and hired automobiles. Workers Compensation: Coverage A as required by the State of Florida and Coverage B 500,000/$ 500,000/$ 500,000. Employer' s Liability: $100, 000 limit per occurrence, $500, 000 annual aggregate for disease and 1, 000, 000 limit for disease of an individual employee. Umbrella Liability: 1, 000, 000 annual aggregate. Professional Liability: $2, 000,000 yearly aggregate of claims. Deductibles and Self-Insured Retention Definition and Retention Levels shall be as follows: All deductibles and self-insured retention must be shown clearly on the Certificates of Insurance and approved by the CITY. The CITY has the option to reduce or eliminate any deductible or self-insured retention maintained by the CONSULTANT. The required insurance policies shall contain the following provisions: All insurance, except Professional Liability, shall include as Additional Insured and Certificate Holder the CITY. There are not to be any special limitations on the protection being provided to the CITY, its officials, employees or volunteers. The CONSULTANT'S insurance coverage shall be primary insurance with respect to the CITY, its officials', officers', employees' and volunteers' insurance. Any insurance and self insurance maintained by the CITY shall be in excess ofthe CONSULTANT'S insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. Purchasing Department Page: 19 Engineering / Consulting Services, Stonnwater Utility Study Request for Proposa 1 07- 113 CONSULTANT'S insurance may be " claims made" based. The following clause shall be included in all policies: This policy shall not be suspended, voided, cancelled by either party, or a reduction or revision in coverage or limits of coverage except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY." The definition of insured shall read as set forth below with the company, in this context, being the CONSULTANT. If no such definition of the insured is quoted in the insurance, the CONSULT ANT must provide " Cross Liability Clause" or " Severability ofInterests Clause" endorsements for all liability insurance. The insurance afforded applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company' s liability." Acceptability of Insurance Company shall be based upon the following: Insurance coverage must be a company with a Best Rating A.VII, or better. All insurance policies herein required of the CONSULT ANT shall be written by a company authorized and licensed to do insurance business in the State of Florida and be executed by agents licensed as agents by the State of Florida. Verification of coverages and continuations of coverage, provIsIOn of certificates and endorsements and authorized signatures shall be made in accordance with the following: The CONSULTANT shall furnish the CITY with a certificate of insurance specifically the RFP number and title and with original endorsements affecting coverage. The stating certificates and endorsements must be received and approved before any work commences. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. Insurance coverage required in these specifications shall be in force throughout this Agreement. Should the CONSULTANT fail to provide acceptable evidence of current insurance within seven ( 7) days of receipt ofwritten notice at any time during the Agreement, the CITY shall have the right to consider the Agreement breached and justifying tennination thereof. Purchasing Department Page: 20 Engineering / Consulting Services, Stonnwater Utility Study Request for Proposal 07- 113 Compliance by the CONSULTANT with the foregoing requirements as to carrying insurance furnishing copies of the insurance policies shall not relieve the CONSULTANT ofliabilities and obligations under this Agreement. If coverage on the certificates of insurance is shown to expire prior to completion of all terms of the Agreement with the CITY, the CONSULTANT shall furnish certificates of insurance evidencing renewal of such coverage to the CITY. 25. HOLD HARMLESS: The CONSULTANT agrees to hold harmless and indemnify the CITY from and against liability arising out of the CONSULTANT' S negligent performance of the Work. It is specifically understood and agreed that in no case shall the CONSULTANT be required to pay an amount disproportional to his culpability or any share of any amount levied to recognize more than actual economic damage. If Professional Liability Insurance coverage is provided on a claims basis, coverage must be continued for the duration of this Agreement, without interruption and for five ( 5) years thereafter without interruption. If in the future, the CONSULTANT ceases to do business subsequent to the completion of the PROJECT, then this requirement may be satisfied by the provision of evidence that tail coverage or an extended reporting period has been purchased for a period of not less than five ( 5) years after the completion of the PROJECT. Purchasing Department Page: 21 Engineering / Consulting Services, Stormwater Utility Study Request for Proposa 1 07- 113 STANDARD FORMS THE FORMS LISTED BELOW ARE TO BE COMPLETED AND SUBMITTED WITH YOUR PROPOSAL, AND ARE ATTACHED HEREWITH: 1. PROPOSER' S CERTIFICATION