Fort Walton Beach Council agenda — 12-24-2010 Regular — reading text

this bid. All m invoices must show the City of Fort Walton Beach Purchase Order Number. z 0 28. CONFLICT OF INTEREST: Any award of contract for this Invitation to Bid is subject to Chapter L- 112, Florida Statutes. All bidders must disclose with their bid the name of any officer, director, or agent a 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 o contractual relationship or agreement of any kind with the bidder. The bidder warrants that no one was v paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the services and /or supplies specified herein. ix w H 29. INSPECTION, ACCEPTANCE, AND TITLE: Inspection and acceptance will be at the w destination point 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 U. o Fort Walton Beach, unless loss of damage results from negligence by the City of Fort Walton Beach or its departments. Q 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 u w Manager shall be final and binding on both parties. c 0 IL 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 P° shall apply. Lack of knowledge by the bidder will in no way be cause for relief from such responsibility. c as 32. LIABILITY: The vendor shall hold and save the City of Fort Walton Beach, its officers, agents r and employees harmless from liability of any kind in the performance of or fulfilling the requirements of o any purchase order which may result from this bid. Q 33. LOCAL MERCHANT PREFERENCE: In accordance with Purchasing Policies 3.4.3, " If all bids /proposals received in response to a competitive procurement are for the same total amount or unit 14 Packet Pg. 35  8. 3. 16 price, quality and service being equal, the procurement shall be awarded to the local merchant, as defined in this policy." 34. MINORITY/WOMAN- OWNED /SERVICE DISABLED VETERAN OWNED BUSINESS: In n L operating within the policy of purchasing quality to suit the intended purpose at the least expense, every effort will be made to purchase from merchants who are certified by the Florida Office of Supplier Diversity and that meet the criteria outlined in F. S. 288. N Gi 6 y- SPECIAL CONDITIONS If marked, the following Special Conditions apply to this invitation to bid: E XX A. MANDATORY PRE -BID CONFERENCE: A MANDATORY Pre -Bid Meeting will be held CD at 9: 00 AM CST on Tuesday, October 26 2010, at the Ft. Walton Beach Sewer Plant, located at 1564 Percy Coleman Road, Ft. Walton Beach, Fl. 32547. In order to bid on this project, bidders must be registered and attend the pre -bid meeting. 6 m XX B. PERFORMANCE TIME AND LIQUIDATED DAMAGES: Work shall begin within 15 calendar days after Notice to Proceed has been issued and all work shall be completed within 90 calendar days. 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 a 3 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 o damages, the sum of $ 100 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 o enemy, war, embargo, fire, or explosion not caused by the negligence or intentional act of the a contractor or his supplier ( s), or by riot, sabotage, or labor trouble that results from a cause or causes w entirely beyond the control or fault of the contractor or his supplier(s), a reasonable extension of time as N the City deems appropriate may be granted. Upon receipt of a written request and justification for an w 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. O J Q XX C. FAMILIARITY WITH SITE CONDITIONS: The responsibility for the determination of p accurate measurements, the extent of work to be performed, and the conditions surrounding the w performance thereof shall be the bidder's. Submission of a bid shall constitute acknowledgement by the W bidder that he is familiar with all such conditions. The failure or neglect of a bidder to familiarize himself o with the site of the proposed work shall in no way relieve him from any obligations with respect to his bid. T m XX D. 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 Q under the sub -contract unless a shorter period is otherwise authorized in writing. E. 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 15 Packet Pg. 36  8. 3.b 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 ( 10 %) 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. L 0 XX F. BIDDER QUALIFICATION: Bids will be considered from firms who have adequate U L personnel and equipment and who are so situated as to perform prompt service, Monday through N 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 0 time, which have sufficient financial support, equipment, and organization to ensure that they can 0 satisfactorily execute the service if awarded a Contract under the terms