Fort Walton Beach Council agenda — 05-08-12 regular — reading text

s award are afforded the opportunity to protest the recommendation by submitting a written vendor protest to the Purchasing Division within three ( 3) business days after City Council has awarded the purchase. Failure to file a written vendor protest within three ( 3) business days shall constitute a waiver of protest under this policy. m N 17. 3 In the best interest of the City, the right is reserved to make award(s) by individual c items, group of items, all or none, or a combination thereof, with one or more suppliers; to reject any E and all bids, or to waive any informality or technicality in bids received. 18. SELECTION / REJECTION OF OPTIONS /ALTERNATIVES: If an invitation to bid permits options or alternatives, the City reserves the right to select or reject any or all options or 0u0a alternatives that are bid and as deemed to be in the best interests of the City. w0 N 19. PUBLIC ENTITY CRIMES: A person or affiliate, as defined in § 287. 133, Fla. Stat., who L has been placed on the convicted vendor list following a conviction for a public entity crime may not c submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may E not submit bids on leases of real property to a public entity, may not be awarded or perform work as a rm contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not a transact business with any public entity in excess of the threshold amount provided in § 287.01, Fla. Star., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. By submitting a bid, you are certifying your company is in compliance with § 287. 133, Fla. Stat. 20. BID TABULATION & EVALUATION: Bidders may request copies of the bid tabulation documents via email, in person or by sending a stamped, self -addressed envelope with the bid. Bid Tabulations will not be provided by telephone. I', .. , I Packet Pg. 47  8. 2. b 21. TAX EXEMPT: The City does not pay federal excise and state sales taxes. Our tax exemption number is 85- 8012740106C -0 and is on all purchase orders. 22. POLITICAL SUBDIVISIONS CONTRACTS: Under Florida Law, prices contained in State Contracts shall be available to the City of Fort Walton Beach, who might wish to purchase under a State Purchase Contract. The City reserves the right to purchase from a State Purchase Contract if in the best interest of the City. 23. MISTAKES: Bidders are 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. 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. 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. 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. 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. 28, CONFLICT OF INTEREST: Any award of coDtract for this Invitation to Bid is subject to Chapter 112, Florida Statutes. All bidders must disclose with their bid the Dame 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. 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. Pn _., nl > q Packet Pg. 42  F- 8 .2.6 30. DISPUTES: In case of any doubt or differences of opinion as to the items to be famished 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. 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. a 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 in the performance of or fulfilling the J0 requirements of any purchase order which may result from this bid. C0L 33. DRUG FREE WORKPLACE PREFERENCE: Pursuant to § 287. 087, Fla. Star, the City ME 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 uo implemented a drag 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. 34. LOCAL VENDER PREFERENCE: The city may give preference to a local vendor Nv3 whenever two or more bids, proposals, or replies are equal in price, quality and service. In the event 0 of a tic by local vendors, the award may be split when it is in the best interests of the City. Mr parse ' 017.. Packet Pg. 43  8. 2. b SPECIAL CONDITIONS ifmarked, thefollowing Special Conditions apply to this invitation to bid., N/ A A. PRE -BID CONFERENCE: XX B. PERFORMANCE TIME: The Contractor shall deliver the required equipment within Sixty (60) calendar days after the Purchase Order has been issued. a N/ A C. 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 o the bidder that he is familiar with all such conditions. The failure or neglect of a bidder to familiarize LL himself with the site of the proposed work shall in no way relieve him from any obligations with e respect to his bid. 0 XX D. RIGHT TO AUDIT RECORDS: The City shall be entitled to audit the books and m 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 subcontract 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 a J 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. ry N/ A E. VALUE ENGINEERING: It is the intent of the City to award a contract to the lowest M 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 m E 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. c XX F. BIDDER QUALIFICATION: Bids will be considered from fines who have adequate ain personnel and equipment and who are so situated as to perform prompt service, Monday through V Friday, except for City holidays. Bids will be considered only