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

from firms which are regularly engaged in the business as described in this bid package; with a record of performance for a ra 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 staled. The terms " equipment and organization" as used herein shall be construed to E mean a fully equipped and well established company in line with the best business practice in the m industry and as determined by the City. XX G. 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 H. 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 are available for the first fiscal period at the time of Para ., ... Packet Pg. 44  8. 2. b contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation of adequate funds by City Council. XX L 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. EXECUTION OF CONTRACT: The successful bidder shall, within fifteen ( 15) XX J. calendar days after Notice to Proceed is issued by the Purchasing Agent, enter into a contract with the J0an City for the performance of work awarded and shall simultaneously provide any required bonds, 0 indemnities and insurance certificates. Failure to comply with the established deadline for submittal of required documents may be grounds for cancellation of the award. LLL XX K. FAILURE TO EXECUTE CONTRACT: Failure of the successful bidder to enter into VO 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 a3 suspension amfor removal from the Bidder' s List. m XX L. 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 m of at least all of the following: 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); mn 2. The amount due, applicable discount( s), and the terms thereof; 3. The full name of the vendor, contractor or other party who is supplying the goods cvE and/ or services including a mailing address in case of a dispute and a mailing address 0 for payment purposes ( if they are different) and a telephone number; 4. The Purchase Order or Contract number as supplied by the City; and 0am 5. Identification by office or department where and to whom the goods were delivered m0 N or services provided. mr 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. 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 cuE 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 arc in compliance with those requirements. XX M. 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 invoice, the City department or office which has the dispute along with a representative of the City' s Purchasing Page 0"! Packet Pg. 45  8. 2. b 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. N/ A N. BOND REQUIREMENTS 1. Performance Bond equal to one hundred percent ( 100 %) of the Contract price will be required. aJ0vn 0 2. Labor & Material Payment Bond equal to one hundred percent ( 100 %) of LLL the Contract price will be required. 3. Performance and Labor & Materials Payment Bonds shall accompany the contract, be signed, sealed and dated no earlier than the contract effective date and rV0m a specifically refer to the contract, by date. E N 4. Surety companies providing any bond must be listed in the latest Federal 0 Register of the U. S. Department of Treasury, Circular 570 entitled ` Surely N Companies Acceptable on Federal Bonds" or otherwise acceptable to the City. m XX O. INSURANCE: Bidders must be eligible for and provide evidence of insurance coverage, which equals or exceeds the City' s minimum standards for the project. All insurance mn required must be provided by a company licensed to do business in the State of Florida and with an C A.M. best rating of at least A -. Proof of Insurance must accompany signed contract. E u XX I. Commercial General Liability Each occurrence for Bodily Injury/Propeny Damage $ 1, 000, 000 Mo°a 1, 000, 000 Products /Completed Operations $ Annual Aggregate for Bodily Injury /Property Damage $ 1, 000, 000 V4 Products Liability Coverage $ 500, 000 m XX 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 ( cast 30 days cnaLE a notice. Contracmal Liability Any coverages which are eliminated, restricted or reduced to less than what is commonly provided by standard I. S. O. forms must be indicated. p„ a' o, n . o Paek t Pg. 46  8. 2. b XX 2. Commercial Automobile Liability Combined single limit for bodily injury andior property damage: $ 500, 000 XX 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.