Fort Walton Beach Council agenda — 07-23-13--special---alconese rezoning — reading text

bidder' s. Submission of a bid shall constitute acknowledgement by the bidder that he is familiar with all such conditions. The failure or neglect of a bidder to familiarize himself with the site of the proposed work shall in no way relieve him from any obligations with respect to his bid. 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 under the sub -contract unless a shorter period is otherwise authorized in writing. XX E. VALUE ENGINEERING: It is the intent of the City to award a contract to die lowest 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 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. XX F. BIDDER QUALIFICATION: Bids will be considered from firms who have adequate personnel and equipment and who are so situated as to perform prompt service, Monday through 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 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 stated. The terms " equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practice in the industry and as determined by the City. XX O. INSPECTION: The City reserves the right to conduct an inspection of the bidders 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 Pag; 18o1_26  sadaamg asanoo J1oe) t t0- et 81110 pjemy : q -Ctoe) sa rilurrA JIorO - lesodmd Pl8 1, 1, 0- Cl, 811 auawgoelty 0 ColfCOUru Turf Smccper MecLinc B liUi 1 w 6 a contract. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation of adequate funds by City Council, XX I. 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 bill not advertised in the price of the supplies or services delivered under the contract or otherwise recoverable. XX J. EXECUTION OF CONTRACT: The successful bidder shall, within fifteen ( 15) calendar days 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 K. 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 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 of at least all of the following: 1. A description ( including quanti(y) 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); 2. The amount due, applicable discount( s), and the terms thereof; 3.3. TheThe fullfull namename ofof thethe vendor,vendor, contractorcontractor oror otherother partyparty whowho isis supplyingsupplying thethe goodsgoods andand / / oror servicesservices includingincluding aa mailingmailing addressaddress inin casecase ofof aa disputedispute andand aa mailingmailing addressaddress forfor paymentpayment purposes purposes ( ( ifif theythey areare different)different) andand aa telephonetelephone number;number; 4.4. TheThe PurchasePurchase OrderOrder oror ContractContract numbernumber asas supplied supplied byby thethe City;City; andand S.S. IdentificationIdentification byby officeoffice oror departmentdepartment wherewhere andand toto whomwhom thethe goodsgoods werewere delivered delivered oror services services provided.provided. 6.6. AllAll invoicesinvoices shallshall bebe delivereddelivered toto thethe AccountsAccounts PayablePayable Dept.,Dept., CityCity ofof FortFort WaltonWalton Beach,Beach, 107107 MiracleMiracle StripStrip ParkwayParkway SW,SW, FortFort WaltonWalton Beach,Beach, Florida,Florida, 32548.32548. 7.7. TheThe invoiceinvoice mustmust bebe basedbased onon aa properproper delivery,delivery, installation,installation, oror provisionprovision ofof thethe goodsgoods andand / / oror servicesservices toto andand acceptanceacceptance byby thethe City;City; thethe vendor,vendor, contractor contractor oror otherother partyparty whowho isis supplyingsupplying thethe goodsgoods andand / / oror servicesservices hashas otherwiseotherwise compliedcomplied withwith allall ofof thethe contract'contract' ss termsterms andand conditions conditions andand isis notnot inin defaultdefault ofof anyany ofof them;them; andand ifif thethe contractcontract requiresrequires anyany subcontractors subcontractors oror otherother partiesparties toto bebe boundbound byby similarsimilar otherother flowflow - - down"down" requirementsrequirements areare inin compliancecompliance withwith thosethose requirements.requirements. XXXX M.M. DISPUTEDISPUTE RESOLUTION:RESOLUTION: InIn thethe eventevent aa dispute dispute occursoccurs betweenbetween aa contractor,contractor, vendorvendor oror otherother invoicinginvoicing partyparty ( " ( " invoicinginvoicing partyparty ") ") andand thethe CityCity concerningconcerning paymentpayment ofof anan invoice,invoice, thethe CityCity departmentdepartment oror officeoffice whichwhich hashas thethe disputedispute alongalong withwith aa representativerepresentative ofof thethe City'City' ss PurchasingPurchasing PagePage 1919 ofof 2626 uadaamg asunop 1100 Lt()- St 81110 P3emV : 4- E LOZ) saunluOA 1100 - lesodoud PIS L LO- C L 1311 : 1u0m40el7V Gol f Course Turf Sweeper Machine Department and the invoicing party shall meet to consider the disputed issues. The invoicing party ITa 13 - 011 shall provide to the City such material and information as the City may reasonably require. Any such Il procedure shall be initiated by either party notifying the other in writing of a dispute and staling 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 I. Performance Bond equal to one hundred percent ( 100 %) of the Contract price will be required. 2. Labor & Material Payment Bond equal to one hundred percent ( 100 %) of