Fort Walton Beach Council agenda — 02-14-12 regular — reading text

a drug -free workplace programs whenever two or more bids, proposals, or replies are equal in price, quality, and service. If your business has implemented a drug 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. um 34. LOCAL VENDER PREFERENCE: The city may give preference to a local vendor whenever two or more bids, proposals, or replies are equal in price, quality and service. In the event T of a tie by local vendors, the award may be split when it is in the best interests of the City. E 35. MINORITY / WOMAN-OWNED / SERVICE -DISABLED VETERAN OWNED ud BUSINESS: In operating within the policy of purchasing quality to suit the intended o purposed at the least expense, every effort will be made to purchase from merchants who are certified 0 by the Florida Office of Supplier Diversity and that meet the criteria outlined in F.S. 288. E0mNa fQ NOb 1' age 1, Packet Pg. 41  F82. 1A1il% IIVA17) 1511) 1 1) E111111 .,. eIu sI- R, nsi,.' I II is >,. 1 u) ti[, m PART IV - SPECIAL CONDITIONS If marked, the following Special Conditions apply to this invitation to bid: XX A. NON -MANDATORY PRE -BID CONFERENCE: A non -mandatory Pre -Bid Meeting is scheduled for 10: 0oAM local time on December 15, 2011 at the City Hall Main Conference Room located at 107 Miracle Strip Parkway SW, Fort Walton Beach, FL 32548. XX B. PERFORMANCE TIME: The Contractor shall deliver the required equipment within One hundred, eighty ( 180) calendar days after the Purchase Order has been issued. XX 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 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 the 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 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 contract. V,, 18 Packet Pg. 42  82. 1V%Illl1OAJ0 Bit) ' ., si u ( i'A, I I v t I I I t R it I Ia) i, 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 perfomrance 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. XX I. 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: I. A description ( including quantity) of the goods and/ or services provided to the City or a parry on behalf of the City) reasonably sufficient to identify it (or them); 1 The amount due, applicable discount(s), and the terns thereof, 3. The full name of the vendor, contractor or other party who is supplying the goods and/ or services including a mailing address in case of a dispute and a mailing address for payment purposes ( if they are different) and a telephone number; 4. The Purchase Order or Contract number as supplied by the City; and 5. Identification by office or department where and to whom the goods were delivered or services provided. 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 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 are in compliance with those requirements. XX M. DISPUTE RESOLUTION: In the event a dispute occurs between a contractor, vendor or other invoicing party ( "invoicing parry ") 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 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 Peg, l e Packet Pg. 43  8. 2. a 1AAIIVIIpAIOIiU I I1 111 a 1% tau a R, Is ni, R, 1 t.,. POIvCOT 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. XX N. BOND REQUIREMENTS X 1. Performance Bond equal to one hundred percent ( 100 %) of the Contract price will be required. X 2. Labor & Material Payment Bond equal to one hundred percent ( 100 %) of the Contract price will be required. X 3. Performance and Labor & Materials Payment Bonds shall accompany the contract, be signed, scaled