Fort Walton Beach Council agenda — 04-24-12 regular — reading text

with the bid. Bid Tabulations will not be provided by telephone, 121 TAX EXEMPT: The City does not pay federal excise and state sales taxes. The City' s tax exemption number is 85- 8012740106C -0 and is included on all purchase orders. 2.22 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. 2. 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. 2. 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. 2. 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. 2. 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. 127 INVOICING AND PAYMENT: The supplier shall be paid upon submission of invoices to Accounts Payable, City of Fort Walton Beach, 107 Miracle Strip Parkway 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. I Packet Pg. 44  8. 2. b Pod 111 1 1, 2.28 CONFLICT OF INTEREST: Any award of contract for this Invitation to Bid is subject to Chapter 112, Florida Statutes. All bidders must disclose with their bid the time 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. 2. 29 INSPECTION, ACCEPTANCE, AND TITLE: Inspection and acceptance will be at the destination point unless otherwise stipulated by the City. Tide 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. 2. 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. 2. 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. 2.32 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 requirements of any purchase order which may result from this bid. 2. 33 DRUG FREE WORKPLACE PREFERENCE: Pursuant to § 287. 087, Florida Statutes, the City 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 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. 2. 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 of a tie by local vendors, the award may be split when it is in the best interests of the City. 2. 35 MINORITY / WOMAN- OWNED / SERVICE -DISABLED VETERAN OWNED BUSINESS: In operating within the policy of purchasing quality to suit the intended purposed 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. Packet Pg. 45  8. 26 I , , , ,. , m d SECTION 3- SPECIAL CONDITIONS Ifmarked, the following Special Conditions apply to this invitation to bid: N/ A 3. 1 PRE- BID CONFERENCE XX 3. 2 PERFORMANCE TIME: The Contractor shall deliver the required service within TEN 10) calendar days after the Purchase Order has been issued. XX 3. 3 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. Failure or neglect of a bidder to be familiar with the site of the proposed work shall in no way relieve the bidder from any obligations with respect to this bid. XX 3. 4 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 subcontract unless a shorter period is otherwise authorized in writing. XX 3. 5 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 ( 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. XX 3. 6 BIDDER QUALIFICATION: Bids will be considered from firms who have adequate personnel and equipment and who are so simated 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 3. 7 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 3. 8 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. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation of adequate funds by City Council. 2 Packet Pg. 46  8. 3. b XX 3. 9 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. XX 3. 10 EXECUTION OF CONTRACT: The successful bidder shall, within fifteen ( 15) calendar days after Notice of Award 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 3. 11 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 3. 12 FLORIDA PROMPT PAYMENT ACT: For purposes of billing submission and payment procedures, a " proper invoice" by a contractor, vendor, or other invoicing parry shall consist of at least all of the following: 3. 12. 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); 3. 12. 2 The amount due, applicable discount( s), and the terms thereof; 3. 12. 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; 3. 12.4 The Purchase Order or Contract Number as supplied by the City; and