Fort Walton Beach Council agenda — 02-12-08 regular agenda — reading text

for Proposal 08 -109 Proposers must submit a Statement of Understanding which clearly details their level of comprehension ofthe tasks detailed in this proposal. Proposers should be detailed on their level of experience in similar work and the knowledge it has provided them- 6. 5. 10 Any other information which the proposer believes will assist the City in making its selection. 7. EVALUATION OF PROPOSALS: 7. 1 An evaluation committee will be established to review and evaluate each proposal. The information provided in response to paragraphs 6. 5. 1 through 6. 5. 10 will be rated, utilizing a system. Proposers may be required to make a brief presentation to City staff and/ or City Council subsequent to which a short list will be developed from' such ratings. 7.2 Proposers may be ranked for inclusion on a short list. IF so, proposers selected for the short list may be required to mare a brief (15 to 20 minutes) oral presentation to the City Council in open session for final selection. The proposer should be prepared to discuss, at a minimum, the items presented in paragraphs 6. 5. 1 through 6.5. 10, as well as any related issues as may be posed by the City Council or City Manager. Note: Proposers selected to make presentations will be notified in writing in advance of the presentation date. At the end of the presentation the City may rank, in order of preference, the top three (3) firms. 8. SELECTION OF PROPOSALS: Negotiations may be conducted with the top ranked firm(s). Ifno agreement can be reached with the top ranked firm, that firm shall be dismissed and the City shall proceed with discussions with the second firm. The procedure may be repeated as many times as necessary until an agreement can be negotiated that is satisfactory to both parties. 9. DISCUSSIONS WITH RESPONSIBLE PROPOSERS AND REVISIONS TO PROPOSAL: Discussions may be conducted with responsible proposers who submit proposals determined to be reasonably acceptable ofbeing selected for award for the purpose ofclarification and to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be ity for discussion and revision of accorded fair and equal treatment with respect to any opportunity proposals and such revisions may be permitted after submission prior to award for the purpose of obtaining best and final offers. In conducting discussions, there shall be no disclosure of any information derived from proposals submitted by competing proposers except as may be required by the Florida Public Records Law, Chapter 119, Florida Statutes. Purchasing Department Page: 14 Engineering Services for Wastewater Treatment Evaluation Request for Proposal 08 -109 10. OUESTIONS REGARDING SPECIFICATIONS OR PROPOSAL PROCESS: 10. 1 To ensure fair consideration for all proposers, the City prohibits communication to or with any department, bureau or employee during the submission process, except as provided in paragraph 10. 5. Additionally, the City prohibits communications initiated by a proposer to the City Official or employee evaluating or considering the proposals prior to the time an award decision has been made. Any communication between proposer and the City will be initiated by the appropriate City Official or employee in order to obtain information or clarification needed to develop a proper, accurate evaluation of the proposal. 10. 2 Such communications initiated by a proposer may be grounds for disqualifying the offending proposer from consideration for award of the proposal and/or any future proposal. 10. 3 Any questions relative to interpretation of specifications or the proposal process shall be addressed to the Director ofPurchasing in writing, in a timely manner, prior to the period set for the receipt and opening ofproposals. Inquiries, received within ten ( 10) days of the date set for receipt of proposals shall not be given any consideration. Any interpretation made to prospective proposers will be expressed in the form of an addendum to the specifications which, if issued, will be conveyed in writing to all prospective proposers no later than five ( 5) days prior to the date set for receipt of proposals. 10.4 It will be the responsibility ofthe proposer to contact the Purchasing Department prior to submitting a proposal to ascertain if any addenda have been issued, to obtain all such addenda, and to return executed addenda with the proposal. 10. 5 Direct inquiries to: Jeff Hyde, .Buyer City of Fort Walton Beach PO Box 4009 143 Hollywood Blvd NW Fort Walton Beach, Florida 32549 850) 833 -9526 Fax (850) 8339643 Website: http: / www.fwb.org / Contact with any other City representative or elected official may be grounds for disqualification. Purchasing Department Page: 15 Engineesing Services for Wastewater Treatment Evaluation Request for Proposal 08 -109 11. CONDITIONS OF PROPOSALS: 11. 1 Late Proposals: - Proposals received by the City after the time specified for receipt will not be considered. Proposers shall assume full responsibility for timely delivery of the proposals to the location designated for receipt of proposals. 11. 2 Completeness - All information required by the Request for Proposal must be supplied to constitute a legitimate proposal. 11. 3 Public Opening - All proposals will be publicly opened at the time and place specified and made available for public inspection within ten (10) days after the proposal opening or when an award decision is made, whichever is earlier. 11. 4 Award Presentation. - The Utilities Director will present to City Council for acceptance and final award, one of the proposals, or will reject all proposals, within ninety ( 90) calendar days from the date of opening of proposals. 12. TERMS AND CONDITIONS OF AGREEMENT: The Agreement to be entered into with the successful proposer will include, but not be limited to, the following terms and conditions. 12. 1 The proposer shall agree to indemnify and save harmless the City, its officers, agents, and employees, from and against any and all liability, claims, demands, damages, fines, fees, expenses, penalties, suits, proceedings, actions and costs of action, including attorney's fees for trial and on appeal, of any kind and nature arising or growing out of or in any way connected with the performance ofthe Agreement whether by act or omission ofthe proposer, its agents, servants, employees or others, or because of or due to the mere existence ofthe Agreement between the parties. 12. 2 The proposer shall pay all royalties and assume all costs arising from the use of any invention, design, process materials, equipment, product or device which is the subject of patent rights or copyrights. Proposer shall, at its own expense, hold harmless and defend the City against any claim, suit or proceeding brought against the City which is based upon a claim, whether rightful or otherwise, that the goods or services, or any part thereof, furnished under the contract, constitute an infringement or any patent or copyright of the United States. The Proposer shall pay all damages and costs awarded against the City. 12. 3 An understanding and agreement, by and between the proposer and the City, that the completion time as specified in proposer's submission is an ESSENTIAL CONDITION OF THE CONTRACT. The proposer shall agree that all work shall be prosecuted Purchasing Department Page: 16 Engineering Services for Wastewater Treatment Evaluation Request for Proposal 08 -109 regularly, diligently, and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified. 12. 4 Assignment The successful Proposer shall not enter into subcontractors, retain consultants, or assign, transfer, convey, sublet, or otherwise dispose ofthe ensuing Contract, or any or all of its rights, title or interest herein, or its power to execute such Contract to any person, company or corporation or transfer more than fifty percent (50 %) of its ownership to a third party without prior written consent of the City. 12. 5 Termination for Convenience The City may at any time, at its sole discretion, without cause, terminate this Contract for its convenience by written notice to the successful Proposer. The City will calculate the outstanding payments due the Proposer. The City will notify the successful Proposer of the amount owed by the City, which will be immediately be remitted to the Proposer. 12. 6 Termination for Default Consultants will be in default under the Contract ifthey commit a breach ofthe Contract deemed material to the City. Where such a default occurs the City may terminate the contract and suspend the Contractor from consideration for other work for a period not less than one ( 1) year. The City may also require the contractor to reimburse the City for the reprocurement cost incurred by the City as a result of reawarding or completing the Contract. The City may at its sole discretion waive a default by the contractor, but no such waiver, and no failure by the City to take action shall be deemed a waiver of any subsequent default. 13. EXECUTION OF AGREEMENT: The successful proposer shall, within fifteen ( 15) calendar days after Notice ofAward.is issued by the City ofFort Walton Beach Purchasing Department, enter into a contract with the City for the performance of work awarded him 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. Purchasing Department Page: 17 Engineering Services for 'Wastewater Treatment Evaluation Request for Proposal 08 -109 14. RIGHT TO AUDIT RECORDS: The City shall be entitled to audit the books and records ofa contractor or any sub -contractor to the extent that such books and records