Fort Walton Beach Council agenda — 02-23-2010 Regular — reading text

and Health Act. 27. INVOICING AND PAYMENT: The supplier shall be paid upon submission of invoices to: Accounts Payable, City of Fort Walton Beach, P. O. Box 4009, Fort Walton Beach, Florida 32549. 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. 48- 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 name 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. 29. INSPECTION, ACCEPTANCE, AND TITLE: Inspection and acceptance will be at the destination point unless otherwise stipulated by the City. Title 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. 30. DISPUTES: In case of any doubt or differences of opinion as to the items to be furnished 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. 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. 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. 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. 34. LOCAL MERCHANT PREFERENCE: In accordance with City Ordinance 4. 01. 024: In operating within the policy of purchasing quality to suit the intended purpose at the least expense, every effort will be made to purchase from merchants located within the city. Local Merchant is defined as a business which is located within the City limits of Ft. Walton Beach. 35. MINORITY/WOMAN- OWNED /SERVICE DISABLED VETERAN OWNED BUSINESS: In operating within the policy of purchasing quality to suit the intended purpose 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. 49-  SPECIAL CONDITIONS If marked, the following Special Conditions apply to this Invitation to Bid: XX A. PRE -BID CONFERENCE: A Non -Mandatory Pre -Bid Meeting is scheduled for 10: 00 AM CST on January 20, 2010 at the Purchasing Division Offices located at 143 Hollywood Blvd. NW. XX B. PERFORMANCE TIME: The Contractor shall begin the required services based on the schedule submitted by the City within fifteen ( 15) 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 ( 1 00/o) 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 ar; 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. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation of adequate funds by City Council. 50- 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 but 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 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 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 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); 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 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 Engineering Services Department, City of Fort Walton Beach, 105 Miracle Strip Parkway, 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 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 Division 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 51- 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