Fort Walton Beach Council agenda — 04-23-13--regular — reading text

apply. Lack of knowledge by the bidder will in no way be cause for relief from such responsibility. 3. 32 LIABILITY: The vendor shall hold and save the City of Fort Walton Beach, its officers, di 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. c Q 3. 33 DRUG FREE WORKPLACE PREFERENCE: Pursuant to § 287.087, Fla. Star., the City must give preference to businesses that have implemented a drug -free workplace programs whenever 9U two or more bids, proposals, or replies are equal in price, quality, and service. If your business has a N 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. aA a v 3. 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. nvx 0 N OM mr 0 vA Pape I, " I, SECTION III: SPECIAL CONDITIONS Ifmarked, thefollowing Special Conditions apply to this invitation to bid: N/ A 4. 1 PRE -BID CONFERENCE: N/A 4.2 PERFORMANCE TIME: The Contractor shall deliver Product within 15 calendar days after the Purchase Order has been issued. N/ A 4.3 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. 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 4. 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 sub- contract unless a shorter period is otherwise authorized in writing. N/ A 4. 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 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 4. 6 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 4. 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. Pa " c IScl'_. XX 4.8 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. XX 4.9 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. N/ A 4. 11 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. NiA 4. 12 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 4. 13 FLORIDA PROMPT PAYMENT ACT: For purposes of billing submission and payment procedures, a " proper invoice" by a contractor, vendor or other invoicing patty shall consist of at least all of the following: L 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 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. 1' a;; e I,, , f" XX 4. 15 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 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 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. N/A 4. 16 BOND REQUIREMENTS 1. 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 the Contract price will be required. 3. Performance and Labor & Materials Payment Bonds shall accompany the contract, be signed, sealed and dated no earlier than the contract effective date and specifically refer to the contract, by date. 4. Surety companies providing any bond must be listed in the latest Federal Q Register of the U. S. Department of Treasury, Circular 570 entitled " Surety .. Companies Acceptable on Federal Bonds" or otherwise acceptable to the City. nN XX 4. 17 INSURANCE: Bidders must be eligible for and provide evidence of insurance coverage, which equals or exceeds the City' s minimum standards for the project. All insurance required must be provided by a company licensed to do business in the State of Florida and with an A. M. best rating of at least A Proof of Insurance must accompany signed contract.