Okaloosa County BOCC — October 2, 2012 — Agenda — reading text

bankruptcy proceedings. 9. Payments - The contractor shall be paid upon submission of invoices, in duplicate to the Okaloosa County Board of Commissioners, Finance Office, 302 N. Wilson St., #203, Crestview FL 32536. The prices stioulated herein for articles delivered and accepted. Invoices must show Purchase Order Number. 10. information - Questions conceming bid requirements or specifications should be directed to the Okaloosa County Purchasing Department, 602-C North Pearl Street, Crestview, Florida 32536, Telephone Number 850-689-5960; Attn: Richard Brannon. Any changes by the County to specifications shall be in writing in the form of an addendum and furnished to all bidders. Verbal information obtained otherwise will not be considered in awarding of bids. V1. Bid Opening - Bid Opening shall be public, on the date and time specified on the bid form. It is the bidder's responsibility to assure that his bid is delivered at the proper time and place. Offers by telegram, facsimile, or telephone are NOT acceptable. NOTE: Crestview, Florida is "not a next day guaranteed delivery location” by delivery services. 12. Right to Waive and Reject A. The Board, in its absolute discretion, may reject any bid of a bidder that has failed, in the opinion of the Board, to complete or perform an Okaloosa County Last Revised — 09/11/2012 Page 5 contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential bidders. There is no obligation on the part of the County to award the bid to the lowest bidder, and the County reserves the right to award the bid to bidder submitting a responsive bid with a_ resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa County, and to reject any and all bids or to waive any irregularity or technicality in bids received. Okaloosa County shall be the sole judge of the bid and the resulting negotiated agreement that is in its best interest and its decision shall be final. The Board of County Commissioners reserves the right to waive any informalities or reject any and all bids, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this bid and to accept the bid that in its judgment will best serve the interest of the County. The Board of County Commissioners specifically reserves the right to reject any conditional bid and will normally reject those that made it impossible to determine the true amount of the bid. 13. Disqualification of Bidders - Any of the following reasons may be considered as sufficient for the disqualification of a bidder and the rejection of his bid or bids: A. More than one bid for the same work from an individual, firm or corporation under the same or different name. Evidence that the bidder has a financial interest in the firm of another bidder for the same work. Evidence of collusion among bidders. Participants in such collusion will receive no recognition as bidders for any future work of the County uniil such participant shall have beén reinstated as a qualified bidder. Uncompleted work that in the judgement of the County might hinder or prevent the prompt completion of additional work if awarded. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of advertisement of bids. Default under previous contract. The Board, in its absolute discretion, may reject any bid of a bidder that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential bidders. 14. Authority to Piggyback - All bidders submitting a response to this Invitation fo Bid agree that such response also constitutes a bid to all governmental agencies under the same Last Revised ~ 09/11/2012 Page 6 conditions, for the same contract price, and for the same effective period as this bid, should the bidder feel it is in their best interest to do so. Each governmental agency desiring to accept these bids and make an award thereof shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for materials and/or services ordered and received by it, and no agency assumes any liability by virtue of this bid. This agreement in no way restricts or interferes with the right of any governmental agency to bid any or all items. 15. No Bid - If not submitting a bid, respond by returning this bid, marking it “NO BID” and explain the reason. Repeated failure to quote without sufficient justification shall be cause for removal of the supplier's name from the bid mailing list. NOTE: To qualify as a respondent, bidder must submit a “No Bid" and it must be received no later than the stated bid opening date and hour. 16. Termination of Contract - The contract may be terminated in its entirety upon thirty (30) calendar days prior written notice by either party to the other. In the event the contract is cancelled in its entirety at any time during the terms of the contract, any loss of anticipated profits from such cancellation shall not constitute grounds for equitable adjustments under the contract. 17. Escalation Clause - If any escalation cost is to be considered, it shall be plainly stated in the bid as either a percentage figure and/or as. a numerical number. Last Revised — 09/11/2012 Page 7 INSURANCE REQUIREMENTS Contractor's Insurance A. The CONTRACTOR shall not commence any work in connection with this Agreement until he has obtained all required insurance and such insurance has been approved by the Okaloosa County Risk Management Director. All insurance policies shall be with insurers licensed to do business in the State of Florida, and any insuring company is required to have a minimum rating of A, Class X in the Best Key Rating Guide published A. M. Best & Co., Inc. All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured have other insurance that is applicable fo the loss, such other insurance shall be on an excess or contingent basis. The amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. The County of Okaloosa shall be listed as Additional Insured by policy endorsement on all insurance contracts applicable to this Agreement except Workers’ Compensation and Professional Liability. The County of Okaloosa shall be furnished proof of coverage by certificates of insurance (COl) and endorsements for every applicable insurance contract required by this Agreement. The COl's and policy endorsements must be delivered to the County Representative not less than ten (10) days prior to the commencement of any and all contractual agreements between the County of Okaloosa and the CONTRACTOR. The County shall retain the right to reject all insurance contracts that do not meet the requirement of this Agreement. Further, the County reserves the right to change these insurance requirements with 60-day notice to the CONTRACTOR. The insurance definition of Insured or Additional Insured shall include Subcontractor, Sub-subcontractor, and any associated or subsidiary companies of the CONTRACTOR, which are involved, and which is a part of the contract. The County reserves the right at any time to require the CONTRACTOR to provide certified copies of any insurance policies to document the insurance coverage specified in this Agreement. The designation of CONTRACTOR shall include any associated or subsidiary company which is involved and is a part of the contract and such, if any associated or subsidiary company involved in the project must be named in the Workers’ Compensation coverage. All policies shall be written so that the County will be notified of cancellation or restrictive amendments at least thirty (30) days prior to the effective date of such Last Revised - 09/11/2012 Page 8 cancellation or amendment. Such notice shall be given directly. to the County Representative. Workers’ Compensation Insurance 1. The CONTRACTOR shall secure and maintain during the life of this agreement Workers’ Compensation insurance for all of his employees employed for the project or any site connected with the work, including supervision, administration or management, of this project and in case any work is sublet, with the approval of the County of Okaloosa, the CONTRACTOR shall require the Subcontractor similarly to provide Workers’ Compensation insurance for all employees employed at the site of the project, and such evidence of insurance shall be furnished the County of Okaloosa not less than ten (10) days prior to the commencement of any and all subcontractual agreements which have been approved by the County of Okaloosa. : 2. Such insurance shall comply with the Florida Workers’ Compensation Law. 3. No class of employee, including the CONTRACTOR himself, shall be excluded from the Workers’ Compensation insurance coverage. The Workers’ Compensation insurance shall also include Employer’s Liability coverage. Business Automobile and Commercial General Liability Insurance 1. The CONTRACTOR shall maintain Business Automobile Liability insurance Coverage throughout the life of this Agreement. The insurance shall include Owned, Non- owned & Hired Motor Vehicle coverage. 2. The CONTRACTOR shall carry other Commercial General Liability insurance against all other Bodily Injury, Property Damage and Personal and Advertising Injury exposures. The coverage shall include both On-and Off-Premises Operations, Contractual Liability, Board Form Property Damage, and Professional Liability. 3. All liability insurance (other than Professional Liability) shall be written on an occurrence basis and shall not be written on a claim-made basis. If the insurance is issued with an aggregate limit of liability, the aggregate limit of liability shall apply only to the locations included in this Agreement. If, as the result of any claims or other reasons, the available limits of insurance reduce to less than those stated in the Limits of Liability, the CONTRACTOR shall notify the County representative in writing. The CONTRACTOR shall purchase additional liability insurance to maintain the requirements established in this Agreement. Umbrella or Excess Liability insurance can be purchased to meet the Limits of Liability specified in this Agreement. A. Commercial General Liability coverage shall be endorsed to include the ‘following: 1.) Premises — Operation Liability 2.) Occurrence Bodily Injury and Property Damage Liability eRe eee eee ener a Last Revised — 09/11/2012 Page 9 3.) Independent Contractor's Liability 4,) Completed Operations and Products Liability 5. CONTRACTOR shall agree to keep in continuous force Commercial General Liability coverage including Completed Operations and Products Liability for two (2) years beyond acceptance of project. Limits of Liability The insurance required shall be written for not less than the following, or greater. if required by law and shall include Employer's liability with limits as prescribed in this contract: LIMIT A. Worker's Compensation 1.) State Statutory 2.) Employer's Liability $1,000,000 each accident B. Business Automobile & Commercial $1,000,000 each occurrence General Liability Insurance (A