Fort Walton Beach Council agenda — 04-26-11 regular — reading text

Pricing of proposed unit compared to other 1 proposers 40% Technical Approach and capabilities of the firm 2 including references) 30% Warranties, Parts, and 3 Servicing 20% State Certified 4 MBE/ WOB /SDVOB 5% 5 Local Vendor Preference 5% TOTAL: 100% PagePage 77 ofof 9393  4. CONTACT RESTRICTIONS FOR PROPOSERS - All questions for additional information regarding this bid MUST be directed to the designated Purchasing Agent indicated below. Prospective bidders shall not contact any member of the City Managers Office or other City employees regarding this bid prior to award recommendation by City Council and posting of the final tabulation on the City' s Website at www.fwb.org and in the lobby of the Purchasing Division office. Any such contact shall be cause for resection of your bid. PURCHASING AGENT ADDRESS - All proposers shall direct communications and inquiries to: William Worlds, Purchasing Agent Y 105 Miracle Strip Pkwy. SW Fort Walton Beach, FL 32548 Phone: ( 850) 833 -9523 d L Fax: ( 850) 833 -9643 Email: wworlds(a-fwb. org Jo M 5. VENDOR PROTESTS: - Bidders or Respondents who do not agree with the City 0 Council' s recommendation for award are afforded the opportunity to protest the a recommendation by submitting written notice to the Purchasing Division within three ( 3) U- business days after notice of award or after the date the petitioner could reasonably be expected to have known of the City' s recommendation. 3 a IX. GENERAL TERMS AND CONDITIONS OF CONTRACT: 00MN r 1. PUBLIC OPENING - All proposals will be publicly opened and the list of proposers read c aloud in the Main Conference Room at City Hall, 107 Miracle Strip Pkwy. SW at the time tl specified and will be made available for public inspection within ten ( 10) days after the U) proposal opening or when an award decision is made, whichever is earlier. a Y V 2. CONTRACT REQUIRED - The City and the successful proposer shall enter into a L Contract for Services that will include, but not be limited to, and may be superseded by L 4) such Contract, the following terms and conditions. J A. INDEPENDENT CONTRACTOR STATUS; INDEMNITY - At all times the contractor will be an independent contractor and shall, therefore, agree to indemnify and save E harmless the City, its officers, agents, and employees, from and against any and all to demands, damages, fines, fees, expenses, penalties, suits, liability, claims, 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 of the Contract whether by act or omission of the proposer, its agents, servants, employees or others, or because of or due to the mere existence of the Contract between the parties. B. COPYRIGHTED, CONFIDENTIAL INFORMATION - If applicable, 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 Page 8 of 93  1 11 14.2.b 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. C. TIME IS OF THE ESSENCE - A condition that time is of the essence for the proper provision of services of the Contract and that the successful proposer will conduct all required work diligently and as specified by the City. D. ASSIGNMENT - The successful proposer may not assign, transfer, or otherwise dispose any rights or obligations of the Contract without prior written consent of the City. Y V 7 E. TERMINATION FOR CONVENIENCE - The City may terminate for its convenience In the event of termination for at any time, in whole, or in part, any bid award. d convenience, the City' s sole obligations will be to reimburse Proposer for ( 1) those Jv goods and /or services actually shipped / performed and accepted up to the date of termination, and ( 2) costs incurred by the Proposer for unfinished goods, which are M r 0 specifically manufactured for the City and which are not standard products of the T Proposer, as of the date of termination, and a reasonable profit thereon. In no event a is the City responsible for loss of anticipated profit nor will reimbursement exceed the bid value. a 3 F. TERMINATION FOR DEFAULT - The City may terminate all or any part of an award a resulting from this bid, by giving notice of default to the Proposer, if the Proposer: 00 MN 1) refuses or fails to deliver the goods or services within the time specified, ( 2) fails V to comply with any of the provisions of this Proposal or so fails to make progress as to endanger performance hereunder, or, ( 3) becomes insolvent or subject to c proceedings under any law relating to bankruptcy, insolvency, or relief of debtors. In the event of termination for default, the City' s liability will be limited to the payment d a for goods and /or services delivered and accepted as of the date of termination. v G. FIRM PRICE FOR TERM - Costs specified in the proposal shall remain firm for the d entire period of the contract. J H. ASSIGNMENT - The successful proposer may not assign, transfer, or otherwise r dispose any rights or obligations of the Contract without prior written consent of the d E City. UM Z 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 City' s Bidders List. J. RIGHT TO AUDIT RECORDS - The City shall be entitled to audit the books and records of a contractor or any sub -contractor to the extent that such books and records relate to the performance of such contract or sub -contract. Such books and records shall be maintained by the contractor for a period of three ( 3) years from the Page 9 of 93  14.2.6: date of final payment under the prime contract and by the sub -contractor for a period of