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

three ( 3) years from the date of final payment under the sub -contract unless a shorter period is otherwise authorized in writing. K. FISCAL YEAR FUNDING APPROPRIATION - Unless otherwise provided by this request, the contract for supplies or services may be entered into for a one year period of time. Payment and performance obligations for succeeding fiscal periods shall be subject to appropriation of funds by the City Council for any additional years. 3. PROPOSER'S CERTIFICATION FORM - Each proposer shall complete the " proposer's certification" form included with this request for proposal, and submit the form with the proposal. The form must be acknowledged before a notary public and have the notary seal affixed. Proposals may be rejected if the proposer's certification is not submitted Y with the proposal. 4. PUBLIC ENTITY CRIMES - A person or affiliate, as defined in § 287. 133 of the Florida d Statutes, who has been placed on the convicted vendor list following a conviction for a o J public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the M O construction or repair of a public building or public work, may not submit bids on leases T of real property to a public entity, may not be awarded or perform work as a contractor, a U_ supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in § 287. 01 of the Florida Statues for category two, for a period of 36 months from the date of being placed on the convicted vendor list. a coM N 5. FLORIDA PROMPT PAYMENT ACT c A. PROPER INVOICE - For purposes of billing submission and payment procedures, a U_ proper invoice by a contractor, vendor or other invoicing party shall include at least da the following information: U) 0 a. description, including quantity, of the goods or services provided to the City reasonably sufficient to identify the goods or services d b. the amount due, applicable discounts, and the terms of payment c. the full name of the vendor, contractor or other party who is supplying the JM goods and /or services including a mailing address in case of a dispute, a mailing address for payment purposes ( if they are different) and a telephone E number d. the purchase order or contract number as supplied by the City a e. identification by office, division, or department of to whom the goods or services were delivered or provided B. DELIVERY OF INVOICE - All invoices, to be considered a proper invoice, shall be delivered to Accounts Payable, Finance Department, City of Fort Walton Beach, 107 Miracle Strip Parkway, SW, Fort Walton Beach, Florida, 32548. C. DELIVERY; ACCEPTANCE REQUIRED - An invoice will not be considered proper unless there has been delivery, installation, or provision of the goods /services to the correct City office, division, or department, acceptance by the City of the goods/ Page 10 of 93  EH E: I services, and the contractor has otherwise complied with all of the contract's e rms and conditions and is not in default of any of them. D. INVOICE DISPUTE PROCEDURE - If there is a dispute between the City and contractor regarding an invoice, the City or contractor may initiate this invoice dispute procedure. Either party can initiate the dispute procedure, by providing the other party, in writing, notice of a dispute and stating the specifics of the dispute. The parties shall exchange all materials and information to support their claims and provide a copy of all materials and information to the Finance Director. The Finance Director shall review all materials and information and conduct a meeting with the contractor and the responsible City office, division, or department. The proceeding to resolve the dispute shall be commenced no later than 45 days after the date on which the payment request or proper invoice was received by the City. The Finance Y Director shall then issue a written final decision no later than 60 days after the date 0 L of notice of the dispute. Ld 6. CONFLICTS - The proposer acknowledges and warrants that no one was paid a fee, commission, gift, or other consideration contingent upon receipt of an award for the M services and /or supplies specified in this request for proposal. rO r 7. INSURANCE /PERFORMANCE BONDS - Insurance and /or performance bond coverage a U_ may be required by the Contract. Such insurance or bond shall be in effect for the term of the contract. Should a Contractor fail to provide acceptable evidence of current o insurance and /or a performance bond within seven ( 7) days before the expiration date a of an insurance policy or bond, the City shall have the right to terminate the Contract. 00M N 8. DRUG -FREE WORKPLACE CERTIFICATION - By submitting the Drug Free Workplace Form as part of this request for proposal, you are certifying that your company is a drug - free workplace in accordance with § 287. 087 of the Florida Statutes. U_ v CL 9. AMERICANS WITH DISABILITIES ACT - Persons with disabilities needing a special Cn accommodation to participate in this proceeding should contact the Purchasing Department, 105 Miracle Strip Pkwy. SW, Fort Walton Beach, Florida 32548, telephone 850) 833 -9523, at least seven ( 7) days before the date on which the accommodation is d requested. w 10. PURCHASE CONTRACTS WITH OTHER GOVERNMENT AGENCIES - The submission of any proposal in response to this request for proposal constitutes a r U proposal made under the same terms and conditions, for the same contract prices R and /or fee schedules to other governmental agencies within the State of Florida, unless a otherwise stipulated by the proposer within the proposal documents. 11. PERFORMANCE, LABOR, AND MATERIAL 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. Page 11 of 93  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 Register of the U. S. Department of Treasury, Circular 570 entitled " Surety Companies Acceptable on Federal Bonds" or otherwise acceptable to the City. 12. 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 the v signed contract. Ld A. Workers Compensation a. Coverage A: in conformity with Florida Statutes Jo b. Coverage B: $ 500, 000/$ 500, 000 /$500, 000 B. Commercial General Liability 1, 000, 000 0 a. Each occurrence for Bodily Injury/ Property Damage: $ b. Personal and Advertising Injury: $ 1, 000, 000 a c. Products /Completed Operations Aggregate: $ 2, 000, 000 d. General Aggregate $ 2, 000, 000 e. Fire Damage $ 100, 000 f. Medical Payments $ 10, 000 a g. Contractual Liability where applicable