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Okaloosa County BOCC — March 18, 2014 — Chilled Cooler Contract — reading text

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as the County may request. 19. BONDING REQUIREMENTS A. Bid Bond - A bid bond, in the form prescribed, Cashier's or Certified check, is required in an amount not less than five percent (5%) of the total contract amount. The Bid Bond must be attached to the bid. B. If the total cost of the project exceeds $100,000, the successful bidder will be required to furnish a payment performance bond for 100% of the cost of the project. 20. BID PRICE - The bid price shall include all equipment, labor, materials, permit(s), freight, taxes, required insurance, Public Liability, Property Damage and Workers' Compensation, etc. to cover the finished work called for. 14 21. WARRANTY - (The warranty will be in the name of Okaloosa County) A. Warranty work specified herein is for a minimum of one (1) year from delivery against defects in materials and in labor and workmanship. State the manufacturer's warranty with your bid. 22. CONDITIONAL & INCOMPLETE BIDS - Okaloosa County specifically reserves the right to reject any conditional bid and will normally reject those bids which make it impossible to determine the true amount of the bid. 23. INVESTIGATION OF BIDDER - The Owner may make such investigations as he deems necessary to determine the stability of the bidder to perform the work and that there is no conflict of interest as it relates to the project. The bidder shall furnish to the Owner any additional information and financial data for the purpose as the Owner may request. The data shall include a detailed and up-to-date list of plant equipment and materials which bidder proposes to use, indicating which portions he already possesses and a detailed description of the method and program or work to be done. 24. FINAL ACCEPTANCE - Payment will not be made until the Owner determines that the tower delivered meets all specifications. A. Delivery of equipment to Okaloosa County Board of County Commissioners does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the equipment meets contract specifications and conditions as listed. Should the delivered equipment differ in any respect from specifications, payment will be withheld until such time as the supplier takes necessary corrective action. The Purchasing Department shall be notified of the deviation in writing within 10 days and the provisions of the delivery paragraph shall prevail. If the proposed corrective action is not acceptable to Okaloosa County, the final acceptance of the equipment, in which case the equipment remains the property of the supplier and the County shall not be liable for payment for any portion thereof. 25. SPECIFICATION EXCEPTIONS - Specifications are based on the most current literature available. Bidder shall clearly list any change in the manufacturer's specifications which conflict with the bid specifications. Bidder must also explain any deviation from the bid specification in writing, as a footnote on the applicable bid page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with their bid. Failure of the bidder to comply with these provisions will result in bidders being held responsible for all costs required to bring the equipment in compliance with contract specifications. 26. ADDITION/DELETION OF ITEM - The County reserves the right to add or delete any item from this bid or resulting contract when deemed to be in the County's best interest. 27. LOCAL PREFERENCE - Okaloosa County reserves the right to grant a preference to in- county bidders only when bids are received from firms located in states, counties, municipalities or other political subdivisions which offer preference to bidders located in such political subdivisions. The amount of preference given to local bidders will be the same as that given by the state, county, municipality or other political subdivisions in which a bidder is located. If the political subdivision in which a bidder is located offers a preference to its local firms, that bidder must plainly state the extent of such preference to include the amount and type the preference offers. Any bidder failing to indicate 15 such preference will be removed from the County bid list and any and all bids from that firm will be rejected. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. 28. REORGANIZATION OR BANKRUPTCY PROCEEDINGS - Bids will not be considered from vendors who are currently involved in official financial reorganization or bankruptcy proceedings. 29. PAYMENTS - The contractor shall be paid upon submission of invoices and approval of acceptance by Okaloosa County Board of County Commissioners, Finance Office, 302 N. Wilson St., #203, Crestview FL 32536. The prices stipulated herein are for articles delivered and accepted. Invoices must reflect contract number. 30. CONFLICT OF INTEREST DISCLOSURE FORM - The award hereunder is subject to the provisions of Chapter 112, Florida Statutes. All respondents must disclose with their proposals the name of any officer, director, or agent who is also a public officer or an employee of the Okaloosa Board of County Commissioners, or any of its agencies. Furthermore, all respondents must disclose the name of any County officer or employee who owns, directly or indirectly, an interest of five percent (5%) or more in the firm or any of its branches. Furthermore, the official, prior to or at the time of submission of the proposal, must file a statement with the Clerk of Circuit Court of Okaloosa County, if he is an officer or employee of the County, disclosing his or spouse's or child's interest and the nature of the intended business. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. 31. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. Note: For bidder's convenience, this certification form is enclosed and is made a part of the bid package. 32. No Contact Clause - The Okaloosa County Board of County Commissioners has established a solicitation silence policy (No Contact Clause) that prohibits oral and written communication regarding all formal solicitations for goods and services (formal bids, Request for Proposals, Requests for Qualifications) issued by the Board through the County Purchasing Department. The period commences when the procurement document is received and terminates when the Board of County Commissioners approves an award. Note: For proposer's convenience, this certification form is enclosed and is made a part of the bid package. 33. The following documents are to be submitted with the bid packet. A. Specifications B. Conflict of Interest Disclosure Form C. Drug-Free Workplace Certification Form D. Local Preference Data Form E. Recycled Content Form F. No Contact Clause Form G. Bid Sheet 16 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. C. 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 has other insurance that is applicable to 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. D. 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. E. The County of Okaloosa shall be furnished proof of coverage by certificates of insurance (COI) 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. F. 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. G. 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. H. 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 17 cancellation or amendment. Such notice shall be given directly to the County Representative. Workers' Compensation Insurance 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

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