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4 <br />CITY OF SUNNY ISLES BEACH <br />18070 Collins Ave. | Sunny Isles Beach, FL 33160 <br />305.792.1707 | sibfl.net | Purchasing@sibfl.net <br />SECTION 1 <br />INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS <br />THESE INSTRUCTIONS ARE STANDARD FOR ALL BID COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY ISLES BEACH MAY DELETE, <br />SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS <br />OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIO0NS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE <br />PROVISIONS INCLUDED WITHIN THIS BID OR ITB SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER <br />REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY. <br />1.1 CLARIFICATION/EXPLANATION/QUESTIONS: <br />Any questions concerning the Bid Specifications or any required need <br />for clarification must be made to Mauricio Betancur, CMC, City Clerk <br />via email to: Purchasing@sibfl.net or via facsimile (305) 792-1563 <br />or via regular mail at: Purchasing, City of Sunny Isles Beach, 18070 <br />Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for <br />clarification/explanation or questions must be made in writing to <br />Mauricio Betancur, CMC, City Clerk, at least five (5) business days <br />prior to the date of the Bid opening. Interpretations or clarifications <br />considered necessary by the City will be issued by addenda and <br />posted/disseminated by DemandStar (www.demandstar.com) to all <br />parties listed on the official plan holders’ list as having received the <br />Bid documents. Only questions answered by written addenda shall <br />be binding. Oral interpretations or clarifications shall be without legal <br />effect. No plea of ignorance or delay or required need of additional <br />information shall exempt a Bidder from submitting their Bid on the <br />required date and time as publicly noted. <br />1.2 PLAN HOLDER’S LIST: <br />As a convenience to vendors, the City of Sunny Isles Beach has made <br />available via internet lists of all plan holders for each REQUEST FOR <br />PROPOSALS, REQUEST FOR PROPOSALS, and request for <br />qualifications. The information is available on-line at <br />www.demandstar.com or by calling the Office of the City Clerk at <br />(305) 792-1703. <br />1.3 ADDENDA TO SPECIFICATIONS: <br />If any addenda are issued after the initial specifications are released, <br />the City will post and disseminate the addenda through DemandStar. <br />For those projects with separate plans, blue prints, or other materials <br />that cannot be accessed through the internet, the Office of the City <br />Clerk will make good faith effort to ensure that all registered Bidder <br />(those who have been registered as receiving a Bid package) receive <br />the documents. It is the responsibility of the vendor prior to the <br />submission of any Bid to check the above website or contact the <br />Office of the City Clerk at (305) 792-1703 to verify any addenda <br />issued. The receipt of all addenda must be acknowledged on the Bid <br />Response Sheet. <br />1.4 SPECIAL ACCOMMODATIONS: <br />Any person requiring a special accommodation at a Pre-Bid <br />Conference or Bid/ITB/RFQ opening because of a disability should <br />call the Office of the City Clerk at (305) 792-1703 at lease five (5) <br />days prior to the Pre-Bid Conference or Bid/ITB/RFQ opening. If you <br />are hearing or speech impaired, please contact the Office of the City <br />Clerk by calling the City of Sunny Isles Beach using the Florida Relay <br />Service which can be reached at 1(800) 955-8771 (TDD). <br />1.5 PUBLIC ENTITY CRIMES STATEMENT: <br />Pursuant to the provisions of paragraph (2) (a) of section 287.133, <br />Florida statutes -"a person or affiliate who has been placed on the <br />convicted vendor list following a conviction for a public entity crime <br />may not submit a Bid on a contract to provide any goods or services <br />to a public entity, may not submit a Bid on a contract with a public <br />entity for the construction or repair of a public building or public <br />work, may not submit Bids on leases of real property to a public <br />entity, may not be awarded to perform work as a Contractor, <br />supplier, sub-Contractor, or consultant under a contract with any <br />public entity, and may not transact business with any public entity in <br />excess of the threshold amount provided in section 287.107, for <br />category two for a period of 36 months from the date of being placed <br />on the convicted vendor list”. <br />1.6 BID DEADLINE: <br />Bids must be submitted no later than the time and date shown within <br />this document. <br />1.7 SEALED BID: <br />The entire Bid Response Package shall be placed in an opaque <br />envelope (with all items listed on the Bid checklist form and all other <br />items required within this REQUEST FOR PROPOSALS must be <br />executed) and submitted in a sealed envelope. <br />1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION: <br />All Bids shall be signed in blue ink. All price quotes shall be <br />typewritten or printed with ink. All corrections made by the Bidder <br />prior to the opening must be initialed and dated by the Bidder. No <br />changes or corrections will be allowed after Bids are opened. Bids <br />must contain an original, manual signature of an authorized <br />representative of the company. <br />1.9 WITHDRAWAL OF BIDS: <br />Bidder may withdraw Bids only by written request and shall forward <br />the withdrawal request via “Certified U.S. Mail – Return Receipt <br />Requested” prior to the Bid opening time. Negligence on the part of <br />the Bidder in preparing the Bid confers no right for the withdrawal <br />of the Bid after it has been opened. <br />1.10 BID OPENING: <br />Bids will be opened publicly at the time and place stated in the Notice <br />to Bidder. It is the responsibility of the Bidder to insure that the Bid <br />reaches the Office of the City Clerk on or before the closing hour and <br />date stated on the REQUEST FOR PROPOSALS. After the Bid <br />opening, the contents of the Bid Form will be made public for the <br />information of vendors and other interested parties who may be <br />present either in person or by representative. Bids that are received <br />after the Bid opening time will not be considered and will not be <br />returned. <br />1.11 EVALUATION OF BIDS: <br />The City, at its sole discretion, reserves the right to inspect any/all <br />Bidder facilities to determine their capability of meeting the <br />requirements for the Contract. Also, price, responsibility, and <br />responsiveness of the Bidder, the financial position, experience, <br />staffing, equipment, materials, references, and past history of <br />service to the City and/or with other units of state, and/or local <br />governments in Florida, or comparable private entities, will be taken <br />into consideration in the Award of the Contract. <br />1.11.1 Hold Harmless: All Proposer’s shall hold the City, it's <br />officials and employees harmless and covenant not to <br />sue the City, it's officials and employees in reference to <br />their decisions to reject, award, or not award a Bid, as <br />applicable. <br />1.11.2 Cancellation: Failure on the part of the Bidder to <br />comply with the conditions, specifications, <br />requirements, and terms as determined by the City, <br />shall be just cause for cancellation of the Award. <br />1.11.3 Disputes: If any dispute concerning a question of fact <br />arises under the Contract, other than termination for <br />default or convenience, the Contractor and the City <br />department responsible for the administration of the <br />Contract shall make a good faith effort to resolve the <br />dispute. If the dispute cannot be resolved by <br />agreement, then the department with the advice of the <br />City Attorney shall resolve the dispute and send a <br />written copy of its decision to the Contractor, which <br />shall be binding on both parties. <br />1.12 AGREEMENT: <br />After the Bid award, the City will, at its option, prepare an Agreement <br />specifying the terms and conditions resulting from the award of this