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r` 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 CONDITIOONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE
<br />PROVISIONS INCLUDED WITHIN THIS BID OR RFP 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/ OUESTIONS:
<br />Any questions concerning the Bid Specifications or any required need
<br />for clarification must be addressed to Purchasing at
<br />PurchasingCoisibfl.net by the date mentioned above. Interpretations
<br />or clarifications considered necessary by the City will be issued by
<br />addenda and posted/disseminated by DemandStar
<br />(www.demandstar.com) to all parties listed on the official plan
<br />holders' list as having received the Bid documents. Only questions
<br />answered by written addenda shall be binding. Oral interpretations
<br />or clarifications shall be without legal effect. No plea of ignorance
<br />or delay or required need of additional information shall exempt a
<br />Proposers from submitting their Bid on the required date and time
<br />as publicly noted.
<br />1.2 PLAN HOLDER'S LIST:
<br />1.3
<br />1.4
<br />1.5
<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, INVITATION TO BID, and request for qualifications.
<br />The information is available on-line at www.demandstar.com or by
<br />calling the Office of the City Clerk at (305) 792-1703.
<br />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
<br />proposers (those who have been registered as receiving a Bid
<br />package) receive the documents. It is the responsibility of the
<br />vendor prior to the submission of any Bid to check the above website
<br />or contact the Office of the City Clerk at (305) 792-1703 to verify any
<br />addenda issued. The receipt of all addenda must be acknowledged
<br />on the Bid Response Sheet.
<br />Any person requiring a special accommodation at a Pre -Bid
<br />Conference or Bid/RFP/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/RFP/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 />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 goads 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 />1.7
<br />Bids must be submitted no later than the time and date shown within
<br />this document.
<br />SEALED BID:
<br />1.8
<br />1.9
<br />1.10
<br />1.12
<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 INVITATION TO BID must be executed)
<br />and submitted in a sealed envelope.
<br />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
<br />proposers prior to the opening must be initialed and dated by the
<br />proposers. No changes or corrections will be allowed after Bids are
<br />opened. Bids must contain an original, manual signature of an
<br />authorized representative of the company.
<br />WITHDRAWAL OF BIDS:
<br />Proposers may withdraw Bids only by written request and shall
<br />forward the withdrawal request via "Certifled U.S. Mail — Return
<br />Receipt Requested" prior to the Bid opening time. Negligence on the
<br />part of the Proposers in preparing the Bid confers no right for the
<br />withdrawal of the Bid after it has been opened.
<br />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 proposers to insure that the
<br />Bid reaches the Office of the City Clerk on or before the closing hour
<br />and date stated on the INVITATION TO BID. After the Bid opening,
<br />the contents of the Bid Form will be made public for the information
<br />of vendors and other interested parties who may be present either
<br />in person or by representative. Bids that are received after the Bid
<br />opening time will not be considered and will not be returned.
<br />EVALUATION OF BIDS:
<br />The City, at its sole discretion, reserves the right to inspect any/all
<br />Proposers facilities to determine their capability of meeting the
<br />requirements for the Contract. Also, price, responsibility, and
<br />responsiveness of the Proposers, 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 Proposers 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 />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
<br />Bid. The vendor will have ten (10) calendar days after notification of
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