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<br />City of Sunny Isles Beach | ITB 24-06-02 Citywide Landscape Maintenance Services 5 <br /> <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 />1.10 PREPARATION OF BID: <br />The Bid Form contains multiple line items and the Bidder <br />must provide prices for all line items and must provide for <br />the total Bid amount. Failure to include pricing on all line <br />items as well as the total Bid Amount will result in the Bid <br />being found non-responsive. <br /> <br />Bidder must use the blank forms provided herein. The Bid <br />must be signed and acknowledged by the Bidder in <br />accordance with the directions on the ITB. Failure to utilize <br />the City’s forms, or fully complete the required forms may <br />result in determination that the Bid is non-responsive. <br /> <br />A Bid will be considered non-responsive if it is conditioned <br />on modifications, changes, or revisions to the terms and <br />conditions of the ITB. <br /> <br />The Bid prices are to include the furnishing of all labor, <br />materials, equipment, all overhead/indirect expenses and <br />profit, necessary for the completion of the Work, except as <br />may be otherwise expressly provided in the Contract <br />Documents. <br /> <br />Joint venture firms or teaming agreements will not be <br />considered for award under this ITB. <br /> <br />1.11 BID PREPARATION COSTS AND RELATED COSTS: <br /> <br />All cost involved with the preparation and submission of a <br />Bid to the City or any work performed in connection <br />therewith is the sole responsibility of the Bidder(s). No <br />payment will be made for any Bid received, or for any other <br />effort required of or made by the Bidder prior to <br />commencement of Work as defined by any contract duly <br />approved by the City Commission or City Manager. The <br />City will bear no responsibility for any cost associated with <br />any judicial proceedings resulting from the ITB process. <br /> <br /> <br />1.12 QUALIFICATION OF BIDDERS: <br /> <br />Bidder, by virtue of submitting its Bid, certifies that it is <br />qualified and capable of performing the Work required <br />under the Contract. To qualify for award, Bidder must <br />meet the minimum qualification requirements stated in <br />Section 1. Bidders must submit a completed Questionnaire <br />Form utilizing the form included in Section 7 of the ITB. <br />Failure to complete and submit this form or to meet the <br />minimum qualifications will result in the Bid being deemed <br />non-responsive. The City may at its sole discretion allow a <br />Bidder to amend an incomplete Questionnaire during the <br />evaluation process provided that the Bidder has included <br />the Questionnaire in its Bid. <br /> <br />1.13 EXAMINATION OF SOLICITATION DOCUMENTS <br />AND SITE: <br /> <br />It is the responsibility of each Bidder, before submitting a <br />Bid, to: <br /> <br />1.13.1 Examine the solicitation thoroughly. <br />1.13.2 Visit the site or structure, as applicable, to <br />become familiar with conditions that may affect <br />costs, progress, performance or furnishing of <br />the Work. <br />1.13.3 Take into account federal, state, and local (City <br />and Miami-Dade County) laws, regulations, <br />permits, and ordinances that may affect costs, <br />progress, performance, furnishing of the Work, <br />or award. <br />1.13.4 Study and carefully correlate Bidder’s <br />observations with the solicitation. <br />1.13.5 Notify the City Clerk of all conflicts, errors or <br />discrepancies in the solicitation of which Bidder <br />knows or reasonably should have known. <br />1.13.6 The submission of a Bid shall constitute an <br />incontrovertible representation by Bidder that <br />Bidder has complied with the above <br />requirements and that without exception, the <br />Bid is premised upon performing and furnishing <br />the Work required by the solicitation and that <br />the solicitation documents are sufficient in <br />scope and detail to indicate and convey <br />understanding of all terms and conditions for <br />performance and furnishing of the Work. <br /> <br />1.14 WITHDRAWAL OF BIDS: <br /> <br />Bidders may withdraw Bids only by written request and <br />shall forward the withdrawal request via “Certified U.S. Mail <br />– Return Receipt Requested” prior to the Bid opening time. <br />Negligence on the part of the Bidders in preparing the Bid <br />confers no right for the withdrawal of the Bid after it has <br />been opened. <br /> <br />1.15 BID OPENING: <br /> <br />Bids will be opened publicly at the time and place stated in <br />the Notice to Bidder. It is the responsibility of the bidders <br />to insure that the Bid reaches the Office of the City Clerk <br />on or before the closing hour and date stated on the <br />Invitation to Bid. After the Bid opening, the contents of <br />the Bid Form will be made public for the information of <br />Bidders and other interested parties who may be present <br />either in person or by representative. Bids that are <br />received after the Bid opening time will not be considered <br />and will not be returned. <br /> <br />1.16 EVALUATION OF BIDS: <br /> <br />The City, at its sole discretion, reserves the right to inspect <br />any/all Bidders facilities to determine their capability of <br />meeting the requirements for the Contract. Also, price, <br />responsibility, and responsiveness of the Bidders, the <br />financial position, experience, staffing, equipment, <br />materials, references, and past history of service to the City <br />and/or with other units of state, and/or local governments <br />in Florida, or comparable private entities, will be taken into <br />consideration in the Award of the Contract. <br /> <br />1.16.1 Hold Harmless: All Bidder’s shall hold the City, <br />its officials and employees harmless and <br />covenant not to sue the City, it's officials and <br />employees in reference to their decisions to <br />reject, award, or not award a Bid, as <br />applicable. <br />1.16.2 Cancellation: Failure on the part of the Bidders <br />to comply with the conditions, specifications, <br />requirements, and terms as determined by the <br />City, shall be just cause for cancellation of the <br />Award. <br />1.16.3 Disputes: If any dispute concerning a question <br />of fact arises under the Contract, other than <br />termination for default or convenience, the <br />Contractor and the City department <br />responsible for the administration of the <br />Contract shall make a good faith effort to <br />resolve the dispute. If the dispute cannot be <br />resolved by agreement, then the department <br />with the advice of the City Attorney shall <br />resolve the dispute and send a written copy of <br />its decision to the Contractor, which shall be <br />binding on both parties. <br /> <br />1.17 COLLUSION: <br /> <br />Where two (2) or more related parties each submit a bid <br />or bids for any contract, such bids or bids shall be <br />presumed to be collusive. The foregoing presumption may <br />be rebutted by presentation of evidence as to the extent