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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 BIDDERS CONTRACT TO THE CONTRARY, <br />1.1 <br />CLARIFICATION/EXPLANATION/QUESTIONS: <br />The entire Bid Response package shall be submitted electronically <br />Any questions concerning the Bid Specifications or any required need <br />via Demandstar.com no later than the time and date indicated on <br />for clarification must be addressed to Purchasing at <br />the cover page. <br />PuSdj¢gC�sibfl Ilat by the date mentioned above. Interpretations <br />or clarifications considered necessary by the City will be issued by <br />1.8 BID EXECUTION, SIGNATURES. ERASURE/CORRECTION: <br />addenda and posted/disseminated by DemandStar <br />(www.demandstar.com) to all parties listed on the official plan <br />The entire Bid Response package shall be submitted electronically <br />holders' list as having received the Bid documents. Only questions <br />via Demandstar.com no later than the time and date indicated on <br />answered by written addenda shall be binding. Oral Interpretations <br />the cover page. <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 />1.9 WITHDRAWAL OF BIDS: <br />Bidder from submitting their Bid on the required date and time as <br />publicly noted. <br />Bidders may withdraw Bids only by written request and shall forward <br />the withdrawal request via "Certified U.S. Mail — Return Receipt <br />1.2 <br />PLAN HOLDER'S LIST: <br />Requested" prior to the Bid opening time. Negligence on the part of <br />the Bidders in preparing the Bid confers no right for the withdrawal <br />As a convenience toffidders, the City of Sunny Isles Beach has made <br />of the Bid after it has been opened. <br />available via internet lists of all plan holders for each REQUEST FOR <br />PROPOSALS, INVITATION TO BID, and request for qualifications. <br />1.10 BID OPENING: <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 />Bids will be opened publicly at the time and place stated in the Notice <br />to Bidder. It is the responsibility of the bidders to insure that the <br />1.3 <br />ADDENDA TO SPECIFICATIONS: <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 />If any addenda are issued after the initial specifications are released, <br />the contents of the Bid Form will be made pubic for the information <br />the City will post and disseminate the addenda through DemandStar. <br />of vendors and other interested parties who may be present either <br />For those projects with separate plans, blue prints, or other materials <br />in person or by representative. Bids that are received after the Bid <br />that cannot be accessed through the internet, the Office of the City <br />opening time will not be considered and will riot be returned. <br />Clerk will make good faith effort to ensure that all registered bidders <br />(those who have been registered as receiving a Bid package) receive <br />1.11 EVALUATION OF BIDS: <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 />The City, at its sole discretion, reserves the right to inspect any/all <br />Office of the City Clerk at (305) 792-1703 to verify any addenda <br />Bidders' facilities to determine their capability of meeting the <br />issued. The receipt of all addenda must be acknowledged on the Bid <br />requirements for the Contract Also, price, responsibility, and <br />Response Sheet. <br />responsiveness of theSidders, the financial position, experience, <br />staffing, equipment, materials, references, and past history of <br />1.4 <br />SPECIAL ACCOMMODATIONS: <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 />Any person requiring a special accommodation at a Pre -Bid <br />into consideration in the Award of the Contract. <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 least five (5) <br />1.11.1 Hold Harmless: All Bidders shall hold the City, it's <br />days prior to the Pre -Bid Conference or Bid/RFP/RFQ opening. If you <br />officials and employees harmless and covenant not to <br />are hearing or speech impaired, please contact the Office of the City <br />sue the City, its officials and employees in reference to <br />Clerk by calling the City of Sunny Isles Beach using the Florida Relay <br />their decisions to reject, award, or not award a Bid, as <br />Service which can be reached at 1(800) 955-8771 (TDD). <br />applicable. <br />1.11.2 Cancellation: Failure on the part of the Bidders to <br />1.5 <br />PUBLIC ENTITY CRIMES STATEMENT: <br />comply with the conditions, specifications, <br />requirements, and terms as determined by the City, <br />Pursuant to the provisions of paragraph (2) (a) of section 287.133, <br />shall be just cause for cancellation of the Award. <br />Florida statutes "a person or affiliate who has been placed on the <br />1.11.3 Disputes: If any dispute concerning a question of fact <br />convicted vendor list following a conviction for a public entity crime <br />arises under the Contract, other than termination for <br />may not submit a Bid on a contract to provide any goods or services <br />default or convenience, the Contractor and the City <br />to a public entity, may not submit a Bid on a contract with a public <br />department responsible for the administration of the <br />entity for the construction or repair of a public building or public <br />Contract shall make a good faith effort to resolve the <br />work, may not subirdt Bids on leases of real property to a pubic <br />dispute. If the dispute cannot be resolved by <br />entity, may not be awarded to perform work as a Contractor, <br />agreement, then the department with the advice of the <br />supplier, sub -Contractor, or consultant under a contract with any <br />City Attorney shall resolve the dispute and send a <br />public entity, and may not transact business with any public entity in <br />written copy of its decision to the Contractor, which <br />excess of the threshold amount provided in section 287.107, for <br />shall bre binding on both parties. <br />category two for a period of 36 months from the date of being placed <br />on the convicted vendor list". <br />1.12 AGREEMENT: <br />1.6 BID DEADLINE: 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 />Bids must be submitted ro later than the time and date shown within Bid. The Contractor will have ten (10) calendar days after notification <br />this document. of the award by the City to execute the Agreement and provide the <br />required Performance Bond. The performance of the City of Sunny <br />1.7 ELECTRONIC BID: Isles Beach of any of its obligations under the agreement shall be <br />