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SECTION 1 INSTRUCTIONS TO BIDDER 1 GENERAL TERMS AND CONDITIONS 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, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. 1.1 CLARIFICATION /EXPLANA T10N / OUESTlONS: Any questions concerning the Bid Specifications or any required need for clarification must be made to Jane A. Hines, CMC, City Clerk via emailto: JHines(olsibfl.net or via facsimile (305) 792-1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach. FL 33160. Such requests for clarification/explanation or questions must be made in writing to Jane A. Hines, CMC. City Clerk; at least five (5) business days prior to the date of the Bid opening. Interpretations or clarifications considered necessary by the City will be issued by addenda and posted/disseminated by DemandStar (www.demandstar.com) to all parties listed on the official plan holders' list as having received the Bid documents. Only questions answered by written addenda shall be binding. Oral interpretations or clarifications shall be w~houtlegal effect. No plea of ignorance or delay or required need of additional information shall exempt a Proposers from submitting their Bid on the required date and time as publicly noted. 1.2 PLAN HOLOER'S LIST: 1.3 As a convenience to vendors, the City of Sunny Isles Beach has made available via internet lists of all plan holders for each Request for Proposal, Request for Proposal, and Statement of Qualifications / Proposal. The information is available on-line at www.demandstar.com or by calling the Office of the City Clerk at (305) 792-1703. ADDENDA TO SPECIFICATIONS: If any addenda are issued after the in~ial specifications are released, the City will post and disseminate the addenda through Demand5tar. For those projects with separate plans. blue prints. or other materials that cannot be accessed through the internet, the Office of the City Clerk will make good fa~h effort to ensure that all registered proposers (those who have been registered as receiving a Bid package) receive the documents. It is the responsibility of the vendor prior to the submission of any Bid to check the above website or contact the Office of the City Clerk at (305) 792-1703 to verify any addenda issued. The receipt of all addenda must be acknowledged on the Bid Response Sheet. 1.4 SPECIAL ACCOMMODATIONS: Any person requiring a special accommodation at a Pre-Bid Conference or Bid/RFP/RFQ opening because of a disability should call the Office of the City Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-Bid Conference or Bid/RFP/RFQ opening. If you are hearing or speech impaired, please contact the Office of the City Clerk by calling the City of Sunny Isles Beach using the Florida Relay Service which can be reached at 1(800) 955-8771 (TDD). 1.5 PUBLIC ENTITY CRIMES STATEMENT: Pursuant to the provisions of paragraph (2) (a) of section 2B7.133, Florida statutes -"a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime ~ submit a Bid on a contract to provide any goods or services to a public entity. may not submit a Bid on a contract w~h a public entity for the construction or repair of a publiC building or publiC work, may not submit Bids on leases of real property to a publiC entity, may not be awarded to perform work as a Contractor. supplier, sub-Contractor, or consultant under a contract with any publiC entity. and may not transact business with any publiC entity in excess of the threshoid amount provided in section 287.107. for category two for a period of 36 months from the date of being placed on the convicted vendor list". 1.6 BID DEADLINE: Bids must be submitted no later than the time and date shown w~hin this document. 1.7 SEALED BID: The entire Bid Response Package shall be placed in an opaque envelope (w~h all items listed on the Bid checklist form and all other items required within this Request for Proposal must be executed) and submitted in a sealed envelope. 1.B BID EXECUTION. SIGNATURES. ERASURE/CORRECTION: All Bids shall be signed in blue ink. All price quotes shall be typewritten or printed with ink. All corrections made by the proposers prior to the opening must be in~ialed and dated by the proposers. No changes or corrections will be allowed after Bids are opened. Bids must contain an original, manual signature of an authorized representative of the company. 1.9 WITHDRAWAL OF BIDS: Proposers may withdraw Bids only by written request and shall forward the w~hdrawal request via "Certified U.s. Mail - Return Receipt Requested" prior to the Bid opening time. Negligence on the part of the Proposers in preparing the Bid confers no right for the withdrawal of the Bid after it has been opened. 1.10 BID OPENING: Bids will be opened publicly at the time and place stated in the Notice to Bidder. It is the responsibility of the proposers to insure that the Bid reaches the Office of the City Clerk on or before the closing hour and date stated on the Request for Proposal. After the Bid opening, the contents of the Bid Form will be made public for the information of vendors and other interested parties who may be present either in person or by representative. Bids that are received after the Bid opening time will not be considered and will not be returned. 1.11 EVALUATION OF BIDS: The City, at ~s sole discretion, reserves the right to inspect any/all Proposers facil~ies to determine their capability of meeting the requirements for the Contract. Also. price, responsibility. and responsiveness of the Proposers, the financial position, experience, staffing, equipment, materials, references, and past history of service to the City and/or w~h other units of state, and/or local governments in Florida, or comparable private entities, will be taken into consideration in the Award of the Contract. 1.11.1 Hold Harmless: All Proposer's shall hold the City. ~'s officials and employees harmless and covenant not to sue the City, ~'s officials and employees in reference to their decisions to reject, award, or not award a Bid, as applicable. City of Sunny Isles Beach I Statement of Qualifications / Proposal No. 12-01-03