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<br />CITY OF SUNNY ISLES BEACH |INVITATION TO BID NO. 19-07-03 4
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<br />SECTION 1
<br />INSTRUCTIONS TO BIDDER / GENERAL TERMS AND CONDITIONS
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<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
<br />DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN SPECIAL INSTRUCTIONS TO
<br />BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIO0NS SHALL HAVE PRECEDENCE. BIDDER AGREES
<br />THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE
<br />BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY.
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<br />1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
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<br />Any questions concerning this Request for Proposals or any
<br />required need for clarification must be made to Mauricio Betancur,
<br />CMC, City Clerk via email to: MBetancur@sibfl.net or via facsimile
<br />(305) 792-1563 or via regular mail at: Mauricio Betancur, CMC,
<br />City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, Sunny
<br />Isles Beach, FL 33160. Such requests for clarification/explanation or
<br />questions must be made in writing to Mauricio Betancur, CMC,
<br />Deputy City Clerk, at least five (5) business days prior to the date
<br />of the Proposal opening. Interpretations or clarifications considered
<br />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 />Request for Qualification documents. Only questions answered by
<br />written addenda shall be binding. Oral interpretations or
<br />clarifications shall be without legal effect. No plea of ignorance or
<br />delay or required need of additional information shall exempt a
<br />Respondent from submitting their submission on the required date
<br />and time as publicly noted.
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<br />1.2 PLAN HOLDER’S LIST:
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<br />As a convenience to vendors, the City of Sunny Isles Beach has
<br />made available via internet lists of all plan holders for each Request
<br />for Proposal, Request for Proposal, 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.
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<br />1.3 ADDENDA TO SPECIFICATIONS:
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<br />If any addenda are issued after the initial specifications are
<br />released, the City will post and disseminate the addenda through
<br />DemandStar. For those projects with separate plans, blue prints,
<br />or other materials that cannot be accessed through the internet,
<br />the Office of the City Clerk will make good faith effort to ensure
<br />that all registered proposers (those who have been registered as
<br />receiving a Bid package) receive the documents. It is the
<br />responsibility of the vendor prior to the submission of any Bid to
<br />check the above website or contact the Office of the City Clerk at
<br />(305) 792-1703 to verify any addenda issued. The receipt of all
<br />addenda must be acknowledged on the Bid Response Sheet.
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<br />1.4 SPECIAL ACCOMMODATIONS:
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<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
<br />you are hearing or speech impaired, please contact the Office of
<br />the City Clerk by calling the City of Sunny Isles Beach using the
<br />Florida Relay Service which can be reached at 1(800) 955-8771
<br />(TDD).
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<br />1.5 PUBLIC ENTITY CRIMES STATEMENT:
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<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
<br />services to a public entity, may not submit a Bid on a contract with
<br />a public entity for the construction or repair of a public building or
<br />public work, may not submit Bids on leases of real property to a
<br />public 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
<br />in 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
<br />placed on the convicted vendor list”.
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<br />1.6 BID DEADLINE:
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<br />Bids must be submitted no later than the time and date shown
<br />within this document.
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<br />1.7 SEALED BID:
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<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
<br />other items required within this Request for Proposal must be
<br />executed) and submitted in a sealed envelope.
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<br />1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION:
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<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.
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<br />1.9 WITHDRAWAL OF BIDS:
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<br />Proposers may withdraw Bids only by written request and shall
<br />forward the withdrawal request via “Certified U.S. Mail – Return
<br />Receipt Requested” prior to the Bid opening time. Negligence on
<br />the part of the Proposers in preparing the Bid confers no right for
<br />the withdrawal of the Bid after it has been opened.
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<br />1.10 BID OPENING:
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<br />Bids will be opened publicly at the time and place stated in the
<br />Notice to Bidder. It is the responsibility of the proposers to insure
<br />that the Bid reaches the Office of the City Clerk on or before the
<br />closing hour and date stated on the Request for Proposal. After the
<br />Bid opening, the contents of the Bid Form will be made public for
<br />the information of vendors and other interested parties who may
<br />be present either in person or by representative. Bids that are
<br />received after the Bid opening time will not be considered and will
<br />not be returned.
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<br />1.11 EVALUATION OF BIDS:
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<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
<br />taken into consideration in the Award of the Contract.
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<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
<br />to their decisions to reject, award, or not award a Bid,
<br />as 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
<br />the 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.
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<br />1.12 AGREEMENT:
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<br />After the Bid award, the City will, at its option, prepare an
<br />Agreement specifying the terms and conditions resulting from the
<br />award of this Bid. The vendor will have ten (10) calendar days after
<br />notification of the award by the City to execute the Agreement and
<br />provide the required Performance Bond.
<br />The Proposers who has the Contract awarded to them and who
<br />fails to execute the Agreement and furnish the Performance Bond
<br />and Insurance Certificates within the specified time shall forfeit the
<br />Bid Security that accompanied their Bid, and the Bid Security shall
<br />be retained as liquidated damages by the City, and it is agreed that
<br />this sum is a fair estimate of the amount of damages the City will
<br />sustain in case the Proposers fails to enter into the Contract and
<br />furnish the Bonds as herein before provided. Bid Security deposited
<br />in the form of a cashier’s check drawn on a local bank in good
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