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<br />City of Sunny Isles Beach | Request for Proposals No. 21-03-01 4 <br /> <br />SECTION 1 <br />INSTRUCTIONS TO BIDDER (VENDOR) / GENERAL TERMS AND CONDITIONS <br /> <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 CONDITIONS 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 /> <br />1.1 CLARIFICATION/EXPLANATION/QUESTIONS: <br /> <br />Any questions concerning the RFP Specifications or any required <br />need for clarification must be made to Mauricio Betancur, CMC, City <br />Clerk via email to: MBetancur@sibfl.net or via facsimile (305) 792- <br />1563 or via regular mail at: Mauricio Betancur, CMC, City Clerk, City <br />of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, FL <br />33160. Such requests for clarification/explanation or questions must <br />be made in writing to Mauricio Betancur, CMC, City Clerk, at least <br />five (5) business days prior to the date of the Bid opening. <br />Interpretations or clarifications considered necessary by the City will <br />be issued by 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 /> <br />1.2 PLAN HOLDER’S LIST: <br /> <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 Invitation to <br />Bid, Request for Proposal, and Request for Qualifications. The <br />information is available on-line at www.demandstar.com or by calling <br />the Office of the City Clerk at (305) 792-1703. <br /> <br />1.3 ADDENDA TO SPECIFICATIONS: <br /> <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 Bidders <br />(those who have been registered as receiving a Bid package) receive <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 />Office of the City Clerk at (305) 792-1703 to verify any addenda <br />issued. The receipt of all addenda must be acknowledged on the Bid <br />Response Sheet. <br /> <br />1.4 SPECIAL ACCOMMODATIONS: <br /> <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 /> <br />1.5 PUBLIC ENTITY CRIMES STATEMENT: <br /> <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 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 Bidder, supplier, <br />sub-Contractor, or consultant under a contract with any public entity, <br />and may not transact business with any public entity in excess of the <br />threshold amount provided in section 287.107, for category two for <br />a period of 36 months from the date of being placed on the convicted <br />vendor list”. <br /> <br />1.6 BID DEADLINE: <br /> <br />Bids must be submitted no later than the time and date shown within <br />this document. <br /> <br />1.7 SEALED BID: <br /> <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 Request for Proposal must be executed) <br />and submitted in a sealed envelope. <br /> <br />1.8 BID EXECUTION, SIGNATURES, ERASURE/CORRECTION: <br /> <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 Bidders <br />prior to the opening must be initialed and dated by the Bidders. No <br />changes or corrections will be allowed after Bids are opened. Bids <br />must contain an original, manual signature of an authorized <br />representative of the company. <br /> <br />1.9 WITHDRAWAL OF BIDS: <br /> <br />Bidders may withdraw Bids only by written request and shall forward <br />the withdrawal request via “Certified U.S. Mail – Return Receipt <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 />of the Bid after it has been opened. <br /> <br />1.10 RFP OPENING: <br /> <br />RFPs will be opened publicly at the time and place stated in the <br />Notice to Bidder. It is the responsibility of the Bidders to ensure that <br />the Bid reaches the Office of the City Clerk on or before the closing <br />hour and date stated on the Request for Proposal. After the Bid <br />opening, the contents of the Bid Form will be made public for the <br />information of vendors and other interested parties who may be <br />present either in person or by representative. Bids that are received <br />after the Bid opening time will not be considered and will not be <br />returned. <br /> <br />1.11 EVALUATION OF BIDS: <br /> <br />The City, at its sole discretion, reserves the right to inspect any/all <br />Bidders facilities to determine their capability of meeting the <br />requirements for the Contract. Also, price, responsibility, and <br />responsiveness of the Bidders, 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 /> <br />1.11.1 Hold Harmless: All Bidder’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 Bidders 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