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<br />City of Sunny Isles Beach |Request for Proposal No. 22-02-01 4
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<br />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, SUPERSEDE OR MODIFY
<br />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
<br />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
<br />ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER’S CONTRACT TO THE CONTRARY.
<br />
<br />1.1 CLARIFICATION/EXPLANATION/QUESTIONS:
<br />
<br />Any questions concerning the Bid Specifications or any required need for
<br />clarification must be made to Mauricio Betancur, CMC, City Clerk via email
<br />to: MBetancur@sibfl.net or via facsimile (305) 792-1563 or via regular mail
<br />at: Mauricio Betancur, CMC, City Clerk, City of Sunny Isles Beach, 18070
<br />Collins Avenue, Sunny Isles Beach, FL 33160. Such requests for
<br />clarification/explanation or questions must be made in writing to Mauricio
<br />Betancur, CMC, City Clerk, at least five (5) business days prior to the date
<br />of the Bid opening. Interpretations or clarifications considered necessary
<br />by the City will be issued by addenda and posted/disseminated by
<br />DemandStar (www.demandstar.com) to all parties listed on the official
<br />plan holders’ list as having received the Bid documents. Only questions
<br />answered by written addenda shall be binding. Oral interpretations or
<br />clarifications shall be without legal effect. No plea of ignorance or delay or
<br />required need of additional information shall exempt a Proposers from
<br />submitting their Bid on the required date and time 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 Request for Proposal,
<br />Request for Proposal, and request for qualifications. The information is
<br />available on-line at www.demandstar.com or by calling the Office of the
<br />City Clerk at (305) 792-1703.
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<br />1.3 ADDENDA TO SPECIFICATIONS:
<br />
<br />If any addenda are issued after the initial specifications are released, the
<br />City will post and disseminate the addenda through DemandStar. For
<br />those projects with separate plans, blue prints, or other materials that
<br />cannot be accessed through the internet, the Office of the City Clerk will
<br />make good faith effort to ensure that all registered proposers (those who
<br />have been registered as receiving a Bid package) receive the documents.
<br />It is the 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 (305)
<br />792-1703 to verify any addenda issued. The receipt of all addenda must
<br />be acknowledged on the Bid Response Sheet.
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<br />1.4 SPECIAL ACCOMMODATIONS:
<br />
<br />Any person requiring a special accommodation at a Pre-Bid Conference or
<br />Bid/RFP/RFQ opening because of a disability should call the Office of the
<br />City Clerk at (305) 792-1703 at lease five (5) days prior to the Pre-Bid
<br />Conference or Bid/RFP/RFQ opening. If you are hearing or speech
<br />impaired, please contact the Office of the City Clerk by calling the City of
<br />Sunny Isles Beach using the Florida Relay Service which can be reached at
<br />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, Florida
<br />statutes -"a person or affiliate who has been placed on the convicted
<br />vendor list following a conviction for a public entity crime may not submit
<br />a Bid on a contract to provide any goods or services to a public entity, may
<br />not submit a Bid on a contract with a public entity for the construction or
<br />repair of a public building or public work, may not submit Bids on leases of
<br />real property to a public entity, may not be awarded to perform work as a
<br />Contractor, supplier, sub-Contractor, or consultant under a contract with
<br />any public entity, and may not transact business with any public entity in
<br />excess of the threshold amount provided in section 287.107, for category
<br />two for a period of 36 months from the date of being placed on the
<br />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 within this
<br />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 envelope
<br />(with all items listed on the Bid checklist form and all other items required
<br />within this Request for Proposal must be executed) and submitted in a
<br />sealed envelope.
<br />
<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 typewritten or
<br />printed with ink. All corrections made by the proposers prior to the
<br />opening must be initialed and dated by the proposers. No changes or
<br />corrections will be allowed after Bids are opened. Bids must contain an
<br />original, manual signature of an authorized representative of the
<br />company.
<br />
<br />1.9 WITHDRAWAL OF BIDS:
<br />
<br />Proposers 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 the
<br />Proposers in preparing the Bid confers no right for the withdrawal of the
<br />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 Notice to
<br />Bidder. It is the responsibility of the proposers to insure that the Bid
<br />reaches the Office of the City Clerk on or before the closing hour and date
<br />stated on the Request for Proposal. After the Bid opening, the contents of
<br />the Bid Form will be made public for the information of vendors and other
<br />interested parties who may be present either in person or by
<br />representative. Bids that are received after the Bid opening time will not
<br />be considered and will not be returned.
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<br />1.11 EVALUATION OF BIDS:
<br />
<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 service to
<br />the City and/or with other units of state, and/or local governments in
<br />Florida, or comparable private entities, will be taken into consideration in
<br />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 sue
<br />the City, it's officials and employees in reference to their
<br />decisions to reject, award, or not award a Bid, as applicable.
<br />1.11.2 Cancellation: Failure on the part of the Proposers to comply
<br />with the conditions, specifications, requirements, and
<br />terms as determined by the City, shall be just cause for
<br />cancellation of the Award.
<br />1.11.3 Disputes: If any dispute concerning a question of fact arises
<br />under the Contract, other than termination for default or
<br />convenience, the Contractor and the City department
<br />responsible for the administration of the Contract shall
<br />make a good faith effort to resolve the dispute. If the
<br />dispute cannot be resolved by agreement, then the
<br />department with the advice of the City Attorney shall
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