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<br />CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />SECTION 1
<br />INSTRUCTIONS TO BIDDER / 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 AND CITY OF NORTH MIAMI BEACH
<br />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
<br />BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITI0NS SHALL HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS
<br />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
<br />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 addressed to Purchasing at Purchasing@sibfl.net by
<br />the date mentioned above. Interpretations or clarifications considered
<br />necessary by the City will be issued by addenda and posted/disseminated
<br />by 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 Bidder 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 Bid, and request for qualifications. The information is available
<br />on-line at www.demandstar.com or by calling the Office of the City Clerk
<br />at (305) 792-1703.
<br />
<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 Bidders (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.
<br />
<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”.
<br />
<br />1.6 BID DEADLINE:
<br />
<br />Bids must be submitted no later than the time and date shown within this
<br />document.
<br />
<br />1.7 SEALED BID:
<br />
<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 Bid must be executed) and submitted in a sealed
<br />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 typewritten or
<br />printed with ink. All corrections made by the Bidders prior to the opening
<br />must be initialed and dated by the Bidders. No changes or corrections will
<br />be allowed after Bids are opened. Bids must contain an original, manual
<br />signature of an authorized representative of the company.
<br />
<br />1.9 WITHDRAWAL OF BIDS:
<br />
<br />Bidders may withdraw Bids only by written request and shall forward the
<br />withdrawal request via “Certified U.S. Mail – Return Receipt Requested”
<br />prior to the Bid opening time. Negligence on the part of the Bidders in
<br />preparing the Bid confers no right for the withdrawal of the Bid after it has
<br />been opened.
<br />
<br />1.10 BID OPENING:
<br />
<br />Bids will be opened publicly at the time and place stated in the Notice to
<br />Bidder. It is the responsibility of the Bidders to insure that the Bid reaches
<br />the Office of the City Clerk on or before the closing hour and date stated
<br />on the Request for Bid. After the Bid opening, the contents of the Bid Form
<br />will be made public for the information of vendors and other interested
<br />parties who may be present either in person or by representative. Bids
<br />that are received after the Bid opening time will not be considered and will
<br />not be returned.
<br />
<br />1.11 EVALUATION OF BIDS:
<br />
<br />The City, at its sole discretion, reserves the right to inspect any/all Bidders
<br />facilities to determine their capability of meeting the requirements for the
<br />Contract. Also, price, responsibility, and responsiveness of the Bidders, the
<br />financial position, experience, staffing, equipment, materials, references,
<br />and past history of service to the City and/or with other units of state,
<br />and/or local governments in Florida, or comparable private entities, will be
<br />taken into consideration in the Award of the Contract.
<br />
<br />1.11.1 Hold Harmless: All Bidders shall hold the City, it's officials
<br />and employees harmless and covenant not to sue the City,
<br />it's officials and employees in reference to their decisions to
<br />reject, award, or not award a Bid, as applicable.
<br />1.11.2 Cancellation: Failure on the part of the Bidders 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
<br />resolve the dispute and send a written copy of its decision
<br />to the Contractor, which shall be binding on both parties.
<br />
<br />1.12 AGREEMENT:
<br />
<br />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 Bid.
<br />The vendor will have ten (10) calendar days after notification of the award
<br />by the City to execute the Agreement and provide the required
<br />Performance Bond.
<br />
<br />The Bidders who has the Contract awarded to them and who fails to
<br />execute the Agreement and furnish the Performance Bond and Insurance
<br />Certificates within the specified time shall forfeit the Bid Security that
<br />accompanied their Bid, and the Bid Security shall be retained as liquidated
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