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<br />City of Sunny Isles Beach |Request for Proposal No. 16-04-03 4
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<br />SECTION 1
<br />INSTRUCTIONS TO PROPOSER / GENERAL TERMS AND CONDITIONS
<br />
<br />THESE INSTRUCTIONS ARE STANDARD FOR ALL PROPOSALS COMMODITIES/SERVICES ISSUED BY THE CITY OF SUNNY ISLES BEACH. THE CITY OF SUNNY
<br />ISLES BEACH MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE
<br />IN SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. ANY AND ALL SPECIAL CONDITIONS THAT MAY VARY FROM THE GENERAL CONDITIONS SHALL
<br />HAVE PRECEDENCE. BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS BID OR RFP SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN
<br />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 proposal Specifications or any
<br />required need for clarification must be made to Jane A. Hines, CMC,
<br />City Clerk via email to: JHines@sibfl.net or via facsimile (305) 792-
<br />1563 or via regular mail at: Jane A. Hines, CMC, City Clerk, City of
<br />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 Jane A. Hines, CMC, City Clerk, at least five
<br />(5) business days prior to the date of the Bid opening. Interpretations
<br />or clarifications considered necessary by the City will be issued by
<br />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 or
<br />delay or required need of additional information shall exempt a
<br />Proposers from submitting their Bid on the required date and time as
<br />publicly noted.
<br />
<br />1.2 PLAN HOLDER’S LIST:
<br />
<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.
<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
<br />proposers (those who have been registered as receiving a Bid
<br />package) receive the documents. It is the responsibility of the vendor
<br />prior to the submission of any Bid to check the above website or
<br />contact the Office of the City Clerk at (305) 792-1703 to verify any
<br />addenda issued. The receipt of all addenda must be acknowledged
<br />on the Bid 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
<br />you are hearing or speech impaired, please contact the Office of the
<br />City Clerk by calling the City of Sunny Isles Beach using the Florida
<br />Relay 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 work,
<br />may not submit Bids on leases of real property to a public entity, may
<br />not be awarded to perform work as a Contractor, supplier, sub-
<br />Contractor, or consultant under a contract with any public entity, and
<br />may not transact business with any public entity in excess of the
<br />threshold amount provided in section 287.107, for category two for a
<br />period of 36 months from the date of being placed on the convicted
<br />vendor list”.
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<br />1.6 PROPOSAL DEADLINE:
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<br />Proposals must be submitted no later than the time and date shown
<br />within this document.
<br />
<br />1.7 SEALED PROPOSALS:
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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 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:
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<br />All Proposals shall be signed in blue ink. All price quotes shall be
<br />typewritten or printed with ink. All corrections made by the proposers
<br />prior to the opening must be initialed and dated by the proposers.
<br />No changes or corrections will be allowed after Bids are opened.
<br />Bids must contain an original, manual signature of an authorized
<br />representative of the company.
<br />
<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 the
<br />part of the Proposers in preparing the Bid confers no right for the
<br />withdrawal of the Bid after it has been opened.
<br />
<br />1.10 BID OPENING:
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<br />Bids will be opened publicly at the time and place stated in the Notice
<br />to Bidder. It is the responsibility of the proposers to insure that the
<br />Bid reaches the Office of the City Clerk on or before the closing hour
<br />and date stated on the Request for Proposal. After the Bid opening,
<br />the contents of the Bid Form will be made public for the information
<br />of vendors and other interested parties who may be present either in
<br />person or by representative. Bids that are received after the Bid
<br />opening time will not be considered and will not be returned.
<br />
<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 service
<br />to the City and/or with other units of state, and/or local governments
<br />in Florida, or comparable private entities, will be taken into
<br />consideration in the Award of the Contract.
<br />
<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 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 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 the
<br />City Attorney shall resolve the dispute and send a
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