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<br />|REQUEST FOR PROPOSAL NO. 19-07-02 6
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<br />include current Miami-Dade County Certificates of Competency.
<br />These documents shall be furnished to the City along with the
<br />Proposal response. Failure to furnish these documents or to have
<br />required licensor will be grounds for rejecting the Proposal.
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<br />1.24 CERTIFICATE(S) OF INSURANCE:
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<br />Proposers shall furnish to the Office of the City Clerk, City of Sunny
<br />Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida
<br />33160, certificate(s) of insurance which indicate that insurance
<br />coverage has been obtained from an insurance company authorized
<br />to do business in the State of Florida or otherwise secured in a
<br />manner satisfactory to the City, for those coverage types and
<br />amounts listed in this document, in an amount equal to 100% of
<br />the requirements and shall be presented to the City prior to
<br />issuance of any Contract(s) or Award(s) Document(s). The City of
<br />Sunny Isles Beach shall be named as "additional insured" with
<br />respect to this coverage. The required certificates of insurance
<br />shall not only name the types of policies provided, but shall also
<br />refer specifically to this Proposal and section. At the time of
<br />Proposal submission the Proposers must submit certificates of
<br />insurance as outlined in the General Conditions section. All
<br />required insurances shall name the City of Sunny Isles Beach as
<br />additional insured and such insurance shall be issued by companies
<br />authorized to issue insurance in the State of Florida. It shall be the
<br />responsibility of the Proposers and insurer to notify the City
<br />Manager of the City of Sunny Isles Beach of cancellation, lapse, or
<br />material modification of any insurance policies insuring the
<br />Proposers, which relate to the activities of such vendor and the City
<br />of Sunny Isles Beach. Such notification shall be in writing, and
<br />shall be submitted to the City finance support service director thirty
<br />(30) days prior to cancellation of such policies. This requirement
<br />shall be reflected on the certificate of insurance. Failure to fully
<br />and satisfactorily comply with the city's insurance and bonding
<br />requirements set forth herein will authorize the City Manager to
<br />implement a rescission of the Proposal award without further City
<br />Commission action. The Proposers hereby holds the City harmless
<br />and agrees to indemnify City and covenants not to sue the City by
<br />virtue of such rescission.
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<br />1.25 ASSIGNMENT:
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<br />The Contractor shall not transfer or assign the performance
<br />required by this Proposal without prior written consent of the City
<br />Manager. Any award issued pursuant to the Request for Proposal
<br />and monies which may be due hereunder are not assignable except
<br />with prior written approval of the City Manager. Further, in the
<br />event that the majority ownership or control of the Contractor
<br />changes hands subsequent to the award of this contract,
<br />Contractor shall promptly notify City in writing (via United States
<br />Postal Service – Certified Mail, Return Receipt Requested) of such
<br />change in ownership or control at least thirty (30) days prior to
<br />such change and City shall have the right to terminate the contract
<br />upon sixty (60) days written notice, at City’s sole discretion.
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<br />1.26 HOLD HARMLESS/INDEMNIFICATION:
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<br />The Contractor shall indemnify, hold harmless, and defend the City
<br />of Sunny Isles Beach, it's officers, agents and employees from and
<br />against any claims, demands or causes of action of whatsoever
<br />kind or nature arising out of error, omission, negligent act, conduct,
<br />or misconduct of the Contractor, their agents, servants or
<br />employees in the provision of goods or the performance of services
<br />pursuant to this Proposal and / or from any procurement decision
<br />of the City including without limitation, awarding the Contract to
<br />the Contractor.
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<br />1.27 NON-CONFORMANCE TO CONTRACT:
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<br />The City of Sunny Isles Beach may withhold acceptance of, or
<br />reject items which are found upon examination, not to meet the
<br />specification requirements. Upon written notification of rejection,
<br />items shall be removed within (5) calendar days by the vendor at
<br />their own expense and redelivered at their expense. Rejected
<br />goods left longer than thirty (30) calendar days will be regarded as
<br />abandoned and the City shall have the right to dispose of them as
<br />its own property. Rejection for non-conformance or failure to meet
<br />delivery schedules may result in the Contractor being found in
<br />default.
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<br />1.28 DEFAULT PROVISION:
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<br />In case of default by the Proposers, the City of Sunny Isles Beach
<br />may procure the articles or services from other sources and hold
<br />the Proposers responsible for any excess costs occasioned or
<br />incurred thereby.
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<br />1.29 SECONDARY/OTHER VENDORS:
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<br />The City reserves the right in the event the primary vendor cannot
<br />provide an item(s) or service(s) in a timely manner as requested, to
<br />seek other sources without violating the intent of the Contract.
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<br />1.30 DEFINITIONS:
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<br />Wherever used in these General Conditions or in the other Contract
<br />Documents, the following terms shall have the meaning indicated
<br />which shall be applicable to both the singular and plural thereof:
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<br />Acceptance: Acceptance by the City of the Work as
<br />being fully complete in accordance with
<br />the Contract Documents subject to
<br />waiver of claims.
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<br />Agreement: The written Agreement between the City
<br />and the Contractor covering the Work to
<br />be performed, which includes the
<br />Contract Documents.
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<br />Addenda: Written or graphic instruments issued
<br />prior to the Proposal Opening which
<br />modify or interpret the Contract
<br />Documents, Drawings and
<br />Specifications, by addition, deletions,
<br />clarifications or corrections.
<br />
<br />Approved: Means approved by the City.
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<br />Proposal: The offer of the Proposers submitted on
<br />the prescribed form setting forth the
<br />prices for the Work to be performed.
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<br />Proposers: Any person, firm or corporation
<br />submitting a Proposal for Work.
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<br />Bonds: Proposal, performance bond and other
<br />instruments of security, furnished by the
<br />Contractor and their surety in
<br />accordance with the Contract
<br />Documents and in accordance with the
<br />law of the State of Florida.
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<br />Change Order: A written order to the Contractor signed
<br />by the City authorizing an addition,
<br />deletion or revision in the Work, or an
<br />adjustment in the Contract Price or the
<br />Contract Time issued after execution of
<br />the Agreement.
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<br />City: City of Sunny Isles Beach, 18070 Collins
<br />Avenue, Sunny Isles Beach, Florida
<br />33160.
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<br />Contract Documents: Contract Documents shall include,
<br />Instructions to Proposers, Contractor's
<br />Proposal, the Bonds, the Notice of
<br />Award, the Agreement between the City
<br />and Contractor as well as any addenda
<br />thereto, these General Conditions,
<br />Special Conditions, the Technical
<br />Specifications, Drawings and
<br />Modifications, Notice to Proceed,
<br />Request for Proposal, Insurance
<br />Certificates, Change Orders and
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