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<br />City of Sunny Isles Beach | Request for Proposals No. 21-03-01 6
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<br />with the Bid response. Failure to furnish these documents or to have
<br />required licensure will be grounds for rejecting the Bid.
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<br />1.24 CERTIFICATE(S) OF INSURANCE:
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<br />Bidders shall furnish to the Office of the City Clerk, City of Sunny
<br />Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
<br />certificate(s) of insurance which indicate that insurance coverage has
<br />been obtained from an insurance company authorized to do business
<br />in the State of Florida or otherwise secured in a manner satisfactory
<br />to the City, for those coverage types and amounts listed in this
<br />document, in an amount equal to 100% of the requirements and
<br />shall be presented to the City prior to issuance of any Contract(s) or
<br />Award(s) Document(s). The City of Sunny Isles Beach shall be
<br />named as "additional insured" with respect to this coverage. The
<br />required certificates of insurance shall not only name the types of
<br />policies provided, but shall also refer specifically to this Bid and
<br />section. At the time of Bid submission, the Bidders must submit
<br />certificates of insurance as outlined in the General Conditions
<br />section. All required insurances shall name the City of Sunny Isles
<br />Beach as additional insured and such insurance shall be issued by
<br />companies authorized to issue insurance in the State of Florida. It
<br />shall be the responsibility of the Bidders 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 Bidders,
<br />which relate to the activities of such vendor and the City of Sunny
<br />Isles Beach. Such notification shall be in writing, and shall be
<br />submitted to the City finance support service director thirty (30) days
<br />prior to cancellation of such policies. This requirement shall be
<br />reflected on the certificate of insurance. Failure to fully and
<br />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 Bid award without further City
<br />Commission action. The Bidders hereby holds the City harmless and
<br />agrees to indemnify City and covenants not to sue the City by virtue
<br />of such rescission.
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<br />1.25 ASSIGNMENT:
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<br />The Bidder shall not transfer or assign the performance required by
<br />this Bid without prior written consent of the City Manager. Any
<br />award issued pursuant to the Request for Proposal and monies which
<br />may be due hereunder are not assignable except with prior written
<br />approval of the City Manager. Further, in the event that the majority
<br />ownership or control of the Bidder changes hands subsequent to the
<br />award of this contract, Bidder shall promptly notify City in writing
<br />(via United States Postal Service – Certified Mail, Return Receipt
<br />Requested) of such change in ownership or control at least thirty
<br />(30) days prior to such change and City shall have the right to
<br />terminate the contract upon sixty (60) days written notice, at City’s
<br />sole discretion.
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<br />1.26 HOLD HARMLESS/INDEMNIFICATION:
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<br />The Bidder shall indemnify, hold harmless, and defend the City of
<br />Sunny Isles Beach, it's officers, agents and employees from and
<br />against any claims, demands or causes of action of whatsoever kind
<br />or nature arising out of error, omission, negligent act, conduct, or
<br />misconduct of the Bidder, their agents, servants or employees in the
<br />provision of goods or the performance of services pursuant to this
<br />Bid and / or from any procurement decision of the City including
<br />without limitation, awarding the Contract to the Bidder.
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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 reject
<br />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 goods
<br />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 Bidder being found in default.
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<br />1.28 DEFAULT PROVISION:
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<br />In case of default by the Bidders, the City of Sunny Isles Beach may
<br />procure the articles or services from other sources and hold the
<br />Bidders responsible for any excess costs occasioned or incurred
<br />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 Bidder covering the Work to be
<br />performed, which includes the Contract
<br />Documents.
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<br />Addenda: Written or graphic instruments issued
<br />prior to the Bid Opening which modify or
<br />interpret the Contract Documents,
<br />Drawings and Specifications, by addition,
<br />deletions, clarifications or corrections.
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<br />Approved: Means approved by the City.
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<br />Bid: The offer of the Bidders submitted on the
<br />prescribed form setting forth the prices
<br />for the Work to be performed.
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<br />Bidders: Any person, firm or corporation
<br />submitting a Bid for Work.
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<br />Bonds: Bid, performance bond and other
<br />instruments of security, furnished by the
<br />Bidder and their surety in accordance
<br />with the Contract Documents and in
<br />accordance with the law of the State of
<br />Florida.
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<br />Change Order: A written order to the Bidder signed by
<br />the City authorizing an addition, deletion
<br />or revision in the Work, or an adjustment
<br />in the Contract Price or the Contract Time
<br />issued after execution of 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 Bidders, Bidder's Bid, the
<br />Bonds, the Notice of Award, the
<br />Agreement between the City and Bidder
<br />as well as any addenda thereto, these
<br />General Conditions, Special Conditions,
<br />the Technical Specifications, Drawings
<br />and Modifications, Notice to Proceed,
<br />Request for Proposal, Insurance
<br />Certificates, Change Orders and
<br />Acknowledgment of Conformance with
<br />the City of Sunny Isles Beach.
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<br />Contract Price: The total monies payable to the Bidder
<br />under the Contract Documents.
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