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<br />City of Sunny Isles Beach |Request for Proposal No. 22-02-01 6
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<br />1.25 ASSIGNMENT:
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<br />The Contractor shall not transfer or assign the performance required by
<br />this Bid without prior written consent of the City Manager. Any award
<br />issued pursuant to the Request for Proposal and monies which may be due
<br />hereunder are not assignable except with prior written approval of the City
<br />Manager. Further, in the event that the majority ownership or control of
<br />the Contractor changes hands subsequent to the award of this contract,
<br />Contractor shall promptly notify City in writing (via United States Postal
<br />Service – Certified Mail, Return Receipt Requested) of such change in
<br />ownership or control at least thirty (30) days prior to such change and City
<br />shall have the right to terminate the contract upon sixty (60) days written
<br />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 of
<br />Sunny Isles Beach, it's officers, agents and employees from and against any
<br />claims, demands or causes of action of whatsoever kind or nature arising
<br />out of error, omission, negligent act, conduct, or misconduct of the
<br />Contractor, their agents, servants or employees in the provision of goods
<br />or the performance of services pursuant to this Bid and / or from any
<br />procurement decision of the City including without limitation, awarding
<br />the Contract to 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 reject items
<br />which are found upon examination, not to meet the specification
<br />requirements. Upon written notification of rejection, items shall be
<br />removed within (5) calendar days by the vendor at their own expense and
<br />redelivered at their expense. Rejected goods left longer than thirty (30)
<br />calendar days will be regarded as abandoned and the City shall have the
<br />right to dispose of them as its own property. Rejection for non-
<br />conformance or failure to meet delivery schedules may result in the
<br />Contractor being found in 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 may
<br />procure the articles or services from other sources and hold the Proposers
<br />responsible for any excess costs occasioned or 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 provide
<br />an item(s) or service(s) in a timely manner as requested, to seek other
<br />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 which
<br />shall be applicable to both the singular and plural thereof:
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<br />Acceptance: Acceptance by the City of the Work as being
<br />fully complete in accordance with the
<br />Contract Documents subject to waiver of
<br />claims.
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<br />Agreement: The written Agreement between the City
<br />and the Contractor covering the Work to be
<br />performed, which includes the Contract
<br />Documents.
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<br />Addenda: Written or graphic instruments issued prior
<br />to the Bid Opening which modify or interpret
<br />the Contract Documents, Drawings and
<br />Specifications, by addition, deletions,
<br />clarifications or corrections.
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<br />Approved: Means approved by the City.
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<br />Bid: The offer of the Proposers submitted on the
<br />prescribed form setting forth the prices for
<br />the Work to be performed.
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<br />Bidder or Proposers: Any person, firm or corporation submitting a
<br />Bid for Work.
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<br />Bonds: Bid, performance bond and other
<br />instruments of security, furnished by the
<br />Contractor 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 Contractor signed by
<br />the City authorizing an addition, deletion or
<br />revision in the Work, or an adjustment in the
<br />Contract Price or the Contract Time issued
<br />after execution of the Agreement.
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<br />City: City of Sunny Isles Beach, 18070 Collins
<br />Avenue, Sunny Isles Beach, Florida 33160.
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<br />Contract Documents: Contract Documents shall include,
<br />Instructions to Proposers, Contractor's Bid,
<br />the Bonds, the Notice of Award, the
<br />Agreement between the City and Contractor
<br />as well as any addenda thereto, these
<br />General Conditions, Special Conditions, the
<br />Technical Specifications, Drawings and
<br />Modifications, Notice to Proceed, Request
<br />for Proposal, Insurance Certificates, Change
<br />Orders and Acknowledgment of
<br />Conformance with the City of Sunny Isles
<br />Beach.
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<br />Contract Price: The total monies payable to the Contractor
<br />under the Contract Documents.
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<br />Contract Time: The number of calendar days stated in the
<br />Agreement for the completion of the Work.
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<br />Contracting Officer: The individual who is authorized to sign the
<br />contract documents on behalf of the City’s
<br />governing body.
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<br />Contractor or Firm: The person, firm or corporation with whom
<br />the City has executed this Agreement.
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<br />Day: A calendar day of twenty-four hours
<br />measured from midnight to the next
<br />midnight.
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<br />Modification: Modification means any one of the
<br />following: (a) a written amendment of the
<br />Contract Documents signed by both parties,
<br />(b) a Change Order, (c) a written clarification
<br />or interpretation if issued by the City, or (d)
<br />a written order for minor change or
<br />alteration in the Work issued by the City. A
<br />modification may only be issued after
<br />execution of the Agreement.
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<br />Notice of Award: The written notice by City to the apparent
<br />successful Proposers stating that upon
<br />compliance with the conditions precedent to
<br />be fulfilled by him within the time specified,
<br />City will execute and deliver the Agreement
<br />to him.
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<br />Specifications: Those portions of the Contract Documents
<br />consisting of written descriptions of Work
<br />and services to be performed.
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<br />Statement of Services: The form furnished by the City which is to be
<br />used by the Contractor in requesting
<br />progress payments.
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<br />Supplier: Any person or organization who supplies
<br />materials or equipment for the Work.
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<br />Work: Any and all obligations, duties and
<br />responsibilities necessary to the successful
<br />completion of the work assigned to or
<br />undertaken by Contractor under the
<br />Contract Documents, including all labor,
<br />materials, equipment and other incidentals,
<br />and the furnishing thereof.
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