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<br />City of Sunny Isles Beach |Request for Proposal No. 22-02-01 7
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<br />Written Notice: The term “Notice” as used herein shall mean
<br />and include all written notices, demands,
<br />instructions, claims, approvals and
<br />disapproval’s required to obtain compliance
<br />with Contract requirements. Written notice
<br />shall be deemed to have been duly served if
<br />delivered in person to the individual or to a
<br />member of the firm or to an officer of the
<br />corporation for whom it is intended, or to an
<br />authorized representative or such individual,
<br />firm, or corporation, or if delivered at or sent
<br />by registered mail to the last business
<br />address known to them who gives the
<br />notice. Unless otherwise stated in writing,
<br />any notice to or demand upon the City under
<br />this Contract shall be delivered to the City.
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<br />1.31 BID AWARD:
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<br />The City reserves the right to reject any and all Bids at its sole discretion.
<br />Bids shall be awarded by the City after the City performs all necessary
<br />searches, inquiries, exploration, and analysis of the Bids. The Bid shall be
<br />awarded to the highest ranked responsive and responsible Bidder whose
<br />Bid best serves the interests of and represents the best value to the City..
<br />No Notice of Award will be given until the City has concluded any
<br />investigation(s) as they deem necessary to establish the Proposer’s
<br />capability to perform the Services as described in this RFP, ITB, RFQ or ITQ,
<br />as substantiated by the required professional experience, client
<br />references, technical knowledge and qualifications; and sufficient labor
<br />and equipment to comply with the City’s established standards, as well as
<br />the financial capability of the Proposer to perform the Work in accordance
<br />with the Contract Documents to the satisfaction of the City within the time
<br />prescribed. The City reserves the right to reject the Bid of any Proposers
<br />on the basis of these queries and investigations and who does not meet
<br />the City’s satisfaction, even though the firm may be the lowest dollars and
<br />cents Bid. In analyzing Bids, the City will also take into consideration client
<br />references, past work experience and work product, proven ability to
<br />satisfactorily perform. If the Contract is awarded, the City will issue the
<br />Notice of Award and give the successful Proposers a Contract for execution
<br />within ninety (90) days after opening of Bids. The City specifically reserves
<br />the right to award the contract to a proposer who is not necessarily the
<br />lowest dollars and cents proposers on the basis of the results of these
<br />queries and investigation(s).
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<br />1.32 EXECUTION OF AGREEMENT:
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<br />At least four counterparts of the Agreement, the Certificates of Insurance
<br />and such other Documents as required by the Contract Documents shall
<br />be executed and delivered by Contractor to the City within ten (10)
<br />calendar days of receipt of the Notice of Award.
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<br />1.33 LAWS AND REGULATIONS:
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<br />The Contractor will give all notices and comply with all laws, ordinances,
<br />rules and regulations applicable to the Work. If the Contractor observes
<br />that the Specifications are at variance therewith, they will give the City
<br />prompt written notice thereof, and any necessary changes shall be
<br />adjusted by an appropriate modification. If the Contractor performs any
<br />Work knowing it to be contrary to such laws, ordinances, rules and
<br />regulations, and without such notice to the City, they will bear all costs
<br />arising wherefrom.
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<br />1.34 TAXES:
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<br />The City of Sunny Isles Beach is exempt from sales tax imposed by the State
<br />and/or Federal Government. Florida Sales Tax Exemption No. 23-00-
<br />477131-54C appears on each purchase order. Exemption certificates are
<br />available upon request.
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<br />1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
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<br />In consideration of the separate sum of twenty-five dollars ($25.00) and
<br />other valuable consideration, the Contractor shall defend, indemnify and
<br />hold harmless the City, its officers, agents and employees, from or on
<br />account of any injuries or damages, received or sustained by any person or
<br />persons during or on account of any operations connected with the Work
<br />described in the Contract Documents, or by or in consequence of any
<br />negligence in connection with the same; or by use of any improper
<br />materials or by or on account of any act or omission of the said Contractor
<br />or his Sub-Contractor, agents, servants or employees. The Contractor will
<br />defend, indemnify and hold harmless the City and their agents or
<br />employees from and against all claims, damages, losses and expenses
<br />including attorneys' fees arising out of or resulting from the performance
<br />of the Work, provided that any such claim damage, loss or expense (a) is
<br />attributable to bodily injury, sickness, disease or death, or to injury to or
<br />destruction of tangible property (other than Work itself) including the loss
<br />of use resulting wherefrom and (b) is caused in whole or in part by any
<br />negligent act or omission of the Contractor, Sub-Contractor, anyone
<br />directly or indirectly employed by any of them or anyone for whose acts
<br />any of them may be liable, regardless of whether or not it is caused by a
<br />party indemnified hereunder. In the event that a court of competent
<br />jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work,
<br />then in lieu of the above provisions of this section the parties agree that
<br />Contractor shall indemnify, defend and hold harmless the City, their
<br />officers and employees, to the fullest extent authorized by Sec. 725.06 (2)
<br />F.S., which statutory provisions shall be deemed to be incorporated herein
<br />by reference as if fully set forth herein. In the event that any action or
<br />proceeding is brought against City by reason of any such claim or demand,
<br />Contractor, upon written notice from City shall defend such action or
<br />proceeding by counsel satisfactory to City. The indemnification provided
<br />above shall obligate Contractor to defend at its own expense or to provide
<br />for such defense, at City’s option, any and all claims of liability and all suits
<br />and actions of every name and description that may be brought against
<br />City, excluding only those which allege that the injuries arose out of the
<br />sole negligence of City, which may result from the operations and activities
<br />under this Contract whether the Work be performed by Contractor, its
<br />Sub-Contractors, or by anyone directly or indirectly employed by either.
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<br />1.36 DECISIONS ON DISAGREEMENTS:
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<br />The City will be the initial interpreter of the Technical Specifications.
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<br />1.37 CITY MAY TERMINATE:
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<br />If the Contractor is adjudged bankrupt or insolvent, or if they make a
<br />general assignment for the benefit of their creditors, or if a trustee or
<br />receiver is appointed for the Contractor or for any of their property, or if
<br />they file a petition to take advantage of any debtor’s act, or to reorganize
<br />under bankruptcy or similar laws, or if they repeatedly fails to supply
<br />sufficient skilled workmen or suitable materials or equipment, or if they
<br />repeatedly fail to make prompt payments to Sub-Contractors or for labor,
<br />materials or equipment or they disregard laws, ordinances, rules,
<br />regulations or orders of any public body having jurisdiction, or if they
<br />disregard the authority of the City, of if they otherwise violate any
<br />provision of, the Contract Documents, then the City may, without
<br />prejudice to any other right or remedy and after giving the Contractor and
<br />the surety ten (10) days written notice, terminate the services of the
<br />Contractor and take possession of the Project and of all materials,
<br />equipment, tools, construction equipment and machinery thereon owned
<br />by the Contractor, and finish the Work by whatever method they may
<br />deem expedient. In such case the Contractor shall not be entitled to
<br />receive any further payment until the Work is finished. If the unpaid
<br />balance of the Contract Price exceeds the direct and indirect costs of
<br />completing the Project, including compensation for additional professional
<br />services, such excess shall be paid to the Contractor. If such costs exceed
<br />such unpaid balance, the Contractor will pay the difference to the City.
<br />Such costs incurred by the City will be determined by the City and
<br />incorporated in a Change Order. If after termination of the Contractor
<br />under this Section, it is determined by a court of competent jurisdiction for
<br />any reason that the Contractor was not in default, the rights and
<br />obligations of the City and the Contractor shall be the same as if the
<br />termination had been issued pursuant to this document.
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<br />1.37.1 Where the Contractor’s services have been so terminated
<br />by the City said termination shall not affect any rights of the
<br />City against the Contractor then existing or which may
<br />thereafter accrue. Any retention or payment of moneys by
<br />the City due the Contractor will not release the Contractor
<br />from liability.
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<br />1.37.2 Upon ten (10) days written notice to the Contractor, the
<br />City may, without cause and without prejudice to any other
<br />right or remedy, elect to terminate the Agreement. In such
<br />case, the Contractor shall be paid for all Work executed and
<br />accepted by the City as of the date of the termination. No
<br />payment shall be made for profit for Work which has not
<br />been performed.
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<br />1.38 MISCELLANEOUS:
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<br />Proposers acknowledge the following miscellaneous conditions:
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