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Field Order:
<br />A written order issued by the City which
<br />clarifies or interprets the Contract
<br />Documents or orders minor changes in the
<br />Work.
<br />Modification:
<br />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
<br />clarification or interpretation if issued by
<br />the City, or (d) a written order for minor
<br />change or alteration in the Work issued by
<br />the City. A modification may only be issued
<br />after execution of the Agreement.
<br />Notice of Award:
<br />The written notice by City to the apparent
<br />successful Proposers stating that upon
<br />compliance with the conditions precedent
<br />to be fulfilled by him within the time
<br />specified, City will execute and deliver the
<br />Agreement to him.
<br />Samples:
<br />Physical examples which illustrate
<br />materials, equipment or workmanship and
<br />establish standards by which the Work will
<br />bejudged.
<br />Specifications:
<br />Those portions of the Contract Documents
<br />consisting of written technical descriptions
<br />of materials, equipment, construction
<br />systems, standards and workmanship as
<br />applied to the Work.
<br />Statement of Services:
<br />The form furnished by the City which is to
<br />be used by the Contractor in requesting
<br />progress payments.
<br />Supplier:
<br />Any person or organization who supplies
<br />materials or equipment for the Work,
<br />including that fabricated to a special design,
<br />but who does not perform labor at the site.
<br />Work:
<br />Any and all obligations, duties and
<br />responsibilities necessary to the successful
<br />completion of the Project 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.
<br />Written Notice:
<br />The term "Notice" as used herein shall
<br />mean and include all written notices,
<br />demands, instructions, claims, approvals
<br />and disapproval's required to obtain
<br />compliance with Contract requirements.
<br />Written notice shall be deemed to have
<br />been duly served if delivered in person to
<br />the individual or to a member of the firm or
<br />to an officer of the corporation for whom it
<br />is intended, or to an authorized
<br />representative or such individual, firm, or
<br />corporation, or if delivered at or sent by
<br />registered mail to the last business address
<br />known to them who gives the notice.
<br />Unless otherwise stated in writing, any
<br />notice to or demand upon the City under
<br />this Contract shall be delivered to the City.
<br />1.31 BID AWARD:
<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,
<br />and analysis of the Bids. The Bid shall be
<br />awarded to the lowest
<br />responsible and responsive proposer whose Bid
<br />best serves the interests of and represents the best value to the City in
<br />conformity with the criteria
<br />set forth in Section 62-8 of the City Code. No
<br />`yrs. or S-00 1`H'
<br />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
<br />ITC, 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
<br />accordance with the Contract Documents to the satisfaction of the City
<br />within the time prescribed. The City reserves the right to reject the Bid of
<br />any Proposers on the basis of these queries and investigations and who
<br />does not meet the City's satisfaction, even though the firm may be the
<br />lowest dollars and cents Bid. In analyzing Bids, the City will also take into
<br />consideration client references, past work experience and work product,
<br />proven ability to satisfactorily perform. If the Contract is awarded, the
<br />City will issue the Notice of Award and give the successful Proposers a
<br />Contract for execution within ninety (90) days after opening of Bids. The
<br />City specifically reserves the right to award the contract to a proposer
<br />who is not necessarily the lowest dollars and cents proposers on the basis
<br />of the results of these queries and investigation(s).
<br />1.32 EXECUTION OF AGREEMENT:
<br />1.33
<br />1.34
<br />1.35
<br />At least four counterparts of the Agreement, the Performance Bond, the
<br />Certificates of Insurance and such other Documents as required by the
<br />Contract Documents shall be executed and delivered by Contractor to the
<br />City within ten (10) calendar days of receipt of the Notice of Award.
<br />LAWS AND REGULATIONS:
<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.
<br />TAXES:
<br />The City of Sunny Isles Beach is exempt from sales tax imposed by the
<br />State and/or Federal Government. Florida Sales Tax Exemption No. 23-
<br />00-477131-54C appears on each purchase order. Exemption certificates
<br />are available upon request.
<br />DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
<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
<br />or persons during or on account of any operations connected with the
<br />Work described in the Contract Documents, or by or in consequence of
<br />any 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
<br />Contractor or his Sub -Contractor, agents, servants or employees. The
<br />Contractor will defend, indemnify and hold harmless the City and their
<br />agents or employees from and against all claims, damages, losses and
<br />expenses including attorneys' fees arising out of or resulting from the
<br />performance of the Work, provided that any such claim damage, loss or
<br />expense (a) is attributable to bodily injury, sickness, disease or death, or
<br />to injury to or destruction of tangible property (other than Work itself)
<br />including the loss of use resulting wherefrom and (b) is caused in whole
<br />or in part by any negligent act or omission of the Contractor, Sub -
<br />Contractor, anyone directly or indirectly employed by any of them or
<br />anyone for whose acts any of them may be liable, regardless of whether
<br />or not it is caused by a party indemnified hereunder. In the event that a
<br />court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is
<br />applicable to this Work, then in lieu of the above provisions of this
<br />section the parties agree that Contractor shall indemnify, defend and
<br />hold harmless the City, their officers and employees, to the fullest extent
<br />authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be
<br />deemed to be incorporated herein by reference as if fully set forth
<br />herein. In the event that any action or proceeding is brought against City
<br />by reason of any such claim or demand, Contractor, upon written notice
<br />from City shall defend such action or proceeding by counsel satisfactory
<br />City of Sunny Isles Beach I Invitation to Bid No. 22-08-01
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