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1.25
<br />1.26
<br />1.27
<br />1.28
<br />1.29
<br />1.30
<br />implement a rescission of the Bid award without further City
<br />Commission action. The Consultants hereby holds the City harmless
<br />and agrees to Indemnify City and covenants not to sue the City by
<br />virtue of such rescission.
<br />The Contractor shall not transfer or assign the performance required
<br />by 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 Contractor changes hands subsequent to
<br />the award of this contract, Contractor shall promptly notify City in
<br />writing (via United States Postal Service — Certified Mall, Return
<br />Receipt Requested) of such change In ownership or control at least
<br />thirty (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.
<br />HOLD HARMLESS 1.INDEMNAFICATION:
<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 kind
<br />or nature arising out of error, omission, negligent act, conduct, or
<br />misconduct of the Contractor, their agents, servants or employees In
<br />the provision of goods or the performance of services pursuant to
<br />this Bid and / or from any procurement decision of the City Including
<br />without limitation, awarding the Contract to the Contractor.
<br />The Qty 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 Contractor being found In
<br />default.
<br />DEFAULT PROVISION:
<br />In rase of default by the Consultants, the City of Sunny Isles Beach
<br />may procure the articles or services from other sources and hold the
<br />Consultants responsible for any excess costs occasioned or Incurred
<br />thereby.
<br />SE—M. DARVIOTHER, y„ENOORS:
<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.
<br />DEFINITIONS:
<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:
<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,
<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.
<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.
<br />Approved: Means approved by the City.
<br />Bid: The offer of the Consultants submitted
<br />on the prescribed form setting forth the
<br />prices for the Work to be performed.
<br />Consultants: Any person, firm or corporation
<br />submitting a Bid for Work.
<br />Bonds:
<br />Bid, performance frond 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.
<br />Change Order:
<br />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.
<br />City:
<br />City of Sunny Isles Beach, 18070 Collins
<br />Avenue, Sunny Isles Beach, Florida
<br />33160.
<br />Contract Documents:
<br />Contract Documents shall include,
<br />Instructions to Consultants, Contractor's
<br />Bid, the Bonds, the Notice of Award, the
<br />Agreement between the City and
<br />Contractor as well as any addenda
<br />thereto, these General Conditions,
<br />Slwrlal Conditions, the Technical
<br />Specifications, Drawings and
<br />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.
<br />Contract Price:
<br />The total monies payable to the
<br />Contractor under the Contract
<br />Documents,
<br />Contractrime:
<br />The number of calendar days stated in
<br />the Agreement for the completion of the
<br />Work.
<br />Contracting Officer:
<br />The Individual who Is authorized to sign
<br />the contract documents on behalf of the
<br />City's governing body.
<br />Contractor:
<br />The person, firm or corporation with
<br />whom the City has executed this
<br />Agreement.
<br />Day:
<br />A calendar day of twenty-four hours
<br />measured from midnight to the next
<br />midnight.
<br />Field Order:
<br />A written order issued by the City which
<br />clarifies or interprets the Contract
<br />Documents or orders minor changes in
<br />the Work.
<br />Modification:
<br />Modification means any one of the
<br />following: (a) a written amendment of
<br />the Contract Documents signed by both
<br />parties, (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
<br />by the City. A modification may only be
<br />Issued after execution of the Agreement.
<br />Notice of Award:
<br />The written notice by City to the apparent
<br />successful Consultants 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
<br />the Agreement to him.
<br />Samples:
<br />Physical examples which illustrate
<br />materials, equipment or workmanship
<br />and establish standards by which the
<br />Work will be judged.
<br />Specifications:
<br />Those portions of the Contract
<br />Documents consisting of written
<br />technical descriptions of materials,
<br />equipment, construction systems,
<br />standards and workmanship as applied to
<br />the Work.
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<br />RFP # 23-04-02 Page 6
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