Prestige Auto Transport Towing & Recovery Inc.

Home Browse Search

„TY OF E S l CITY OF SUNNY ISLES BEACH 18070 Collins Ave. I Sunny Isles Beach, Fl. 337.50 L.n'i1=— y 305.752.1707 1 sibfLnet I Purchasing sibfl.net a ...r .� Statement of Services: The form furnished by the City which is to be used by the Contractor in requesting progress payments. Supplier: Any person or organization who supplies materials or equipment for the Work, Including that fabricated to a special 1.35 design, but who does not perform labor at the site. Work: Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by Contractor under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof, Written Notice: The term "Notice” as used herein shall mean and include all written notices, demands, Instructions, claims, approvals and disapproval's required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served If delivered in person to the Individual or to a member of the firm or to an officer of the corporation for whom It is intended, or to an authorized representative or such Individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice, Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. 1.31 BID AWARD: The City reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the City after the City performs all necessary searches, Inquiries, exploration, and analysis of the Bids, The Bid shall be awarded to the lowest responsible and responsive Consultant whose Bid best serves the interests of and represents the best value to the City in conformity with the criteria set forth in Section 62.8 of the City Code. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary be establish the Consultant's capability to perform the Services as described In this RFP, ITB, RFP or ITO, as substantiated by the required professional experience, client references, technical knowledge and qualifications; and sufficient labor and equipment to comply with the City's established standards, as well as the financial capability of the Consultant to perform the Work In accordance with the Contract Documents to the satisfaction of the City within the time prescribed, The City reserves the right to reject the Bid of any Consultants on the basis of these queries and Investigations and who does not meet the City's satisfaction, even though the fine may be the lowest dollars and cents Bid. In analyzing Bids, the City will also take Into consideration client references, past work experience and work product, proven ability to satisfactorily perform. If the Contract is awarded, the City will issue the Notice of Award and give the successful Consultants a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right to award the contract to a Consultant who is not necessarily the lowest dollars and cents Consultants on the basis of the results of these queries and Investigation(s). 1.32 EXECUTION OF AGREEMENT: At least four counterparts of the Agreement, the Performance Bond, the Certificates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by Contractor to the City within ten (10) calendar days of receipt of the Notice of Award. 1.33 LAWS AND REGULATIONS: The Contractor will give all notices and comply with all laws, ordinances, rules and regulations applicable to the Work. If the Contractor observes that the Specifications are at variance therewith, they will give the City prompt written notice thereof, and any necessary changes shall be adjusted by an appropriate modification. If the Contractor performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to the City, they will bear all costs arising wherefrom. 1.36 The City of Sunny Isles Beach is exempt from sales tax imposed by the State and/or Federal Government Florida Sales Tax Exemption No. 23.00-477131-54C appears on each purchase order. Exemption certificates are available upon request. DUTY TO DE FEN D.INDEMN]FY AND HOLD MAR MLE55: In consideration of the separate sum of twenty-five dollars ($25,00) and other valuable consideration, the Contractor shall defend, indemnify and hold harmless the City, Its officers, agents and employees, from or on account of any Injuries or damages, received or sustained by any person or persons during or on account of any operations connected with the Work described in the Contract Documents, or by or in consequence of any negligence in connection with the same; or by use of any improper materials or by or on account of any act or omission of the said Contractor or his Sub - Contractor, agents, servants or employees. The Contractor will defend, Indemnify and hold harmless the City and their agents or employees from and against at claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the Work, provided that any such claim damage, loss or expense (a) Is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than Work Itself) Including the loss of use resulting wherefmm and (b) is caused in whole or In part by any negligent act or omission of the Contractor, Sub -Contractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not It Is caused by a party indemnified hereunder, In the event that a court of competent jurisdiction determines that Sec. 725,06 (2), F.S. is applicable to this Work, then in lieu of the above provisions of this section the parties agree that Contractor shall Indemnify, defend and hold harmless the City, their officers and employees, to the fullest extent authorized by Sec. 725.06 (2) F.S„ which statutory provisions shall be deemed to be incorporated herein by reference as if fully set forth herein. In the event that any action or proceeding Is brought against City by reason of any such claim or demand, Contractor, upon written notice from City shall defend such action or proceeding by counsel satisfactory to City. The indemnification provided above shall obligate Contractor to defend at its own expense or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description that may be brought against City, excluding only those which allege that the injuries arose out of the sole negligence of City, which may result from the operations and activities under this Contract whether the Work be performed by Contractor, Its Sub -Contractors, or by anyone directly or indirectly employed by either. The City will be the initial interpreter of the Technical Specifications. 1.37 CITY MAY TERMINATE: If the Contractor is adjudged bankrupt or insolvent, or if they make a general assignment for the benefit of their creditors, or If a trustee or receiver is appointed for the Contractor or for any of their property, or If they filo a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if they repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or If they repeatedly fail to make prompt payments to Sub -Contractors or for labor, materials or equipment or they disregard laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if they disregard the authority of the City, of if they otherwise violate any provision of, the Contract Documents, then the City may, without prejudice to any other right or remedy and after giving the Contractor and the surety ten (10) days written notice, terminate the services of the Contractor and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor, and finish the Work by whatever method they may deem expedient, In such case the Contractor shall not be entitled to receive any further payment until the Work Is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, Including compensation for additional professional services, such excess shall be paid to the Contractor. If such costs exceed such unpaid balance, the Contractor will pay the difference to the City. Such costs Incurred by the City will be determined by the City and Incorporated in a Change Order. If after termination of the Contractor under this Section, it is determined by a court of competent jurisdiction for any reason that the Contractor was not in default, the rights and obligations of the City and the Contractor shall be the same as if the termination had been Issued pursuant to this document. 1.37.1 Where the Contractor's services have been so 1.34 TAXES: �� terminated by the City said Lerrrflnatlar not affect a�r ,� r V t.