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<br />City of Sunny Isles Beach |Request for Proposal No. 15-12-01 6 <br /> <br />section. All required insurances shall name the City of Sunny Isles <br />Beach as additional insured and such insurance shall be issued by <br />companies authorized to issue insurance in the State of Florida. It <br />shall be the responsibility of the Proposers and insurer to notify the <br />City Manager of the City of Sunny Isles Beach of cancellation, lapse, <br />or material modification of any insurance policies insuring the <br />Proposers, which relate to the activities of such vendor and the City <br />of Sunny Isles Beach. Such notification shall be in writing, and shall <br />be submitted to the City finance support service director thirty (30) <br />days prior to cancellation of such policies. This requirement shall be <br />reflected on the certificate of insurance. Failure to fully and <br />satisfactorily comply with the city's insurance and bonding <br />requirements set forth herein will authorize the City Manager to <br />implement a rescission of the Bid award without further City <br />Commission action. The Proposers 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 /> <br />1.25 ASSIGNMENT: <br /> <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 <br />which may be due hereunder are not assignable except with prior <br />written approval of the City Manager. Further, in the event that the <br />majority ownership or control of the Contractor changes hands <br />subsequent to the award of this contract, Contractor shall promptly <br />notify City in writing (via United States Postal Service – Certified Mail, <br />Return Receipt Requested) of such change in ownership or control <br />at least thirty (30) days prior to such change and City shall have the <br />right to terminate the contract upon sixty (60) days written notice, at <br />City’s sole discretion. <br /> <br />1.26 HOLD HARMLESS/INDEMNIFICATION: <br /> <br />The Contractor shall indemnify, hold harml ess, 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 /> <br />1.27 NON-CONFORMANCE TO CONTRACT: <br /> <br />The City 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 its <br />own property. Rejection for non-conformance or failure to meet <br />delivery schedules may result in the Contractor being found in <br />default. <br /> <br />1.28 DEFAULT PROVISION: <br /> <br />In case of default by the Proposers, the City of Sunny Isles Beach <br />may procure the articles or services from other sources and hold the <br />Proposers responsible for any excess costs occasioned or incurred <br />thereby. <br /> <br />1.29 SECONDARY/OTHER VENDORS: <br /> <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 /> <br />1.30 DEFINITIONS: <br /> <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 /> <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 /> <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 /> <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 /> <br />Approved: Means approved by the City. <br /> <br />Bid: The offer of the Proposers submitted on <br />the prescribed form setting forth the <br />prices for the Work to be performed. <br /> <br />Proposers: Any person, firm or corporation <br />submitting a Bid for Work. <br /> <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. <br /> <br />Change Order: 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 /> <br />City: City of Sunny Isles Beach, 18070 Collins <br />Avenue, Sunny Isles Beach, Florida <br />33160. <br /> <br />Contract Documents: Contract Documents shall include, <br />Instructions to Proposers, 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 />Special 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 /> <br />Contract Price: The total monies payable to the <br />Contractor under the Contract <br />Documents. <br /> <br />Contract Time: The number of calendar days stated in <br />the Agreement for the completion of the <br />Work. <br /> <br />Contracting Officer: The individual who is authorized to sign <br />the contract documents on behalf of the <br />City’s governing body. <br /> <br />Contractor: The person, firm or corporation with <br />whom the City has executed this <br />Agreement. <br /> <br />Day: A calendar day of twenty-four hours <br />measured from midnight to the next <br />midnight. <br /> <br />Field Order: 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 /> <br />Modification: Modification means any one of the <br />following: (a) a written amendment of the <br />Contract Documents signed by both <br />parties, (b) a Change Order, (c) a written