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<br />City of Sunny Isles Beach |ITB No. 16-09-01 7
<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 />Bidder: 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
<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 />
<br />Notice of Award: The written notice by City to the apparent
<br />successful Bidders 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 />
<br />Samples: Physical examples which illustrate
<br />materials, equipment or workmanship
<br />and establish standards by which the
<br />Work will be judged.
<br />
<br />Specifications: 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.
<br />
<br />Statement of Services: The form furnished by the City which is
<br />to be used by the Bidder in requesting
<br />progress payments.
<br />
<br />Supplier: Any person or organization who supplies
<br />materials or equipment for the Work,
<br />including that fabricated to a special
<br />design, but who does not perform labor
<br />at the site.
<br />
<br />Work: Any and all obligations, duties and
<br />responsibilities necessary to the
<br />successful completion of the Project
<br />assigned to or undertaken by Bidder
<br />under the Contract Documents, including
<br />all labor, materials, equipment and other
<br />incidentals, and the furnishing thereof.
<br />
<br />Written Notice: 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
<br />or to an officer of the corporation for
<br />whom it 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
<br />address known to them who gives the
<br />notice. Unless otherwise stated in
<br />writing, any notice to or demand upon
<br />the City under this Contract shall be
<br />delivered to the City.
<br />
<br />1.31 BID AWARD:
<br />
<br />The City reserves the right to reject any and all Bids at its sole
<br />discretion. Bids shall be awarded by the City after the City performs
<br />all necessary searches, inquiries, exploration, and analysis of the
<br />Bids. The Bid shall be awarded to the lowest responsible and
<br />responsive Bidder whose Bid best serves the interests of and
<br />represents the best value to the City in conformity with the criteria
<br />set forth in Section 62-8 of the City Code. No Notice of Award will
<br />be given until the City has concluded any investigation(s) as they
<br />deem necessary to establish the Bidder’s capability to perform the
<br />Services as described in this RFP, ITB, RFQ or ITQ, as substantiated
<br />by the required professional experience, client references, technical
<br />knowledge and qualifications; and sufficient labor and equipment to
<br />comply with the City’s established standards, as well as the financial
<br />capability of the Bidder to perform the Work in accordance with the
<br />Contract Documents to the satisfaction of the City within the time
<br />prescribed. The City reserves the right to reject the Bid of any
<br />Bidders on the basis of these queries and investigations and who
<br />does not meet the City’s satisfaction, even though the firm may be
<br />the lowest dollars and cents Bid. In analyzing Bids, the City will also
<br />take into consideration client references, past work experience and
<br />work product, proven ability to satisfactorily perform. If the Contract
<br />is awarded, the City will issue the Notice of Award and give the
<br />successful Bidders a Contract for execution within ninety (90) days
<br />after opening of Bids. The City specifically reserves the right to award
<br />the contract to a Bidder who is not necessarily the lowest dollars and
<br />cents Bidders on the basis of the results of these queries and
<br />investigation(s).
<br />
<br />1.32 EXECUTION OF AGREEMENT:
<br />
<br />At least four counterparts of the Agreement, the Performance Bond,
<br />the Certificates of Insurance and such other Documents as required
<br />by the Contract Documents shall be executed and delivered by
<br />Bidder to the City within ten (10) calendar days of receipt of the
<br />Notice of Award.
<br />
<br />1.33 LAWS AND REGULATIONS:
<br />
<br />The Bidder will give all notices and comply with all laws, ordinances,
<br />rules and regulations applicable to the Work. If the Bidder observes
<br />that the Specifications are at variance therewith, they will give the
<br />City prompt written notice thereof, and any necessary changes shall
<br />be adjusted by an appropriate modification. If the Bidder performs
<br />any Work knowing it to be contrary to such laws, ordinances, rules
<br />and regulations, and without such notice to the City, they will bear
<br />all costs arising wherefrom.
<br />
<br />1.34 TAXES:
<br />
<br />The City of Sunny Isles Beach is exempt from sales tax imposed by
<br />the State and/or Federal Government. Florida Sales Tax Exemption
<br />No. 85-8012694687C-4 appears on each purchase order. Exemption
<br />certificates are available upon request.
<br />
<br />1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
<br />
<br />In consideration of the separate sum of twenty-five dollars ($25.00)
<br />and other valuable consideration, the Bidder shall defend, indemnify
<br />and hold harmless the City, its officers, agents and employees, from
<br />or on account of any injuries or damages, received or sustained by
<br />any person or persons during or on account of any operations
<br />connected with the Work described in the Contract Documents, or
<br />by or in consequence of any negligence in connection with the same;
<br />or by use of any improper materials or by or on account of any act
<br />or omission of the said Bidder or his Sub-Bidder, agents, servants or
<br />employees. The Bidder will defend, indemnify and hold harmless the
<br />City and their agents or employees from and against all claims,
<br />damages, losses and expenses including attorneys' fees arising out
<br />of or resulting from the performance of the Work, provided that any
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