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to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other <br />incidentals, and the furnishing thereof. <br />Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, <br />claims, approvals and disapproval's required to obtain compliance with Contract requirements. Written notice shall be <br />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 <br />corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if <br />delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise <br />stated in writing, any notice to or demand upon the CITY under this Contract shall be delivered to the CITY through the <br />CONSULTANT. <br />ARTICLE 2 - PRELEVIINARY MATTERS <br />Award: <br />2.1 The CITY reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the CITY <br />to the lowest responsive and responsible BIDDER. No Notice of Award will be given until the CITY has concluded <br />such investigations as they deem necessary to establish the responsibility, qualifications and financial ability of the <br />BIDDER to the Work in accordance with the Contract Documents to the satisfaction of the CITY within the time <br />prescribed. The CITY reserves the right to reject the Bid of any BIDDER who does not pass such investigation to <br />the CITY'S satisfaction. In analyzing Bids, the CITY may also take into consideration alternate and unit prices, if <br />requested by the Bid forms. If the Contract is awarded, the CITY will issue the Notice of Award and give the <br />successful BIDDER a Contract for execution within ninety (90) days after opening of Bids. <br />Execution of Agreement: <br />2.2 At least four counterparts of the Agreement, the Performance and Payment Bond, the Certificates of Insurance <br />and such other Documents as required by the Contract Documents shall be executed and delivered by <br />CONTRACTOR to the CITY within ten (10) calendar days of receipt of the Notice of Award. <br />Forfeiture of Bid Securitv/Performance and Payment Bond <br />23. Within ten (10) calendar days of being notified of the Award, CONTRACTOR shall ftirnish a Performance <br />Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. <br />2.3.1 Each Bond shall be in the amount of one hundred percent (100 %) of the Contract Price guaranteeing <br />to CITY the completion and performance of the Work covered in such Contract as well as full payment of <br />all suppliers, material man, laborers, or Subcontractors employed pursuant to this Project. Each Bond shall <br />be with a Surety company meeting the qualifications of Sections 2.3.4, 2.3.5 and 2.3.6. <br />2.3.2 Pursuant to the requirements of Section 255.05(1), Florida Statutes, CONTRACTOR shall ensure <br />that the Bond(s) referenced above shall be recorded in the public records of Dade County and Provide <br />CITY with evidence of such recording. <br />2.3.3 Each Bond must be executed by a surety company authorized to do business in the State of Florida <br />as a surety, having a resident agent in the State of Florida and having been in business with a record of <br />successful continuous operation for at least five (5) years. <br />2.3.4 The surety company shall hold a current certificate of authority as acceptable surety on federal bonds <br />in accordance with the United States Department of Treasury Circular 570, current Revisions. <br />2.3.5 The CITY will accept a surety bond from a company with a rating B+ or better <br />00710-3 <br />