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<br />- <br /> <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />. <br />n <br /> <br />Proposer's capability to perform the Emergency Debris Clearing and Removal Operations as described in this RFP, <br />as substantiated by the required professional experience, cient references, technical knowledge and qualifications; <br />and sufficient labor and equipment to comply with the City's Debris Management Plan, as well as the financial <br />capability of the Proposer to perform the Work in accordance with the Contract Documents to the satisfaction of the <br />City within the time prescribed. The City reserves the right to reject the Proposal of any Proposer on the basis of <br />these queries and investigations and who does not meet the City's satisfaction, even though the firm may possibly be <br />the apparent lowest dollars and cents Proposer. In analyzing Proposals, the City will also take into consideration <br />client references, past work experience and work product, proven ability to satisfactorily perform Emergency Debris <br />Clearing and Removal Operations if requested by the RFP forms. If the Contract is awarded, the City will issue the <br />Notice of Award and give the successful Proposer a Contract for execution within ninety (90) days after opening of <br />Proposals. The City specifically reserves the right to award the Contract to a Proposer who is not necessarily the <br />lowest dollars and cents Proposer on the basis of the results of these queries and investigations and in accordance <br />with the criteria set forth in Section 62.8 of the City Code.. <br /> <br />4.3. Execution of Agreement: At least four (4) counterparts of the Agreement (in substantially the same form <br />as the Agreement attached hereto as Section 13) 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 Contractor to <br />the City within ten (10) calendar days of receipt of the Notice of Award. <br /> <br />4.4. Forfeiture of RFP Security, Performance and Payment Bond: Within ten (10) calendar days of being <br />notified of the award, Contractor shall furnish an executed agreement (in substantially the same form as the <br />Agreement attached hereto as Section 13) and attach a Performance Bond and a Payment Bond (containing all the <br />provisions of the Performance Bond and Payment Bond herein). Each Bond shall be in the amount of one hundred <br />percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in <br />such Contract as well as full payment of all suppliers, material, laborers, or Sub-Contractors employed pursuant to <br />this Project. Each Bond shall be with a Surety company meeting the qualifications of this document. Each Bond shall <br />continue in effect for one and one half years after final completion and acceptance of the Work with the liability equal <br />to one hundred percent (100%) of the Contract Sum. The Performance Bond shall be conditioned that Contractor will, <br />upon notification by City, correct any defective or faulty Work or materials which appear within one and one half years <br />after final completion of the Contract. Pursuant to the requirements of Section 255.05(1), Florida StaMes, Contractor <br />shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and <br />provide City with evidence of such recording. <br /> <br />4.4.1. Each Bond must be executed by a Surety company authorized to do business in the State of Florida as a <br />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 /> <br />4.4.2. The Surety company shall hold a current certificate of authority as acceptable surety on federal bonds in <br />accordance with the United States Department of Treasury Circular 570, current Revisions. <br /> <br />4.4.3. The City will accept a surety bond from a company with a rating B+ or better. <br /> <br />4.4.4. Failure of the successful Proposer to execute and deliver the Agreement and deliver the required bonds and <br />Insurance Certificates as stipulated in paragraph 4.3 shall be cause for the City to annul the Notice of Award <br />and declare the Proposal and any security therefore forfeited. <br /> <br />4.5. Contractor's Pre-Start Representation: Contractor represents that they have familiarized themselves with, <br />and assumes full responsibility for having familiarized themselves with the nature and extent of the Contract <br />Documents, Work, locality, and with all local conditions and federal, State and local laws, ordinances, rules and <br />regulations that may in any manner affect performance of the Work, and represents that they have correlated their <br />study and observations with the requirements of the Contract Documents. Contractor also represents that they have <br /> <br />12 <br />