|
<br />Work: Any and all obligations, duties and
<br />responsibilities necessary to the successful
<br />completion of the Project assigned to or undertaken
<br />by Contractor under the Contract Documents,
<br />including all labor, materials, equipment and other
<br />incidentals, and the furnishing thereof.
<br />
<br />Written Notice: The term "Notice" as used herein
<br />shall mean and include all written notices, demands,
<br />instructions, claims, approvals and disapproval's
<br />required to obtain compliance with Contract
<br />requirements. Written notice shall be deemed to
<br />have been duly served if delivered in person to the
<br />individual or to a member of the firm or to an officer
<br />of the corporation for whom it is intended, or to an
<br />authorized representative or such individual, firm, or
<br />corporation, or if delivered at or sent by registered
<br />mail to the last business address known to them who
<br />gives the notice. Unless otherwise stated in writing,
<br />any notice to or demand upon the City under this
<br />Contract shall be delivered to the City.
<br />
<br />1.33 Bid Award: The City reserves the right to reject any
<br />and all Bids at its sole discretion. Bids shall be awarded by the
<br />City after the City performs all necessary searches, inquiries,
<br />exploration, and analysis of the Bids. The Bid shall be awarded
<br />to the lowest responsible and responsive proposer whose Bid
<br />best serves the interests of and represents the best value to the
<br />City in conformity with the criteria set forth in Section 62-8 of
<br />the City Code. No Notice of Award will be given until the City
<br />has concluded any investigation(s) as they deem necessary to
<br />establish the Proposer's capability to perform the public works
<br />and Waste Management Services as described in this invitation
<br />to bid, as substantiated by the required professional experience,
<br />client references, technical knowledge and qualifications; and
<br />sufficient labor and equipment to comply with the City's
<br />established standards, as well as the financial capability of the
<br />Proposer to perform the Work in accordance with the Contract
<br />Documents to the satisfaction of the City within the time
<br />prescribed. The City reserves the right to reject the Bid of any
<br />Proposers on the basis of these queries and investigations and
<br />who does not meet the City's satisfaction, even though the firm
<br />may be the lowest dollars and cents Bid. In analyzing Bids, the
<br />City will also take into consideration client references, past work
<br />experience and work product, proven ability to satisfactorily
<br />perform If the Contract is awarded, the City will issue the
<br />Notice of Award and give the successful Proposers a Contract
<br />for execution within ninety (90) days after opening of Bids. The
<br />City specifically reserves the right to award the contract to a
<br />proposer who is not necessarily the lowest dollars and cents
<br />proposers on the basis of the results of these queries and
<br />investigation( s).
<br />
<br />1.34 Execution of Agreement:
<br />At least four counterparts of the Agreement the Performance
<br />Bond, the Certificates of Insurance and such other Documents
<br />as required by the Contract Documents shall be executed and
<br />delivered by Contractor to the City within ten (10) calendar
<br />days of receipt of the Notice of Award.
<br />
<br />1.35 Forfeiture of Bid Security, Performance Bond( If
<br />applicable): Within ten (10) calendar days of being notified of
<br />the award, Contractor shall furnish an executed agreement and
<br />attach a Performance Bond (containing all the provisions of the
<br />Performance Bond herein). The Performance Bond shall be in
<br />the amount of one hundred percent (100%) of the Contract
<br />Price guaranteeing to City the completion and performance of
<br />
<br />PAGE 8 OF 34
<br />BID No. 11-04-02
<br />
<br />the Work covered in such Contract as well as full payment of all
<br />suppliers, material man, laborers, or Sub-Contractors employed
<br />pursuant to this Project. Each Bond shall be with a Surety
<br />company meeting the qualifications of this document. Each
<br />Bond shall continue in effect for one and one half years after
<br />final completion and acceptance of the Work with the liability
<br />equal to one hundred percent (100%) of the Contract Sum.
<br />The Performance Bond shall be conditioned that Contractor will,
<br />upon notification by City, correct any defective or faulty Work or
<br />materials which appear within one and one half years after final
<br />completion of the Contract. Pursuant to the requirements of
<br />Section 255.05( 1), Florida Statutes, Contractor shall ensure that
<br />the Bond(s) referenced above shall be recorded in the public
<br />records of Miami-Dade County and provide City with evidence
<br />of such recording.
<br />
<br />1.35.1 Each Bond must be executed by a surety company
<br />authorized to do business in the State of Florida as a
<br />surety, having a resident agent in the State of Florida
<br />and having been in business with a record of
<br />successful continuous operation for at least five (5)
<br />years.
<br />
<br />1.35.2 The surety company shall hold a current certificate of
<br />authority as acceptable surety on federal bonds in
<br />accordance with the United States Department of
<br />Treasury Circular 570, current Revisions.
<br />
<br />1.35.3 The City will accept a surety bond from a company
<br />with a rating B+ or better.
<br />
<br />1.35.4 Failure of the successful Proposers to execute and
<br />deliver the Agreement and deliver the required bonds
<br />and Insurance Certificates shall be cause for the City
<br />to annul the Notice of Award and declare the Bid and
<br />any security therefore forfeited.
<br />
<br />1.36 Contractor's Pre-Start Representation: Contractor
<br />represents that they have familiarized themselves with, and
<br />assumes full responsibility for having familiarized themselves
<br />with the nature and extent of the Contract Documents, Work,
<br />locality, and with all local conditions and federal, State and local
<br />laws, ordinances, rules and regulations that may in any manner
<br />affect performance of the Work, and represents that they have
<br />correlated their study and observations with the requirements
<br />of the Contract Documents. Contractor also represents that
<br />they have studied all surveys and investigations reports of
<br />subsurface and latent physical conditions referred to in the
<br />specifications and made such additional surveys and
<br />investigations as they deem necessary for the performance of
<br />the Work in the Contract Documents and that they have
<br />correlated the results of all such data with the requirements of
<br />the Contract Documents.
<br />
<br />1.37 Commencement of Contract Time:
<br />The Contract Time will commence to run on the date stated in
<br />the Notice to Proceed.
<br />
<br />1.38 Starting the Project: Contractor shall start to perform
<br />their obligations under the Contract Documents on the
<br />date when the Contract Time commences to run. No
<br />Work shall be done at the site prior to the date on which
<br />the Contract Time commences to run, except with the
<br />written consent of the City.
<br />
<br />1.39 Before Starting Contract: Before undertaking each
<br />part of the Work, Contractor shall carefully study and compare
<br />
|