|
<br />submitting a Bid on this Invitation to Bid shall include a copy of
<br />the company's local business tax/occupational license(s) with
<br />the Bid reSDonse. For information specific to City of Sunny Isles
<br />Beach local business tax/occupational licenses, please call Code
<br />Enforcement & Licensing at (305) 792-1705. If the contractor
<br />is operating under a fictitious name as defined in Section
<br />865.059, Florida Statutes, proof of current registration with the
<br />Florida Secretary of State shall be submitted with the Bid. A
<br />business formed by an attorney actively licensed to practice law
<br />in this state, by a person actively licensed by the Department of
<br />Business and Professional Regulations or the Department of
<br />Health for the purpose of practicing his or her licensed
<br />profession, or by any corporation, partnership, or other
<br />commercial entity that is actively organized or registered with
<br />the Department of State shall submit a copy of the current
<br />licensing from the appropriate agency and/or proof of current
<br />active status with the Division of Corporations of the State of
<br />Florida.
<br />
<br />1.24 Liability, Insurance, Permits and Licenses:
<br />Proposers shall assume the full duty, obligation, and expense of
<br />obtaining all necessary licenses, permits, inspections, and
<br />insurance required. The Proposers shall be liable for any
<br />damages or loss to the City occasioned by negligence of the
<br />Proposers (or their agent) or any person the Proposers has
<br />designated in the completion of their contract as a result of the
<br />Bid. Contractor shall be required to furnish a copy of all
<br />licenses, certificates of competency or other licensor
<br />requirements necessary to practice their profession as required
<br />by Florida State Statute, current building code, Miami-Dade
<br />County, and City of Sunny Isles Beach Code. Contractors shall
<br />include current Miami-Dade County Certificates of Competency.
<br />These documents shall be furnished to the City along with the
<br />Bid resoonse. Failure to furnish these documents or to have
<br />required licensor will be grounds for rejecting the Bid and
<br />forfeiture of the Bid Bond.
<br />
<br />1.25 Certificate(s) of Insurance: Proposers shall
<br />furnish to the Office of the City Clerk, City of Sunny Isles Beach,
<br />18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
<br />certificate(s) of insurance which indicate that insurance
<br />coverage has been obtained from an insurance company
<br />authorized to do business in the State of Florida or otherwise
<br />secured in a manner satisfactory to the City, for those coverage
<br />types and amounts listed in this document, in an amount equal
<br />to 100% of the requirements and shall be presented to the City
<br />prior to issuance of any Contract(s) or Award(s) Document(s).
<br />The City of Sunny Isles Beach shall be named as "additional
<br />insured" with respect to this coverage. The required certificates
<br />of insurance shall not only name the types of policies provided,
<br />but shall also refer specifically to this Bid and section. At the
<br />time of Bid submission the Proposers must submit certificates of
<br />insurance as outlined in the General Conditions section. All
<br />required insurances shall name the City of Sunny Isles Beach as
<br />additional insured and such insurance shall be issued by
<br />companies authorized to issue insurance in the State of Florida.
<br />It shall be the responsibility of the Proposers and insurer to
<br />notify the City Manager of the City of Sunny Isles Beach of
<br />cancellation, lapse, or material modification of any insurance
<br />policies insuring the Proposers, which relate to the activities of
<br />such vendor and the City of Sunny Isles Beach. Such
<br />notification shall be in writing, and shall be submitted to the
<br />City finance support service director thirty (30) days prior to
<br />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 />
<br />PAGE 6 OF 32
<br />BID No. 11-02-01
<br />
<br />Commission action. The Proposers hereby holds the City
<br />harmless and agrees to indemnify City and covenants not to sue
<br />the City by virtue of such rescission.
<br />
<br />1.26 Assignment: The Contractor shall not transfer or
<br />assign the performance required by this Bid without prior
<br />written consent of the City Manager. Any award issued
<br />pursuant to the Invitation to Bid and monies which may be due
<br />hereunder are not assignable except with prior written approval
<br />of the City Manager. Further, in the event that the majority
<br />ownership or control of the Contractor changes hands
<br />subsequent to the award of this contract, Contractor shall
<br />promptly notify City in writing (via United States Postal Service
<br />- Certified Mail, Return Receipt Requested) of such change in
<br />ownership or control at least thirty (30) days prior to such
<br />change and City shall have the right to terminate the contract
<br />upon sixty (60) days written notice, at City's sole discretion.
<br />
<br />1.27 Hold Harmless/Indemnification: The Contractor
<br />shall indemnify, save harmless, and defend the City of Sunny
<br />Isles Beach, it's officers, agents and employees from and
<br />against any claims, demands or causes of action of whatsoever
<br />kind or nature arising out of error, omission, negligent act,
<br />conduct, or misconduct of the Contractor, their agents, servants
<br />or employees in the provision of goods or the performance of
<br />services pursuant to this Bid and / or from any procurement
<br />decision of the City including without limitation, awarding the
<br />Contract to the Contractor.
<br />
<br />1.28 Non-conformance to Contract: The City of Sunny
<br />Isles Beach may withhold acceptance of, or reject items which
<br />are found upon examination, not to meet the specification
<br />requirements. Upon written notification of rejection, items shall
<br />be removed within (5) calendar days by the vendor at their own
<br />expense and redelivered at their expense. Rejected goods left
<br />longer than thirty (30) calendar days will be regarded as
<br />abandoned and the City shall have the right to dispose of them
<br />as its own property. Rejection for non-conformance or failure
<br />to meet delivery schedules may result in the Contractor being
<br />found in default.
<br />
<br />1.29 Default Provision: In case of default by the
<br />Proposers or Contractor, the City of Sunny Isles Beach may
<br />procure the articles or services from other sources and hold the
<br />Proposers or Contractor responsible for any excess costs
<br />occasioned or incurred thereby.
<br />
<br />1.30 Secondary/Other Vendors: the City reserves the
<br />right in the event the primary vendor cannot provide an item(s)
<br />or service(s) in a timely manner as requested, to seek other
<br />sources without violating the intent of the Contract.
<br />
<br />1.31 Time of completion: The time of completion of the
<br />work to be performed under this contract is the essence of the
<br />contract. Delays and extensions of time may be allowed only in
<br />accordance with the provisions stated in the appropriate section
<br />of the general conditions. The time allowed for the completion
<br />of the work shall be stated in the Contract.
<br />
<br />1.32 Definitions: Wherever used in these General
<br />Conditions or in the other Contract Documents, the following
<br />terms shall have the meaning indicated which shall be
<br />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 the Contract
<br />Documents subject to waiver of claims.
<br />
<br />Agreement: The written Agreement between the
<br />
|