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<br />
<br />The City reserves the right in the event the primary vendor cannot
<br />provide an item(s) or service(s) in a timely manner as requested, to
<br />seek other sources without violating the intent of the Contract.
<br />
<br />the requirements and shall be presented to the City prior to
<br />issuance of any Contract(s) or Award(s) Document(s). The City of
<br />Sunny Isles Beach shall be named as "additional insured" with
<br />respect to this coverage. The required certificates of insurance
<br />shall not only name the types of policies provided, but shall also
<br />refer specifically to this Bid and section. At the time of Bid
<br />~ the Proposers must subm~ certificates of insurance as
<br />outlined in the General Conditions section. All required insurances
<br />shall name the City of Sunny Isles Beach as additional insured and
<br />such insurance shall be issued by companies authorized to issue
<br />insurance in the State of Florida. It shall be the responsibility of
<br />the Proposers and insurer to notify the City Manager of the City of
<br />Sunny Isles Beach of cancellation, lapse, or material modification of
<br />any insurance policies insuring the Proposers, which relate to the
<br />activities of such vendor and the Oty of Sunny Isles Beach. Such
<br />notification shall be in wnting, and shall be submitted to the City
<br />finance support service director thirty (30) days prior to
<br />cancellation of such policies. This requirement shall be reflected on
<br />the certificate of insurance. Failure to fully and satisfactorily
<br />comply with the city's insurance and bonding requirements set
<br />forth herein will authorize the City Manager to implement a
<br />rescission of the Bid award w~hout further City Commission action.
<br />The Proposers hereby holds the City harmless and agrees to
<br />indemnify City and covenants not to sue the City by virtue of such
<br />rescission.
<br />
<br />1.30
<br />
<br />DEFINmONS:
<br />
<br />Wherever used in these General Cond~ions or in the other Contract
<br />Documents, the following terms shall have the meaning indicated
<br />which shall be applicable to both the singular and plural thereof:
<br />
<br />Acceptance:
<br />
<br />Agreement:
<br />
<br />Addenda:
<br />
<br />1.25 ASSIGNMENT:
<br />
<br />Acceptance by the City of the Work as
<br />being fully complete in accordance w~h
<br />the Contract Documents subject to
<br />waiver of claims.
<br />
<br />The written Agreement between the City
<br />and the Contractor covering the Work to
<br />be performed, which includes the
<br />Contract Documents.
<br />
<br />Written or graphic instruments issued
<br />prior to the Bid Opening which modify
<br />or interpret the Contract Documents,
<br />Drawings and SpecifICations, by
<br />additKJn, deletions, c1arificatK>ns or
<br />corrections.
<br />
<br />Bid:
<br />
<br />Approved: Means approved by the Oty.
<br />
<br />The Contractor shall not transfer or assign the performance
<br />required by this Bid without prior written consent of the City
<br />Manager. Any award issued pursuant to the Request for
<br />QualificatiOns and monies which may be due hereunder are not
<br />assignable except w~h prior written approval of the City Manager.
<br />Further, in the event that the majority ownership or control of the
<br />Contractor changes hands subsequent to the award of this
<br />contract, Contractor shall promptly notify City in writing (via Un~ed
<br />States Postal Service - Certified Mail, Retum Receipt Requested) of
<br />such change in ownership or control at least thirty (30) days prior
<br />to such change and City shall have the right to terminate the
<br />contract upon sixty (60) days written notice, at City's sole
<br />discretion.
<br />
<br />The offer or Bid of the Proposers
<br />submitted on the prescribed form
<br />setting forth the prices for the Work to
<br />be performed.
<br />
<br />Bonds:
<br />
<br />Proposers: Any person, firm or corporation submitting a Bid for
<br />Work.
<br />
<br />1.26
<br />
<br />HOLD HARMLESSIINDEMNIFICATION:
<br />
<br />The Contractor shall indemnify, save harmless, and defend the City
<br />of Sunny Isles Beach, ~'s officers, agents and employees from and
<br />against any claims, demands or causes of act)Qn of whatsoever
<br />kind or nature arising out of error, omission, negligent act, conduct,
<br />or misconduct of the Contractor, their agents, servants or
<br />employees in the provision of goods or the performance of services
<br />pursuant to this Bid and / or from any procurement decision of the
<br />City including w~hout Iim~ation, awarding the Contract to the
<br />Contractor.
<br />
<br />Change Order:
<br />
<br />City:
<br />
<br />1.27 NON-CONFORMANCE TO CONTRACT:
<br />
<br />Contract Documents:
<br />
<br />The City of Sunny Isles Beach may withhold acceptance of, or
<br />reject ~ems which are found upon examination, not to meet the
<br />specification requirements. Upon written notifICation of rejection,
<br />items shall be removed within (5) calendar days by the vendor at
<br />their own expense and redelivered at their expense. Rejected
<br />goods left longer than thirty (30) calendar days will be regarded as
<br />abandoned and the City shall have the right to dispose of them as
<br />~ own property. Rejection for non-<:onformance or failure to meet
<br />delivery schedules may resu~ in the Contractor being found in
<br />default.
<br />
<br />1.28
<br />
<br />DEFAULT PROVISION:
<br />
<br />In case of defau~ by the Proposers or Contractor, the City of Sunny
<br />Isles Beach may procure the articles or services from other sources
<br />and hold the Proposers or Contractor responsible for any excess
<br />costs occasioned or incurred thereby.
<br />
<br />1.29 SECONDARY/OTHER VENDORS:
<br />
<br />Bid, performance bond and other
<br />instruments of security, fumished by the
<br />Contractor and their surety in
<br />accordance w~h the Contract
<br />Documents and in accordance with the
<br />law of the State of Florida.
<br />
<br />A written order to the Contractor signed
<br />by the City authorizing an addition,
<br />deletion or revision in the Work. or an
<br />adjustment in the Contract Price or the
<br />Contract Time issued after execution of
<br />the Agreement.
<br />
<br />City of Sunny Isles Beach, 18070 Collins
<br />Avenue, Sunny Isles Beach, Florida
<br />33160.
<br />
<br />Contract Documents shall
<br />include, Instructions to
<br />Proposers, Contractor's
<br />Bid, the Bonds, the Notice
<br />of Award, the Agreement
<br />between the City and
<br />Contractor as well as any
<br />addenda thereto, these
<br />General Conditions, Special
<br />Cond~ions, the Technical
<br />SpecifICations, Drawings
<br />and Modifications, Notice
<br />to Proceed, Request for
<br />QualificatiOns, Insurance
<br />Certificates, Change
<br />Orders and
<br />Acknowledgment of
<br />Conformance with the City
<br />of Sunny Isles Beach.
<br />
<br />City of Sunny Isles Beach I Request for Qualifications No. 11-11-02
<br />
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