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<br />CITY OF SUNNY ISLES BEACH |INVITATION TO BID NO. 19-08-01 7
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<br />Work issued by the City. A modification
<br />may only be issued after execution of
<br />the Agreement.
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<br />Notice of Award: The written notice by City to the
<br />apparent successful Proposers stating
<br />that upon compliance with the
<br />conditions precedent to be fulfilled by
<br />him within the time specified, City will
<br />execute and deliver the Agreement to
<br />him.
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<br />Samples: Physical examples which illustrate
<br />materials, equipment or workmanship
<br />and establish standards by which the
<br />Work will be judged.
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<br />Specifications: Those portions of the Contract
<br />Documents consisting of written
<br />technical descriptions of materials,
<br />equipment, construction systems,
<br />standards and workmanship as applied
<br />to the Work.
<br />
<br />Statement of Services: The form furnished by the City which is
<br />to be used by the Contractor in
<br />requesting progress payments.
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<br />Supplier: Any person or organization who supplies
<br />materials or equipment for the Work,
<br />including that fabricated to a special
<br />design, but who does not perform labor
<br />at the site.
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<br />Work: Any and all obligations, duties and
<br />responsibilities necessary to the
<br />successful completion of the Project
<br />assigned to or undertaken by Contractor
<br />under the Contract Documents,
<br />including all labor, materials, equipment
<br />and other incidentals, and the furnishing
<br />thereof.
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<br />Written Notice: The term “Notice” as used herein shall
<br />mean and include all written notices,
<br />demands, instructions, claims, approvals
<br />and disapproval’s required to obtain
<br />compliance with Contract requirements.
<br />Written notice shall be deemed to have
<br />been duly served if delivered in person
<br />to the individual or to a member of the
<br />firm or to an officer of the corporation
<br />for whom it is intended, or to an
<br />authorized representative or such
<br />individual, firm, or corporation, or if
<br />delivered at or sent by registered mail to
<br />the last business address known to
<br />them who gives the notice. Unless
<br />otherwise stated in writing, any notice
<br />to or demand upon the City under this
<br />Contract shall be delivered to the City.
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<br />1.31 BID AWARD:
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<br />The City reserves the right to reject any and all Bids at its sole
<br />discretion. Bids shall be awarded by the City after the City
<br />performs all necessary searches, inquiries, exploration, and analysis
<br />of the Bids. The Bid shall be awarded to the lowest responsible
<br />and responsive proposer whose Bid best serves the interests of and
<br />represents the best value to the City in conformity with the criteria
<br />set forth in Section 62-8 of the City Code. No Notice of Award will
<br />be given until the City has concluded any investigation(s) as they
<br />deem necessary to establish the Proposer’s capability to perform
<br />the Services as described in this RFP, ITB, RFQ or ITQ, as
<br />substantiated by the required professional experience, client
<br />references, technical knowledge and qualifications; and sufficient
<br />labor and equipment to comply with the City’s established
<br />standards, as well as the financial capability of the Proposer to
<br />perform the Work in accordance with the Contract Documents to
<br />the satisfaction of the City within the time prescribed. The City
<br />reserves the right to reject the Bid of any Proposers on the basis of
<br />these queries and investigations and who does not meet the City’s
<br />satisfaction, even though the firm may be the lowest dollars and
<br />cents Bid. In analyzing Bids, the City will also take into
<br />consideration client references, past work experience and work
<br />product, proven ability to satisfactorily perform. If the Contract is
<br />awarded, the City will issue the Notice of Award and give the
<br />successful Proposers a Contract for execution within ninety (90)
<br />days after opening of Bids. The City specifically reserves the right
<br />to award the contract to a proposer who is not necessarily the
<br />lowest dollars and cents proposers on the basis of the results of
<br />these queries and investigation(s).
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<br />1.32 EXECUTION OF AGREEMENT:
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<br />At least four counterparts of the Agreement, the Performance
<br />Bond, the Certificates of Insurance and such other Documents as
<br />required by the Contract Documents shall be executed and
<br />delivered by Contractor to the City within ten (10) calendar days of
<br />receipt of the Notice of Award.
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<br />1.33 LAWS AND REGULATIONS:
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<br />The Contractor will give all notices and comply with all laws,
<br />ordinances, rules and regulations applicable to the Work. If the
<br />Contractor observes that the Specifications are at variance
<br />therewith, they will give the City prompt written notice thereof, and
<br />any necessary changes shall be adjusted by an appropriate
<br />modification. If the Contractor performs any Work knowing it to be
<br />contrary to such laws, ordinances, rules and regulations, and
<br />without such notice to the City, they will bear all costs arising
<br />wherefrom.
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<br />1.34 TAXES:
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<br />The City of Sunny Isles Beach is exempt from sales tax imposed by
<br />the State and/or Federal Government. Florida Sales Tax Exemption
<br />No. 85-8012694687C-4 appears on each purchase order.
<br />Exemption certificates are available upon request.
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<br />1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
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<br />In consideration of the separate sum of twenty-five dollars ($25.00)
<br />and other valuable consideration, the Contractor shall defend,
<br />indemnify and hold harmless the City, its officers, agents and
<br />employees, from or on account of any injuries or damages,
<br />received or sustained by any person or persons during or on
<br />account of any operations connected with the Work described in
<br />the Contract Documents, or by or in consequence of any
<br />negligence in connection with the same; or by use of any improper
<br />materials or by or on account of any act or omission of the said
<br />Contractor or his Sub-Contractor, agents, servants or employees.
<br />The Contractor will defend, indemnify and hold harmless the City
<br />and their agents or employees from and against all claims,
<br />damages, losses and expenses including attorneys' fees arising out
<br />of or resulting from the performance of the Work, provided that
<br />any such claim damage, loss or expense (a) is attributable to bodily
<br />injury, sickness, disease or death, or to injury to or destruction of
<br />tangible property (other than Work itself) including the loss of use
<br />resulting wherefrom and (b) is caused in whole or in part by any
<br />negligent act or omission of the Contractor, Sub-Contractor, anyone
<br />directly or indirectly employed by any of them or anyone for whose
<br />acts any of them may be liable, regardless of whether or not it is
<br />caused by a party indemnified hereunder. In the event that a court
<br />of competent jurisdiction determines that Sec. 725.06 (2), F.S. is
<br />applicable to this Work, then in lieu of the above provisions of this
<br />section the parties agree that Contractor shall indemnify, defend
<br />and hold harmless the City, their officers and employees, to the
<br />fullest extent authorized by Sec. 725.06 (2) F.S., which statutory
<br />provisions shall be deemed to be incorporated herein by reference
<br />as if fully set forth herein. In the event that any action or
<br />proceeding is brought against City by reason of any such claim or
<br />demand, Contractor, upon written notice from City shall defend
<br />such action or proceeding by counsel satisfactory to City. The
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