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<br /> include current Miami-Dade County Certificates of Competency. delivery schedules may result in the Contractor being found in
<br /> These documents shall be furnished to the City along with the default.
<br /> Proposal response. Failure to furnish these documents or to have
<br /> required licensor will be grounds for rejecting the Proposal. 1.28 DEFAULT PROVISION;
<br /> 1.24 CERTIFICATE(S)OF INSURANCE: In case of default by the Proposers,the City of Sunny Isles Beach
<br /> may procure the articles or services from other sources and hold
<br /> Proposers shall furnish to the Office of the City Clerk,City of Sunny the Proposers responsible for any excess costs occasioned or
<br /> Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida incurred thereby.
<br /> 33160, certificate(s) of insurance which indicate that insurance
<br /> coverage has been obtained from an insurance company authorized 1.29 SECONDARY/OTHER VENDORS:
<br /> to do business in the State of Florida or otherwise secured in a
<br /> manner satisfactory to the City, for those coverage types and The City reserves the right in the event the primary vendor cannot
<br /> amounts listed in this document,in an amount equal to 100%of provide an item(s)or service(s)in a timely manner as requested,to
<br /> the requirements and shall be presented to the City prior to seek other sources without violating the intent of the Contract
<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 1.30 DEFINITIONS:
<br /> respect to this coverage. The required certificates of insurance
<br /> shall not only name the types of policies provided,but shall also Wherever used ir,these General Conditions or in the other Contact
<br /> refer specifically to this Proposal and section. At the time of Documents,the following terms shall have the meaning indicated
<br /> Proposal submission the Proposers must submit certificates of which shall be applicable to both the singular and plural thereof:
<br /> insurance as outlined in the General Conditions section. All
<br /> . required insurances shall name the City of Sunny Isles Beach as Acceptance: Acceptance by the City of the Work as
<br /> additional insured and such insurance shall be issued by companies being fully complete in accordance with
<br /> authorized to issue insurance in the State of Florida..It shall be the the Contract Documents subject to
<br /> responsibility of the Proposers and insurer to notify the City waiver of claims.
<br /> Manager of the City of Sunny Isles Beach of cancellation,lapse,or
<br /> ralerial modification of any insurance policies insuring the Agreement: The written Agreement bet.een the City
<br /> Proposers,which relate to the activities of such vendor and the City and the Contractor covering the Work to
<br /> of Sunny Isles Beach. Such notification shall be in writing,and be performed, which includes the
<br /> shall be submitted to the City finance support service director thirty Contract Documents.
<br /> (30)days prior to cancellation of such policies. This requirement
<br /> shall be reflected on the certificate of insurance. Failure to fully Addenda: Written or graphic instruments issued
<br /> and satisfactorily comply with the city's insurance and bonding prior to the Proposal Opening which
<br /> requirements set forth herein will authorize the City Manager to modify or interpret the Contract
<br /> implement a rescission of the Proposal award without further City .Documents, Drawings and
<br /> Commission action. The Proposers hereby holds the City harmless Specifications, by addition, deletions,
<br /> and agrees to indemnify City and covenants not to sue the City by clarifications or corrections.
<br /> virtue of such rescission.
<br /> Approved: Means approved by the City.
<br /> 1.25 ASSIGNMENT:
<br /> Proposal: The offer of the Proposers submitted on
<br /> The Contractor shall not transfer or assign the performance the prescribed form setting forth the
<br /> required by this Proposal without prior written consent of the City prices for the Work to be performed.
<br /> Manager. Any award issued pursuant to the Request for Proposal
<br /> and monies which may be due hereunder are not assignable except Proposers: Any person, firm or corporation
<br /> with prior written approval of the City Manager.' Further, in the submitting a Proposal for Work.
<br /> event that the majority ownership or control of the Contractor
<br /> changes hands subsequent to the award of this contract, Bonds: Proposal, performance bond and other
<br /> Contractor shall promptly notify City in writing(via United States instruments of security,furnished by the
<br /> Postal Service—Certified Mail,Return Receipt Requested)of such Contractor and their surety in
<br /> change in ownership or control at least thirty(30)days prior to accordance with the Contract
<br /> such change and City shall have the right to terminate the contract Documents and in accordance with the
<br /> upon sixty(60)days written notice,at City's sole discretion. law of the State of Florida.
<br /> 1.26 HOLD HARMLESS/INDEMNIFICATION: Change Order: A written order to the Contractor signed
<br /> by the City authorizing an addition,
<br /> The Contractor shall indemnify,hold harmless,and defend the City deletion or revision in the Work,or an
<br /> of Sunny Isles Beach,it's officers,agents and employees from and adjustment in the Contract Price or the
<br /> against any claims, demands or causes of action of whatsoever Contract Time issued after execution of
<br /> kind or nature arising out of error,omission,negligent act,conduct, the Agreement.
<br /> or misconduct of the Contractor, their agents, servants or
<br /> employees in the provision of goods or the performance of services City: City of Sunny Isles Beach,18070 Collins
<br /> pursuant to this Proposal and/or from any procurement decision Avenue, Sunny Isles Beach, Florida
<br /> of the City including without limitatior•.,'awarding the Contract tc 33160.
<br /> the Contractor.
<br /> Contract Documents: Contract Documents shall include,
<br /> 1.27 NON-CONFORMANCETOCONTRACT: Instructions to Proposers, Contractor's
<br /> Proposal, the Bonds, the Notice of
<br /> The City of Sunny Isles Beach may withhold acceptance of, or Award,the Agreement between the City
<br /> reject items which are found upon examination, not to meet the and Contractor as well as any addenda
<br /> specification requirements. Upon written notification of rejection, thereto, these General Conditions,
<br /> items shall be removed within(5)calendar days by the vendor at Special Conditions, the Technical
<br /> their own expense and redelivered at their expense. Rejected Specifications, Drawings and
<br /> goods left longer than thirty(30)calendar days will be regarded as Modifications, Notice to Proceed,
<br /> abandoned and the City shall have the right to dispose of them as Request for Proposal, Insurance
<br /> its own property. Rejection for non-conformance or failure to meet Certificates, Change Orders and
<br /> I REQUEST FOR PROPOSAL NO. 19-07-02 6
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