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City of Sunny Isles Beach I Invitation to Bid No. 22-08-01 <br />City. of Sunny Isles Beach shall be named as "additional insured" with <br />Whereverused in these <br />General Conditions or In the other Contract <br />respect to this coverage. The required certificates of Insurance shall not <br />Documents, the following terms shall have the meaning indicated which <br />only name the types of policies provided, but shall also refer specifically <br />shall be applicable to both the singular and plural thereof. <br />to this Bid and section. At the time of Bid submission the Proposers must <br />submit certificates of Insurance as outlined In the General Conditions <br />Acceptance: <br />Acceptance by the City ofthe Work as being <br />section. All required insurances shall name the City of Sunny Isles Beach <br />fully complete in accordance with the <br />as additional Insured and such Insurance shall be issued by companies <br />Contract Documents subject to waiver of <br />authorized to issue insurance In the State of Florida. It shall be the <br />claims. <br />responsibility of the Proposers and Insurer to notify the City Manager of <br />the City of Sunny Isles Beach of cancellation, lapse, or material <br />Agreement: <br />The written Agreement between the City <br />modification of any insurance policies Insuring the Proposers, which <br />and the Contractor covering the Work to be <br />relate to the activities of such vendor and the City of Sunny Isles Beach. <br />performed, which Includes the Contract <br />Such notification shall be in writing, and shall be submitted to the City <br />Documents. <br />finance support service director thirty (30) days prior to cancellation of <br />such policies. This requirement shall be reflected on the certificate of <br />Addenda: <br />Written or graphic Instruments issued prior <br />insurance. Failure to fully and satisfactorily comply with the city's <br />to the Bid Opening which modify or <br />insurance and bonding requirements set forth herein will authorize the <br />Interpret the Contract Documents, <br />City Manager to Implement a rescission of the Bid award without further <br />Drawings and Specifications, by addition, <br />City Commission action. The Proposers hereby holds the City harmless <br />deletions, clarifications or corrections. <br />and agrees to indemnify City and covenants not to sue the City by virtue <br />of such rescission. <br />Approved: <br />Means approved by the City. <br />1.25 <br />ASSIGNMENT: <br />Bid: <br />The offer ofthe Proposers submitted on the <br />prescribed form setting forth the prices for <br />The Contractor shall not transfer or assign the performance required by <br />the Work to be performed. <br />this Bid without prior written consent of the City Manager. Any award <br />Issued pursuant to the Request for Proposal and monies which may be <br />Proposers: <br />Any person, firm or corporation submitting <br />due hereunder are not assignable except with prior written approval of <br />a Bid for Work. The terms "Bidder' and <br />the City Manager. Further, In the event that the majority ownership or <br />"vendor" shall have the same meaning. <br />control of the Contractor changes hands subsequent to the award of this <br />contract, Contractor shall promptly notify City in writing (via United <br />Bonds: <br />Bid, performance bond and other <br />States Postal Service —Certified Mall, Return Receipt Requested) of such <br />Instruments of security, furnished by the <br />change in ownership or control at least thirty (30) days prior to such <br />Contractor and their surety in accordance <br />change and City shall have the right to terminate the contract upon sixty <br />with the Contract Documents and In <br />(60) days written notice, at City's sole discretion. <br />accordance with the law of the State of <br />Florida. <br />1.26 <br />HOLD HARMLESS/INDEMNIFICATION: <br />Change Order: <br />A written order to the Contractor signed by <br />The Contractor shall indemnify, hold harmless, and defend the City of <br />the City authorizing an addition, deletion or <br />Sunny Isles Beach, it's officers, agents and employees from and against <br />revision In the Work, or an adjustment In <br />any claims, demands or causes of action of whatsoever kind or nature <br />the Contract Price or the Contract Time <br />arising out of error, omission, negligent act, conduct, or misconduct of <br />issued after execution ofthe Agreement. <br />the Contractor, their agents, servants or employees in the provision of <br />goods or the performance of services pursuant to this Bid and / or from <br />City: <br />City of Sunny Isles Beach, 18070 Collins <br />any procurement decision of the City including without limitation, <br />Avenue, Sunny Isles Beach, Florida 33160. <br />awarding the Contract to the Contractor. <br />Contract Documents: <br />Contract Documents shall Include, <br />1.27 <br />NON-CONFORMANCE TO CONTRACT: <br />Instructions to Proposers, Contractor's Bid, <br />the Bonds, the Notice of Award, the <br />The City of Sunny Isles Beach may withhold acceptance of, or reject items <br />Agreement between the City and <br />which are found upon examination, not to meet the specification <br />Contractor as well as any addenda thereto, <br />requirements. Upon written notification of rejection, items shall be <br />these General Conditions, Special <br />removed within (5) calendar days by the vendor at their own expense <br />Conditions, the Technical Specifications, <br />and redelivered at their expense. Rejected goods left longer than thirty <br />Drawings and Modifications, Notice to <br />(30) calendar days will be regarded as abandoned and the City shall have <br />Proceed, Request for Proposal, Insurance <br />the right to dispose of them as Its own property. Rejection for non- <br />Certificates, Change Orders and <br />conformance or failure to meet delivery schedules may result in the <br />Acknowledgment of Conformance with the <br />Contractor being found In default. <br />City of Sunny Isles Beach. <br />1.28 <br />DEFAULT PROVISION: <br />Contract Price: <br />The total monies payable to the Contractor <br />under the Contract Documents. <br />In case of default by the Proposers, the City of Sunny Isles Beach may <br />procure the articles. or services from other sources and hold the <br />Contract Time: <br />The number of calendar days stated in the <br />Proposers responsible for any excess costs occasioned or incurred <br />Agreement for the completion of the Work. <br />thereby. <br />Contracting Officer: <br />The individual who is authorized to sign the <br />1.29 <br />SECONDARY/OTHER VENDORS: <br />contract documents on behalf of the City's <br />governing body. <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 seek <br />Contractor: <br />The person, firm or corporation with whom <br />other sources without violating the Intent ofthe Contract. <br />the City has executed this Agreement. <br />130 <br />DEFINITIONS: <br />Day: <br />A calendar day of twenty-four hours <br />measured from midnight to the next <br />midnight. <br />City of Sunny Isles Beach I Invitation to Bid No. 22-08-01 <br />