|
<br />City of Sunny Isles Beach |Request for Proposal No. 22-09-01 8
<br />
<br />the Contract Documents signed by
<br />both parties, (b) a Change Order, (c) a
<br />written clarification or interpretation
<br />if issued by the City, or (d) a written
<br />order for minor change or alteration in
<br />the Work issued by the City. A
<br />modification may only be issued after
<br />execution of the Agreement.
<br />
<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.
<br />
<br />Samples: Physical examples which illustrate
<br />materials, equipment or workmanship
<br />and establish standards by which the
<br />Work will be judged.
<br />
<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
<br />applied to the Work.
<br />
<br />Statement of Services: The form furnished by the City which
<br />is to be used by the Contractor in
<br />requesting progress payments.
<br />
<br />Supplier: Any person or organization who
<br />supplies materials or equipment for
<br />the Work, including that fabricated to
<br />a special design, but who does not
<br />perform labor at the site.
<br />
<br />Work: Any and all obligations, duties and
<br />responsibilities necessary to the
<br />successful completion of the Lease
<br />assigned to or undertaken by Tenant
<br />under the Contract Documents,
<br />including all Tenant Improvements,
<br />build-out obligations, labor, materials,
<br />equipment and other incidentals, and
<br />the furnishing thereof. Tenant
<br />Improvements means all
<br />improvements to the Premises of a
<br />fixed and permanent nature, which
<br />the Tenant shall construct or caused
<br />to be constructed at its own expense,
<br />including but not limited to all
<br />furnishing, fixtures, and equipment
<br />for the operation of the restaurant
<br />(the "Tenant Improvements").
<br />
<br />Written Notice: The term “Notice” as used herein shall
<br />mean and include all written notices,
<br />demands, instructions, claims,
<br />approvals and disapproval’s required
<br />to obtain compliance with Contract
<br />requirements. Written notice shall be
<br />deemed to have been duly served if
<br />delivered in person to the individual
<br />or to a member of the firm or to an
<br />officer of the corporation for whom it
<br />is intended, or to an authorized
<br />representative or such individual,
<br />firm, or corporation, or if delivered at
<br />or sent by registered mail to the last
<br />business address known to them who
<br />gives the notice. Unless otherwise
<br />stated in writing, any notice to or
<br />demand upon the City under this
<br />Contract shall be delivered to the City.
<br />
<br />1.31 BID AWARD:
<br />
<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
<br />analysis of the Bids. The RFP shall be awarded to the highest
<br />ranked responsive and responsible Bidder whose Bid best
<br />serves the interests of and represents the best value to the
<br />City.No Notice of Award will be given until the City has
<br />concluded any investigation(s) as they deem necessary to
<br />establish the Proposer’s capability to perform the Services as
<br />described in this RFP, ITB, RFQ or ITQ, as substantiated by the
<br />required professional experience, client references, technical
<br />knowledge and qualifications; and sufficient labor and
<br />equipment to comply with the City’s established standards, as
<br />well as the financial capability of the Proposer to perform the
<br />Work in accordance with the Contract Documents to the
<br />satisfaction of the City within the time prescribed. The City
<br />reserves the right to reject the Bid of any Proposers on the basis
<br />of these queries and investigations and who does not meet the
<br />City’s satisfaction, even though the firm may be the lowest
<br />dollars and cents Bid. In analyzing Bids, the City will also take
<br />into consideration client references, past work experience and
<br />work product, proven ability to satisfactorily perform. If the
<br />Contract is awarded, the City will issue the Notice of Award and
<br />give the successful Proposers a Contract for execution within
<br />ninety (90) days after opening of Bids. The City specifically
<br />reserves the right to award the contract to a proposer who is
<br />not necessarily the lowest dollars and cents proposers on the
<br />basis of the results of these queries and investigation(s).
<br />
<br />1.32 EXECUTION OF AGREEMENT:
<br />
<br />At least four counterparts of the Agreement, the Performance
<br />Bond, the Certificates of Insurance and such other Documents
<br />as required by the Contract Documents shall be executed and
<br />delivered by Contractor to the City within ten (10) calendar days
<br />of receipt of the Notice of Award.
<br />
<br />1.33 LAWS AND REGULATIONS:
<br />
<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,
<br />and any necessary changes shall be adjusted by an appropriate
<br />modification. If the Contractor performs any Work knowing it
<br />to be contrary to such laws, ordinances, rules and regulations,
<br />and without such notice to the City, they will bear all costs
<br />arising wherefrom.
<br />
<br />1.34 TAXES:
|