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1.31
<br />Field order: A written order Issued by the City which
<br />clarifies or Interprets the Contract
<br />Documents or orders minor changes In the
<br />Work.
<br />Modification: Modification means any one of the
<br />.following: (a) a written amendment of the
<br />Contract Documents signed by both parties, .
<br />(b) a Change order, (c) a written
<br />clarification or interpretation If Issued by
<br />the City, or (d) a written order for minor
<br />change or alteration in the Work Issued by
<br />the City: A modification may only be Issued
<br />after execution of the Agreement.
<br />NoticeofAward; The written notice by City to the apparent
<br />successful Proposers stating that upon
<br />compliance with the conditions precedent
<br />to he fulfilled by him within the time
<br />specified, City will execute and deliver the
<br />Agreement to him.
<br />Samples: Physical examples which illustrate
<br />materials, equipment or workmanship and
<br />establish standards by which the Work will
<br />bejudged.
<br />Specifications: Those portions of the Contract Documents
<br />consisting of written technical descriptions
<br />of materials, equipment construction
<br />systems, standards and workmanship as
<br />applied to the Work.
<br />Statement of Services: The form furnished by the City which is to
<br />be used by the Contractor In requesting
<br />progress payments.
<br />Supplier: Any person or organization who supplies
<br />materials or equipment for the Work,
<br />Including that fabricated to a special design,
<br />but who.does not perform labor at the site.
<br />Work: Any and all obligations, duties and
<br />responsibilities necessary to the successful
<br />completion of the Project assigned to or
<br />undertaken by Contractor under the
<br />Contract Documents, Including all labor,
<br />materials, equipment and other incidentals,
<br />and the famishing thereof.
<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 to
<br />the Individual or to member of the firm or
<br />to an off car of the corporation for whom it
<br />Is Intended, or to an authorized
<br />representative or such Individual, firm, or
<br />corporation,. or If delivered at or sent by
<br />registered mail to the last business address
<br />known to them who gives the notice.
<br />Unless otherwise stated In writing, any
<br />notice to or demand upon the City under
<br />this Contract shall be delivered to the City.
<br />BID AWARD:
<br />The City reserves the right to reject any and all Bids at Its sole discretion.
<br />Bids shall be awarded by the City after the City performs all necessary
<br />searches, Inquiries, exploration, and analysis of the Bids. The Bid shall be
<br />awarded to the lowest responsible and responsive proposer whose Bid
<br />best serves the Interests of and represents the best value to the City In
<br />conformity with the criteria set forth in Section fit -B of the City Code. No
<br />1.32
<br />1.33
<br />1.34
<br />1.35
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<br />Notice of Award will be given until the City has concluded any
<br />Investigation(s) as they deem necessary to establish the Proposees
<br />capability to perform the Services as described In this RFP, ITB, RFQ or
<br />ITCl, as substantiated by the required professional experience, client
<br />references, technical knowledge and qualifications; and sufficient labor
<br />and equipment to comply with.the City's established standards, as well as
<br />the financial capability of the Proposer to perform the Work in
<br />accordance with the Contract Documents to the satisfaction of the City
<br />within the time prescribed. The City reserves the right to reject the Bid of
<br />any Proposers on the bails of these queries and investigations and who
<br />does not meet the City's satisfaction, even though the firm may be the
<br />lowest dollars and cents Bid. In analyzing Bids, the City will also take Into
<br />consideration client references, past work experience and work product,
<br />proven ability to satisfactorily perform. If the Contract Is awarded, the
<br />City will Issue the Notice of Award and give the successful Proposers a
<br />Contract for.executlon within ninety (90) days after opening of Bids. The
<br />City specifically reserves the right to award the contract to a proposer
<br />who Is not necessarily the lowest dollars and cents proposers on the basis
<br />of the results of these queries and Investigation(s).
<br />At least four counterparts of the Agreement, the Performance Bond, the
<br />Certificates of Insurance and such other Documents as required by. the
<br />Contract Documents shall.be executed and delivered by Contractor to the
<br />City within ten (30) calendar days of recelpt of.the Notice of Awa rd.
<br />LAWS AND REGULATIONS:
<br />The Contractor will give all notices and comply with all laws, ordinances,
<br />rules and regulations applicable to the Work. If the Contractor observes
<br />that the Specifications are at variance therewith, they will give the City
<br />prompt written notice thereof, and any necessary changes shall be
<br />adjusted by an appropriate modification. if the Contractor performs any
<br />Work knowing It to be contrary to such laws, ordinances, rules and
<br />regulations, and without such notice to the City, they will bear all costs
<br />arisingwherefrom.
<br />TAXES:
<br />The City of Sunny Isles Beach Is exempt from sales tax Imposed by the
<br />State and/or Federal Government. Florida Sales Tax Exemption No. 23-
<br />00-477131-54C appears on each purchase order. Exemption certificates
<br />areavailable upon request.
<br />In corisideratlon of the separate sum.of twenty-five dollars ($25.00) and
<br />othervaluable consideration, the Contractor shall defend, indemnify and
<br />hold harmless the City, Its officers, agents and employees, from or an
<br />account of any injuries or damages, received or sustained by any person
<br />or persons during or on account of any, operations connected with the
<br />Work described in the Contract Documents, or by or In consequence of
<br />any 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. The
<br />Contractor will defend, Indemnify and hold harmless the City and their
<br />agents or employees from and against all claims,. damages, losses and
<br />expenses including attorneys' fees arising out of or resulting from the
<br />performance of the Work, provided that any such claim damage, loss or
<br />expense (a) Is attributable to bodily Injury, sickness, disease or death, or
<br />to injury to or destruction of tangible property (other than Work itself)
<br />including the loss of use resulting wherefrom and (b) Is caused in whole
<br />or In part by any negligent act or omission of the Contractor, Sub -
<br />Contractor, anyone directly or indirectly employed by any of them or
<br />anyone for whose acts any of them may be liable, regardless of whether
<br />or not It is mused by a party indemnified hereunder. In the event that a
<br />court of competent jurisdiction determines that Sec. 725.06 (2), F.S. is
<br />applicable to this Work, then In Ileu of the above provisions of this
<br />section the parties agree that Contractor shall Indemnify, defend and
<br />hold harmless the City, their officers and employees, to the fullest extent
<br />authorized by Sec. 725.06 (2) F.S., which statutory provisions shall be
<br />deemed to be Incorporated herein by reference as if fully set forth
<br />herein. InAlle event that any action or proceeding is brought against City
<br />by reason of any such claim or demand, Contractor, upon written notice
<br />from City shall defend such action or proceeding by counsel satisfactory
<br />City of Sunny Isles Beach I Invitation to Bid No. 22-08-01
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