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1.31 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 62-8 of the City Code. No
<br />Notice of Award will be given until the City has concluded any
<br />investigation(s) as they deem necessary to establish the Proposers
<br />capability to perform the Services as described in this RFP, ITB, RFP, RTQ
<br />or ITQ, 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 ofthe Proposer to perform the Work in accordance
<br />with the Contract Documents to the satisfaction of the City within the time
<br />prescribed. The City reserves the right to reject the Bid of any Proposers
<br />on the basis of these queries and investigations and who does not meet
<br />the City's satisfaction, even though the firm may be the lowest dollars and
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<br />cents Bid. In analyzing Bids, the City will also take into consideration client
<br />references, past work experience and work product, proven ability to
<br />satisfactorily perform. If the Contract is awarded, the City will issue the
<br />Notice of Award and give the successful Proposers a Contract for execution
<br />within ninety (90) days after opening of Bids. The City specifically reserves
<br />the right 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 these
<br />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 (10) calendar days of receipt of the Notice of Award.
<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 />arising wherefrom.
<br />TAXES
<br />The City of Sunny Isles Beach is exempt from sales tax imposed by the State
<br />and/or Federal Government. Florida Sales Tax Exemption No. 23-00-
<br />477131-54C appears on each purchase order. Exemption certificates are
<br />available upon request.
<br />DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
<br />In consideration of the separate sum of twenty-five dollars ($25.00) and
<br />other valuable consideration, the Contractor shall defend, indemnify and
<br />hold harmless the City, its officers, agents and employees, from or on
<br />account of any injuries or damages, received or sustained by any person or
<br />persons during or on account of any operations connected with the Work
<br />described in 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 Contractor
<br />or his Sub -Contractor, agents, servants or employees. The Contractor will
<br />defend, indemnify and hold harmless the City and their agents or
<br />employees from and against all claims, damages, losses and expenses
<br />including attorneys' fees arising out of or resulting from the performance
<br />of the Work, provided that any such claim damage, loss or expense (a) is
<br />attributable to bodily injury, sickness, disease or death, or to injury to or
<br />destruction oftangible property (other than Work itself) including the loss
<br />of use 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 acts
<br />any of them may be liable, regardless of whether or not it is caused by a
<br />party indemnified hereunder. In the event that a court of competent
<br />jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work,
<br />then in lieu of the above provisions of this section the parties agree that
<br />Contractor shall indemnify, defend and hold harmless the City, their
<br />officers and employees, to the fullest extent authorized by Sec. 725.06 (2)
<br />F.S., which statutory provisions shall be deemed to be incorporated herein
<br />by reference 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 demand,
<br />Contractor, upon written notice from City shall defend such action or
<br />proceeding by counsel satisfactory to City. The indemnification provided
<br />above shall obligate Contractorto defend at its own expense or to provide
<br />for such defense, at City's option, any and all claims of liability and all suits
<br />and actions of every name and description that may be brought against
<br />City, excluding only those which allege that the injuries arose out of the
<br />sole negligence of City, which may result from the operations and activities
<br />under this Contract whether the Work be performed by Contractor, its
<br />Sub -Contractors, or by anyone directly or indirectly employed by either.
<br />The City will be the initial interpreter of the Technical Specifications.
<br />City of Sunny Isles Beach I Request to Qualify No. 22-12-01
<br />or interpretation if issued by the City, or (d)
<br />a written order for minor change or
<br />alteration in the Work issued by the City. A
<br />modification may only be issued after
<br />execution of the Agreement.
<br />Notice of Award:
<br />The written notice by City to the apparent
<br />successful Proposers stating that upon
<br />compliance with the conditions precedent to
<br />be fulfilled by him within the time specified,
<br />City will execute and deliver the Agreement
<br />to him.
<br />Samples:
<br />Physical examples which illustrate materials,
<br />equipment or workmanship and establish
<br />standards by which the Work will be judged.
<br />Specifications:
<br />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:
<br />The form furnished by the City which is to be
<br />used by the Contractor in requesting
<br />progress payments.
<br />Supplier:
<br />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:
<br />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 furnishing thereof.
<br />Written Notice:
<br />The term "Notice" as used herein shall mean
<br />and include all written notices, demands,
<br />instructions, claims, approvals and
<br />disapproval's required to obtain compliance
<br />with Contract requirements. Written notice
<br />shall be deemed to have been duly served if
<br />delivered in person to the individual or to a
<br />member of the firm or to an officer of the
<br />corporation for whom it is intended, or to an
<br />authorized representative or such individual,
<br />firm, or corporation, or if delivered at or sent
<br />by registered mail to the last business
<br />address known to them who gives the
<br />notice. Unless otherwise stated in writing,
<br />any notice to or demand upon the City under
<br />this Contract shall be delivered to the City.
<br />1.31 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 62-8 of the City Code. No
<br />Notice of Award will be given until the City has concluded any
<br />investigation(s) as they deem necessary to establish the Proposers
<br />capability to perform the Services as described in this RFP, ITB, RFP, RTQ
<br />or ITQ, 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 ofthe Proposer to perform the Work in accordance
<br />with the Contract Documents to the satisfaction of the City within the time
<br />prescribed. The City reserves the right to reject the Bid of any Proposers
<br />on the basis of these queries and investigations and who does not meet
<br />the City's satisfaction, even though the firm may be the lowest dollars and
<br />1.32
<br />1.33
<br />1.34
<br />1.35
<br />1.36
<br />Ly?), Uf SUN Pr
<br />cents Bid. In analyzing Bids, the City will also take into consideration client
<br />references, past work experience and work product, proven ability to
<br />satisfactorily perform. If the Contract is awarded, the City will issue the
<br />Notice of Award and give the successful Proposers a Contract for execution
<br />within ninety (90) days after opening of Bids. The City specifically reserves
<br />the right 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 these
<br />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 (10) calendar days of receipt of the Notice of Award.
<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 />arising wherefrom.
<br />TAXES
<br />The City of Sunny Isles Beach is exempt from sales tax imposed by the State
<br />and/or Federal Government. Florida Sales Tax Exemption No. 23-00-
<br />477131-54C appears on each purchase order. Exemption certificates are
<br />available upon request.
<br />DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
<br />In consideration of the separate sum of twenty-five dollars ($25.00) and
<br />other valuable consideration, the Contractor shall defend, indemnify and
<br />hold harmless the City, its officers, agents and employees, from or on
<br />account of any injuries or damages, received or sustained by any person or
<br />persons during or on account of any operations connected with the Work
<br />described in 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 Contractor
<br />or his Sub -Contractor, agents, servants or employees. The Contractor will
<br />defend, indemnify and hold harmless the City and their agents or
<br />employees from and against all claims, damages, losses and expenses
<br />including attorneys' fees arising out of or resulting from the performance
<br />of the Work, provided that any such claim damage, loss or expense (a) is
<br />attributable to bodily injury, sickness, disease or death, or to injury to or
<br />destruction oftangible property (other than Work itself) including the loss
<br />of use 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 acts
<br />any of them may be liable, regardless of whether or not it is caused by a
<br />party indemnified hereunder. In the event that a court of competent
<br />jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work,
<br />then in lieu of the above provisions of this section the parties agree that
<br />Contractor shall indemnify, defend and hold harmless the City, their
<br />officers and employees, to the fullest extent authorized by Sec. 725.06 (2)
<br />F.S., which statutory provisions shall be deemed to be incorporated herein
<br />by reference 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 demand,
<br />Contractor, upon written notice from City shall defend such action or
<br />proceeding by counsel satisfactory to City. The indemnification provided
<br />above shall obligate Contractorto defend at its own expense or to provide
<br />for such defense, at City's option, any and all claims of liability and all suits
<br />and actions of every name and description that may be brought against
<br />City, excluding only those which allege that the injuries arose out of the
<br />sole negligence of City, which may result from the operations and activities
<br />under this Contract whether the Work be performed by Contractor, its
<br />Sub -Contractors, or by anyone directly or indirectly employed by either.
<br />The City will be the initial interpreter of the Technical Specifications.
<br />City of Sunny Isles Beach I Request to Qualify No. 22-12-01
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