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<br />CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />Performance Standards: The desired results established for each type
<br />of Work described in the ITB, necessary to be
<br />deemed Satisfactory.
<br />
<br />Project: A task or series of tasks that the Contractor
<br />must complete in accordance with the
<br />Contract Documents.
<br />
<br />Project Manager: The individual(s) assigned by the City
<br />Manager or designee to manage the project.
<br />Quality Assurance: Those actions taken by
<br />the City to assure Services meet the
<br />Satisfactory Performance Standards
<br />established by the Contract Documents.
<br />
<br />Quality Control: Those actions taken by the Contractor to
<br />ensure the Contractor’s performance meets
<br />the Performance Standards.
<br />
<br />Re-Work: Corrective Work performed by the
<br />Contractor, at no cost to the City, to meet
<br />the Performance Standards.
<br />
<br />Responsive Bidder: The Bidder whose Bid conforms in all
<br />material respects to the terms and
<br />conditions included in the ITB.
<br />
<br />Responsible Bidder: The Bidder who has the capability in all
<br />respects to perform in full the contract
<br />requirements, as stated in the ITB, and the
<br />integrity and reliability that will assure good
<br />faith performance.
<br />
<br />Samples: Physical examples which illustrate materials,
<br />equipment or workmanship and establish
<br />standards by which the Work will be judged.
<br />
<br />Satisfactory: Work performed by the Contractor that has
<br />been determined through City inspection to
<br />meet the Performance Standards.
<br />
<br />Site(s): The location(s) where Work is to be
<br />performed under this Contract.
<br />
<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 />
<br />Statement of Services: The form furnished by the City which is to be
<br />used by the Contractor in requesting
<br />progress payments.
<br />
<br />
<br />Subcontractor: A person, firm, or corporation having a direct
<br />Contract with Contractor, including one who
<br />furnishes material, equipment or services
<br />necessary to perform the Work.
<br />
<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 />
<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 furnishing thereof.
<br />
<br />Written Notice: 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 />
<br />1.31 BID AWARD:
<br />
<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 Bidder whose Bid best
<br />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 Bidder’s capability
<br />to perform the Services as described in this RFP, ITB, RFQ or ITQ, as
<br />substantiated by the required professional experience, client references,
<br />technical knowledge and qualifications; and sufficient labor and
<br />equipment to comply with the City’s established standards, as well as the
<br />financial capability of the Bidder to perform the Work in accordance with
<br />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 Bidders on
<br />the basis of these queries and investigations and who does not meet the
<br />City’s satisfaction, even though the firm may be the lowest dollars and
<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 Bidders 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 Bidder who is not necessarily the
<br />lowest dollars and cents Bidders on the basis of the results of these queries
<br />and investigation(s).
<br />
<br />1.32 EXECUTION OF AGREEMENT:
<br />
<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 />
<br />1.33 LAWS AND REGULATIONS:
<br />
<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 />
<br />1.34 TAXES:
<br />
<br />The City of Sunny Isles Beach and City of North Miami Beach are exempt
<br />from sales tax imposed by the State and/or Federal Government. Florida
<br />Sales Tax Exemption No. from SIB, 23-00-477131-54C and from NMB, 85-
<br />2012740150C-3 appear on each purchase order. Exemption certificates
<br />are available upon request.
<br />
<br />1.35 DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
<br />
<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
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