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<br />1.31
<br />1.32
<br />1.33
<br />equipment, construction systems,
<br />standards and workmanship as applied to
<br />the Work.
<br />Statement of Services: The form furnished by the City which is
<br />to be used by the Contractor in
<br />requesting progress payments.
<br />Supplier: Any person or organization who supplies
<br />materials or equipment for the Work,
<br />including that fabricated to a special
<br />design, but who does not perform labor
<br />at the site.
<br />Work: Any and all obligations, duties and
<br />responsibilities necessary to the
<br />successful completion of the Project
<br />assigned to or undertaken by Contractor
<br />under the Contract Documents, including
<br />all labor, materials, equipment and other
<br />incidentals, and the furnishing 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 a member of the firm
<br />or to an officer of the corporation for
<br />whom it 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
<br />address known to them who gives the
<br />notice. Unless otherwise stated in
<br />writing, any notice to or demand upon
<br />the City under this Contract shall be
<br />delivered to the City.
<br />BID AWARD:
<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 performs
<br />all necessary searches, inquiries, exploration, and analysis of the
<br />Bids. The ITB shall be awarded to the lowest responsible and
<br />responsive Bidder whose Bid best serves the interests of and
<br />represents the best value to the City. No Notice of Award will be
<br />given until the City has concluded any investigation(s) as they deem
<br />necessary to establish the Proposer's capability to perform the
<br />Services as described in this RFP, IB, RFQ or ITQ, as substantiated
<br />by the required professional experience, client references, technical
<br />knowledge and qualifications; and sufficient labor and equipment to
<br />comply with the City's established standards, as well as the financial
<br />capability of the Proposer 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
<br />Proposers on the basis of these queries and investigations and who
<br />does not meet the City's satisfaction, even though the firm may be
<br />the lowest dollars and cents Bid. In analyzing Bids, the City will also
<br />take into consideration client references, past work experience and
<br />work product, proven ability to satisfactorily perform. If the Contract
<br />is awarded, the City will issue the Notice of Award and give the
<br />successful Proposers a Contract for execution within ninety (90) days
<br />after opening of Bids. The City specifically reserves the right to award
<br />the contract to a proposer who is not necessarily the lowest dollars
<br />and cents proposers on the basis of the results of these queries and
<br />investigation(s).
<br />EXECUTION OF AGREEMENT:
<br />At least four counterparts of the Agreement, the Performance Bond,
<br />the Certificates of Insurance and such other Documents as required
<br />by the Contract Documents shall be executed and delivered by
<br />Contractor to the City within ten (10) calendar days of receipt of the
<br />Notice of Award.
<br />LAWS AND REGULATIONS:
<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 therewith,
<br />they will give the City prompt written notice thereof, and any
<br />necessary changes shall be adjusted by an appropriate modification.
<br />1.34
<br />1.35
<br />1.36
<br />1.37
<br />If the Contractor performs any Work knowing it to be contrary to
<br />such laws, ordinances, rules and regulations, and without such notice
<br />to the City, they will bear all costs arising wherefrom.
<br />TAXES:
<br />The City of Sunny Isles Beach is exempt from sales tax imposed by
<br />the State and/or Federal Government. Florida Sales Tax Exemption
<br />No. 23-00-477131-54C appears on each'purchase order. Exemption
<br />certificates are available upon request.
<br />DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
<br />In consideration of the separate sum of twenty-five dollars ($25.00)
<br />and other valuable consideration, the Contractor shall defend,
<br />indemnify and hold harmleN the City, its officers, agents and
<br />employees, from or on account of any injuries or damages, received
<br />or sustained by any person or persons during or on account of any
<br />operations connected with the Work described in the Contract
<br />Documents, or by or in consequence of any negligence in connection
<br />with the same; or by use of any improper materials or by or on
<br />account of any act or omission of the said Contractor or his Sub -
<br />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
<br />expenses including attorneys' fees arising out of or resulting from
<br />the performance of the Work, provided that any such claim damage,
<br />loss or expense (a) is attributable to bodily injury, sickness, disease
<br />or death, or to injury to or destruction of tangible property (other
<br />than Work itself) including the loss of use resulting wherefrom and
<br />(b) is caused in whole or in part by any negligent act or omission of
<br />the Contractor, Sub -Contractor, anyone directly or indirectly
<br />employed by any of them or anyone for whose acts any of them may.
<br />be liable, regardless of whether or not it is caused by a party
<br />indemnified hereunder. In the event that a court of competent
<br />jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this
<br />Work, then in lieu of the above provisions of this section the parties
<br />agree that Contractor shall indemnify, defend and hold harmless the
<br />City, their officers and employees, to the fullest extent authorized by
<br />Sec. 725.06 (2) F.S., which statutory provisions shall be deemed to
<br />be incorporated herein by reference as if fully set forth herein. In
<br />the event that any action or proceeding is brought against City by
<br />reason of any such claim or demand, Contractor, upon written notice
<br />from City shall defend such action or proceeding by counsel
<br />satisfactory to City. The indemnification provided above shall
<br />obligate Contractor to defend at its own expense or to provide for
<br />such defense, at City's option, any and all claims of liability and all
<br />suits and actions of every name and description that may be brought
<br />against City, excluding only those which allege that the injuries arose
<br />out of the sole negligence of City, which may result from the
<br />operations and activities under this Contract whether the Work be
<br />performed by Contractor, its Sub -Contractors, or by anyone directly
<br />or indirectly employed by either.
<br />DECISIONS ON DISAGREEMENTS:
<br />The City will be the initial interpreter of the Technical Specifications.
<br />CITY MAY TERMINATE:
<br />If the Contractor is adjudged bankrupt or insolvent, or if they make
<br />a general assignment for the benefit of their creditors, or if a trustee
<br />or receiver is appointed for the Contractor or for any of their
<br />property, or if they file a petition to take advantage of any debtor's
<br />act, or to reorganize under bankruptcy or similar laws, or if they
<br />repeatedly fails to supply sufficient skilled workmen or suitable
<br />materials or equipment, or if they repeatedly fail to make prompt
<br />payments to Sub -Contractors or for labor, materials or equipment or
<br />they disregard laws, ordinances, rules, regulations or orders of any
<br />public body having jurisdiction, or if they disregard the authority of
<br />the City, of if they otherwise violate any provision of, the Contract
<br />Documents, then the City may, without prejudice to any other right
<br />or remedy and after giving the Contractor and the surety ten (10)
<br />days written notice, terminate the services of the Contractor and take
<br />possession of the Project and of all materials, equipment, tools,
<br />construction equipment and machinery thereon owned by the
<br />Contractor, and finish the Work by whatever method they may deem
<br />expedient. In such case the Contractor shall not be entitled to
<br />receive any further payment until the Work is finished. If the unpaid
<br />balance of the Contract Price exceeds the direct and indirect costs of
<br />completing the Project, including compensation for additional
<br />professional services, such excess shall be paid to the Contractor. If
<br />such costs exceed such unpaid balance, the Contractor will pay the
<br />difference to the City. Such costs incurred by the City will be
<br />determined by the City and incorporated in a Change Order. If after
<br />
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