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<br />City of Sunny Isles Beach | ITB 24-06-02 Citywide Landscape Maintenance Services 12
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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 />The City Manager hereby authorizes the Project
<br />Manager(s) to determine, all questions of any nature
<br />whatsoever arising out of, under or in connection with, or
<br />in any way relating to or on account of the Work, and
<br />questions as to the interpretation of the Work to be
<br />performed under the Contract Documents. The Project
<br />Manager may delegate some of the authority contained in
<br />the Article to the Consultant.
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<br />The Contractor is bound by all determinations or orders of
<br />the Project Manager(s) and must promptly respond to
<br />requests of the Project Manager(s), including the
<br />withdrawal or modification of any previous order, and
<br />regardless of whether the Contractor agrees with the
<br />Project Manager’s determination or requests. Where
<br />requests are made orally, the Project Manager(s) will follow
<br />up in writing, as soon thereafter is practicable.
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<br />The Project Manager(s) and Consultant have authority to
<br />act on behalf of the City to the extent provided by the
<br />Contract, unless otherwise modified in writing by the City.
<br />All instructions to the Contractor will be issued through the
<br />City Manager or designee or the Project Manager.
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<br />The Project Manager(s) will not be responsible for
<br />construction means, methods, techniques, sequences or
<br />procedures, or for safety precautions and programs in
<br />connection with the Work, and will not be responsible for
<br />the Contractor’s failure to carry out the Work in accordance
<br />with the Contract Documents.
<br />
<br />All interpretations and recommendations of the Project
<br />Manager(s) and Consultant will be consistent with the
<br />intent of the Contract Documents.
<br />
<br />Interpretation of the Contract terms and conditions will be
<br />issued by the City’s Procurement Manager.
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<br />The Project Manager(s) and Consultant will have authority
<br />to reject Work that does not conform to the Contract
<br />Documents. Whenever, in their opinion, it is considered
<br />necessary or advisable to ensure the proper completion of
<br />Work the Project Manager or Consultant have authority to
<br />require special inspections or testing of the Work, whether
<br />or not such Work is fabricated, installed or completed.
<br />
<br />The Project Manager’s authority to act under this
<br />paragraph, or any decision made in good faith either to
<br />exercise or not to exercise such authority, give rise to any
<br />duty or responsibility of the Project Manager to the
<br />Contractor, any subcontractor, supplier or any of their
<br />agents, employees, or any other person performing any of
<br />the Work.
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<br />The Project Manager is not responsible for the acts or
<br />omissions of the Contractor, any Subcontractor, or any of
<br />their agents or employees, or any other persons
<br />performing any of the Work.
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<br />1.55 HURRICANE PREPAREDNESS:
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<br />During such time as are designated by the United States
<br />Weather Bureau or Miami-Dade County as being a severe
<br />weather event, including a hurricane or tropical watch or
<br />warning, the Contractor, at no cost to the City, must take
<br />all precautions necessary to secure any Work in response
<br />o all threatened storm events, regardless of whether the
<br />Contractor has been given notice of same, in accordance
<br />with the Miami-Dade County Code.
<br />
<br />Compliance with any specific severe weather event or alert
<br />precautions will not constitute additional work. In the
<br />event of a severe weather event, the City must be a priority
<br />client to the Contractor. At a minimum, Contractor must
<br />respond to the City’s request in accordance with its
<br />Emergency Response Plan under Article 2.34.
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<br />1.56 TIME FOR COMPLETION:
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<br />Time is of the essence with regard to completion of the
<br />Work to be performed under the Contract. Contractor will
<br />promptly perform its duties under the Contract and will
<br />give the Work as much priority as is necessary to cause the
<br />Work to be completed on a timely basis.
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<br />Delays and extensions of time may be allowed only in
<br />accordance with the provisions of the Contract. The time
<br />allowed for completion of the work will be stated in the Bid.
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<br />1.57 PROHIBITION AGAINST CONTRACTING WITH
<br />SCRUTINIZED COMPANIES:
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<br />Pursuant to Florida Statutes Section 287.135, and subject
<br />to limited exceptions contained therein, a company is
<br />ineligible to, and may not, bid on, submit a proposal for, or
<br />enter into or renew a contract with an agency or local
<br />governmental entity for goods or services if at the time of
<br />bidding, submitting a proposal for, or entering into or
<br />renewing a contract, the company is on the Scrutinized
<br />Companies that Boycott Israel List or is engaged in the
<br />boycott of Israel. Contractors must certify that the
<br />company is not participating in a boycott of Israel. Any
<br />contract for goods or services of One Million Dollars
<br />($1,000,000) or more shall be terminated at the City’s
<br />option if it is discovered that the company submitted a false
<br />certification, or at the time of bidding, submitting a
<br />proposal for, or entering into or renewing a contract, is
<br />listed on the Scrutinized Companies with Activities in Sudan
<br />List, the Scrutinized Companies with Activities in the Iran
<br />Terrorism Sectors List, created pursuant to Florida Statute
<br />Section 215.473, or is or has been engaged in business
<br />operations in Cuba or Syria, after July 1, 2018. Any
<br />contract entered into or renewed after July 1, 2018 shall
<br />be terminated at the City’s option if the company is listed
<br />on the Scrutinized Companies that Boycott Israel List or
<br />engaged in the boycott of Israel.
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<br />1.58 Prohibition Against Considering Social, Political or
<br /> Ideological Interests In Government
<br /> Contracting
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<br /> Bidders are hereby notified of the provisions of section
<br /> 287.05701, Florida Statutes, as amended, that the City will
<br /> not request documentation of or consider a Bidder's social,
<br /> political, or ideological interests when determining if the
<br /> Bidder is a responsible Bidder. Bidders are further notified
<br /> that the City's governing body may not give preference to
<br /> a Bidder based on the Bidder's social, political, or
<br /> ideological interests.
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<br />1.59 SEC. 787.06, FLA.STAT. HUMAN
<br /> TRAFFICKING
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<br />Provides that whenever a contract is executed, renewed,
<br />or extended between a nongovernmental entity and a
<br />governmental entity, the vendor must provide the
<br />governmental entity with an affidavit signed by an officer
<br />or a representative of the vendor under penalty of perjury
<br />attesting that the vendor does not use coercion for labor
<br />or services considered to be human trafficking.
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<br />End of Section
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