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<br />ITB 24-06-02 CITYWIDE LANDSCAPING SERVICES 34 <br /> <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 />applicable to the work contemplated herein. Damages, penalties and or fines imposed on the City <br />or the Bidder for failure to obtain required licenses, permits or fines shall be borne by the Bidder. <br /> <br />2.41 MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS <br /> <br />The Bidder hereby acknowledges and agrees that all materials, except where recycled content is <br />specifically requested, supplied by the Bidder in conjunction with this solicitation and resultant <br />contract shall be new, warranted for their merchantability, and fit for a particular purpose. In the <br />event any of the materials supplied to the City by the Bidder are found to be defective or do not <br />conform to specifications: (1) the materials may be returned to the Bidder at the Bidder’s expense <br />and the contract cancelled or (2) the City may require the Bidder to replace the materials at the <br />Bidder’s expense. <br /> <br />2.42 ADDITIONAL SERVICES NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE QUOTES: <br /> <br />While the City has listed all major items within this solicitation which are utilized by City in <br />conjunction with their operations, the City may request the Bidder to perform Additional Services <br />for which prices are not established in the Contract. Under these circumstances, the City Project <br />Manager(s) will contact the primary Bidder to obtain a price quote for the similar items. If there <br />are multiple Bidders on the contract, the City representative may also obtain price quotes from <br />these Bidders. The City reserves the right to award these similar items to the primary contract <br />Bidder, another contract Bidder based on the lowest price quoted, or to acquire the items through <br />a separate solicitation. The Contractor shall be required to submit a written estimate on each <br />specialty project under this contract before a Work Order for that specific project is issued. The <br />price quote must reflect the regular hourly wages for each classification represented in this <br />contract, and the percentage discounts or mark-ups for materials and equipment that were <br />quoted by the Bidder on its initial offer or the most current contract pricing. The price quote shall <br />be itemized by the number of work hours per classification, and by the cost of materials and <br />equipment. Lump sum estimates shall not be accepted. The City reserves the right to award the <br />project based on the lowest written price quote, or to reject all quotes when such action is <br />determined to be in the best interests of the City, and obtain the required services from another <br />source of supply. The actual charge to the City from an awarded Bidder for a specific project shall <br />not exceed the Bidder’s initial price quote without the expressed prior approval from an <br />authorized agent of the City. <br /> <br />2.43 EMERGENCY/DISASTER EVENT <br /> <br />In the event of a hurricane or other emergency or disaster situation, the successful bidder may <br />provide the City with the commodities/services defined within the scope of this formal solicitation <br />at the price contained within vendor's response. Further, successful vendor shall deliver/perform <br />for the City on a priority basis during such times of emergency, upon written formal to proceed <br />letter. <br /> <br />2.44 FORCE MAJEURE <br /> <br />If weather or other acts of nature prevents the Contractor from conducting the requested services <br />or maintenance on the day specified by the City or otherwise planned by the Contractor, the