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"$' Of SUty Ar- <br />Proposers responsible for any excess casts occasioned or Incurred <br />1.24 <br />CERTIFICATEfS10F INSURANCE: <br />thereby. <br />Proposers shall furnish to the Office of the City Clerk, City of Sunny <br />1.29 SECONDARY10THER VENDORS: <br />Isles Beach,18070 Collins Avenue, Sunny Isles Beach, Florida 33160, <br />certificate(s) of Insurance which indicate that insurance coverage has <br />The City reserves the right In the event the primary vendor cannot <br />been obtained from an insurance company authorized to do business <br />provide an item(s) or services) in a timely manner as requested, to <br />In the State of Florida or otherwise secured in a manner satisfactory <br />seek other sources without violating the intent of the Contract <br />to the City, for those coverage types and amounts listed in this <br />document, in an amount equal to 100% of the requirements and <br />L30 DEFINITIONSi <br />shag be presented to tine City prior to Issuance of any Conlract(s) or <br />Awards) Document(s). The City of Sunny Isles Beach shall be <br />Wherever used in these General Conditions or In the other Contract <br />named as "additional insured" with respect to this coverage. The <br />Documents, the following terms shall have the meaning indicated <br />required certificates of insurance shall not only name the types of <br />which shall be applicable to troth the singular and plural thereof: <br />policies provided, but shag also refer specifically to this Bid and <br />section At the time of Bid submission the Proposers must submit <br />Acceptance: Acceptance by the City of the Work as <br />certificates of Insurance as outlined In the General Conditions <br />being fully complete In accordance with <br />section. All required Insurances shag name the City of Sunny Isles <br />the Contrad Documents subject to <br />Beach as additional Insured and such Insurance shall be Issued by <br />waiver of claims. <br />' <br />companies authorized to issue Insurance In the State of Florida. It <br />shall be the responsibility of the Proposers and Insurer to notify the <br />Agreement: The written Agreement between the City <br />City Manager of the City of Sunny Isles Beach of cancellation, lapse, <br />and the Contractor covering the Work to <br />or material modification of any Insurance policies Insuring the <br />be performed, which includes the <br />Proposers, which relate to the activities of such vendor and the City <br />Contract Documents. <br />of Sunny Isles Beach. Such notification shag be in writing, and shag <br />be submitted to the City finance support service director thirty (30) <br />Addenda: Written or graphic instruments issued <br />days prior to cancellation of such polices. This requirement shall be <br />prior to the Bid Opening which modify or <br />reflected an the certificate of Insurance. Faffure to fully and <br />interpret the Contact Documents, <br />satisfactorily comply with the city's Insurance requirements set forth <br />Drawings and Specifications, by addition, <br />herein w01 authorize the City Manager m Implement a rescission of <br />deletions, clarifications or corrections. <br />the Bid award without further City Commission action. The <br />Proposers hereby holds the City harmless and agrees to indemnify <br />Approved: Means approved by the City. <br />City and covenants not to sue the City by virtue of such rescission. <br />Old or Proposal: The offer of the Bidders/Proposers <br />L25 <br />ASSIGNMENT: <br />submitted on the prescribed form setting <br />forth the prices for the Work to be <br />The Contractor shag not transferor assign the performance required <br />performed. <br />by this Bid without prior written consent of the City Manager. Any <br />award issued pursuant to the INViTATIONTOBID and monies which <br />Proposers or Bidders: Any person, firm or corporation <br />may be due hereunder are not assignable except with prior written <br />submitting a Bid for Work. <br />approval of the City Manager. Further, In the event that the majority <br />ownership or control of the Contractor changes hands subsequent to <br />the award of this contract, Contractor shall promptly notify City in <br />Change Order. A written order to the Contractor signed <br />writing (via United States Postal Service — Certified Mail, Return <br />by the City authorizing an addition, <br />Receipt Requested) of such change in ownership or control at least <br />deletion or revision in the Work, or an <br />thirty (30) days prior to such change and City shall have the right to <br />adjustment In the Contract Price or the <br />terminate the contract upon sixty (60) days written notice, at City's <br />Contract Time issued after execution of <br />sale discretion. <br />the Agreement. <br />1.26 <br />HOLD HARMLESS/INDEMNIFICATION: <br />City: City of Sunny Isles Beach, 18070 Collins <br />Avenue, Sunny Isles Beach, Florida <br />The Contractor shall Indemnify, hold harmless, and defend the City <br />33160. <br />of Sunny Isles Beach, Its officers, agents and employees from and <br />against any claims, demands or causes of action of whatsoever kind <br />Contract Documents: Contract Documents shall include, <br />or nature arising out of error, omission, negligent act, conduct, or <br />Instructions to Proposers, Contractors <br />mismnduct of the Contractor, their agents, servants or employees in <br />Bid, the Notice of Award, the Agreement <br />the provision of goads or the performance of services pursuant W <br />between the City and Contractor as well <br />tihis Bid and / or from any procurement decision of the City Including <br />as any addenda thereto, these General <br />without limitation, awarding the Contract to the Contractor. <br />Conditions, Special Conditions, the <br />Technical Specifications, Drawings and <br />L27 <br />NON-CONFORMANCE TO CONTRACT: <br />Modifications, Notice to Proceed, <br />Invitation to Bid, Insurance Certificates, <br />The City of Sunny Isles Beach may withhold acceptance of, or reject <br />Change Orders and Acknowledgment of <br />items which are found upon examination, not to meet the <br />Conformance with the City of Sunny Isles <br />specification requirements. Upon written notification of rejection, <br />Beach. <br />Items shag be removed within five (S) calendar days by the vendor <br />at their own expense and redelivered at their expense. Rejected <br />Contract Price: The total monies payable to the <br />goods left longer than thirty (30) calendar days will be regarded as <br />Contractor under the Contract <br />abandoned and the City shall have the right to dispose of them as <br />Documents. <br />Its own property. Rejection for non-conformance or failure to meet <br />delivery schedutes may result in the Contractor being found in <br />Contract Time: The number of calendar days stated in <br />default <br />the Agreement for the completion of the <br />Work. <br />L28 <br />DEFAULT PROVISION: <br />Contracting Officer: The Individual who is authorized to sign <br />In case of default by the Proposers, the City of Sunny Isles Beach <br />the contract documents on behalf of the <br />may procure the articles or services from other sources and hold the <br />CWs governing body. <br />City of Sunny Isles <br />Beach Invitation to Bid No. 22-12-02 <br />