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1.24 <br />1.25 <br />1.26 <br />1.27 <br />competency or other licensor requirements necessary to The City of Sunny Isles Beach may withhold acceptance of, or <br />practice their profession as required by Florida State Statute, reject itemswhichare found upon examination, notto meet the <br />Miami -Dade County, and City of Sunny Isles Beach Code. specification requirements. Upon written notification of <br />Awarded Firms shall include current Miami -Dade County rejection, items shall be removed within (5) calendar days by the <br />Certificates of Competency. These documents shall be Awarded Firm at their own expense and redelivered at their <br />furnished to the City along with the Bid response. Failure to expense. Rejected goods left longer than thirty (30) calendar <br />furnish these documents or to have required licensor will be days will be regarded as abandoned and the City shall have the <br />grounds for rejecting the Bid. right to dispose of them as its own property. Rejection for non- <br />conformance or failure to meet delivery schedules may result in <br />CERTIFICATE(S) OF INSURANCE: the Awarded Firm being found in default. <br />Proposers and Awarded Firms shall furnish to the Office of the <br />1.28 DEFAULT PROVISION: <br />City Clerk, City of Sunny Isles Beach, 18070 Collins Avenue, <br />Sunny Isles Beach, Florida 33160, certificate(s) of insurance <br />In case of default by the Awarded Firm, the City of Sunny Isles <br />which indicate that insurance coverage has been obtained from <br />Beach may procure the articles or services from other sources <br />an insurance company authorized to do business in the State of <br />and hold the Awarded Firms responsible for any excess costs <br />Florida or otherwise secured in a manner satisfactory to the <br />occasioned or incurred thereby. <br />City, for those coverage types and amounts listed in this <br />document, in an amount equal to 100%ofthe requirements and <br />1.29 SECONDARY/OTHER AWARDED FIRMS: <br />shall be presented to the City prior to issuance of any <br />Contract(s) or Award(s) Document(s). The City of Sunny Isles <br />The City reserves the right in the event the primary Awarded <br />Beach shall be named as "additional insured" with respect to <br />Firm cannot provide an item(s) or service(s) in a timely manner <br />this coverage. The required certificates of insurance shall not <br />as requested, to seek other sources without violating the intent <br />only name the types of policies provided, but shall also refer <br />of the Contract. <br />specifically to this Bid and section. At the time of Bid submission <br />the Proposers must submit certificates of insurance as outlined <br />1.30 DEFINITIONS: <br />in the General Conditions section. All required insurances shall <br />name the City of Sunny Isles Beach as additional insured and <br />Wherever used in these General Conditions or in the other <br />such insurance shall be issued by companies authorized to issue <br />Contract Documents, the following terms shall have the <br />insurance in the State of Florida. It shall be the responsibility of <br />meaning indicated which shall be applicable to both the <br />the Proposers and Awarded Firms and insurers to notifythe City <br />singular and plural thereof: <br />Manager of the City of Sunny Isles Beach of cancellation, lapse, <br />or material modification of any insurance policies insuring the <br />Acceptance: Acceptance by the City of the Work as <br />Proposers, which relate to the activities of such Proposer and <br />being fully complete in accordance <br />the City of Sunny Isles Beach. Such notification shall be in <br />with the Contract Documents subject <br />writing, and shall be submitted to the City finance support <br />to waiver of claims. <br />service director thirty (30) days prior to cancellation of such <br />policies. This requirement shall be reflected on the certificate <br />Agreement, Contract, <br />of insurance. Failure to fully and satisfactorily comply with the <br />or Lease: The written Agreement (i.e., Lease <br />city's insurance and bonding requirements set forth herein will <br />Agreement) between the City and the <br />authorize the City Manager to implement a rescission of the Bid <br />Awarded Firm covering the Work to <br />award without further City Commission action. The Proposers <br />be performed, and the lease terms <br />and Awarded Firms hereby holds the City harmless and agrees <br />and conditions, which includes the <br />to indemnify City and covenants not to sue the City by virtue of <br />Contract Documents. As used herein, <br />such rescission. <br />"Lease" shall have the same meaning <br />as "Agreement". <br />ASSIGNMENT: <br />Addenda: Written or graphic instruments issued <br />The Awarded Firm shall not transfer or assign the performance <br />priorto the Bid Opening which modify <br />required by this Bid without prior written consent of the City <br />or interpret the Contract Documents, <br />Manager. Any award issued pursuant to the REQUEST FOR <br />Drawings and Specifications, by <br />PROPOSALS and monies which may be due hereunder are not <br />addition, deletions, clarifications or <br />assignable except with prior written approval of the City <br />corrections. <br />Manager. Further, in the event that the majority ownership or <br />control of the Awarded Firm changes hands subsequent to the <br />Approved: Means approved by the City. <br />award of this contract, the Awarded Firm shall promptly notify <br />City in writing (via United States Postal Service — Certified Mail, <br />Bid or Proposal: The offer of the Proposers submitted <br />Return Receipt Requested) of such change in ownership or <br />on the prescribed form setting forth <br />control at least thirty (30) days prior to such change and City <br />the prices for the Work to be <br />shall have the right to terminate the contract upon sixty (60) <br />performed. <br />days written notice, at City's sole discretion. <br />Proposers: Any person, firm or corporation <br />HOLD HARMLESS/INDEMNIFICATION: <br />submitting a Bid for Work. As used <br />herein, "Firm", "Proposing Firm", <br />The Awarded Firm shall indemnify, hold harmless, and defend <br />"Vendor" and "Bidder" shall have the <br />the City of Sunny Isles Beach, it's officers, agents and employees <br />same meaning as "Proposers". <br />from and against any claims, demands or causes of action of <br />whatsoever kind or nature arising out of error, omission, <br />Change Order: A written order to the Awarded Firm <br />negligent act, conduct, or misconduct of the Awarded Firm, <br />signed by the City authorizing an <br />their agents, servants or employees in the provision of goods or <br />addition, deletion or revision in the <br />the performance of services pursuant to this Bid and / or from <br />Work, or an adjustment in the <br />any procurement decision of the City including without <br />Contract Price or the Contract Time <br />limitation, awarding the Contract to the Awarded Firm. <br />issued after execution of the <br />Agreement. <br />NON-CONFORMANCE TO CONTRACT: <br />