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coverage. The required certificates of insurance shall not only name
<br />the Contract Documents subject to
<br />the types of policies provided, but shall also refer specifically to this
<br />waiver of claims.
<br />Proposal and section. At the time of Proposal submission. Proposer
<br />must submit certificates of insurance as outlined in the General
<br />Agreement:
<br />The written Agreement between the City
<br />Conditions section. All required insurances shall name the City of
<br />and the Proposer covering the Work to
<br />Sunny Isles Beach as additional insured and such insurance shall be
<br />be performed, which includes the
<br />issued by companies authorized to issue insurance in the State of
<br />Contract Documents.
<br />Florida. It shall be the responsibility of the Proposer and insurer to
<br />notify the City Manager of the City of Sunny Isles Beach of
<br />Addenda:
<br />Written or graphic instruments issued
<br />cancellation, lapse, or material modification of any insurance policies
<br />prior to the Proposal Opening which
<br />insuring the Proposer, which relate to the activities of such Proposer
<br />modify or interpret the Contract
<br />and the City of Sunny Isles Beach. Such notification shall be in
<br />Documents, Drawings and
<br />writing, and shall be submitted to the City finance support service
<br />Specifications, by addition, deletions,
<br />director thirty (30) days prior to cancellation of such policies. This
<br />clarifications or corrections.
<br />requirement shall be reflected on the certificate of insurance. Failure
<br />to fully and satisfactorily comply with the City's insurance and
<br />Approved:
<br />Means approved by the City.
<br />bonding requirements set forth herein will authorize the City Manager
<br />to implement a rescission of the Proposal award without further City
<br />Bonds:
<br />Proposal, performance bond and other
<br />Commission action. The Proposer hereby holds the City harmless
<br />instruments of security, furnished by the
<br />and agrees to indemnify the City and covenants not to sue the City
<br />Contractor and their surety in accordance
<br />by virtue of such rescission.
<br />with the Contract Documents and in
<br />accordance with the law of the State of
<br />1.25
<br />ASSIGNMENT:
<br />Florida.
<br />The Proposer shall not transfer or assign the performance required
<br />by this Proposal without prior written consent of the City Manager.
<br />Change Order:
<br />A written order to the Proposer signed by
<br />Any award issued pursuant to the Request for Proposal and monies
<br />the City authorizing an addition, deletion
<br />which may be due hereunder are not assignable except with prior
<br />or revision in the Work, or an adjustment
<br />written approval of the City Manager. Further, in the event that the
<br />in the Contract Price or the Contract Time
<br />majority ownership or control of the Proposer changes hands
<br />issued after execution of the Agreement.
<br />subsequent to the award of this contract, Proposer shall promptly
<br />notify City in writing (via United States Postal Service — Certified Mail,
<br />City:
<br />City of Sunny Isles Beach, 18070 Collins
<br />Return Receipt Requested) of such change in ownership or control
<br />Avenue, Sunny Isles Beach, Florida
<br />at least thirty (30) days prior to such change and City shall have the
<br />33160.
<br />right to terminate the contract upon sixty (60) days written noflce, at
<br />City's sole discretion.
<br />Contract Documents:
<br />Contract Documents shall include,
<br />Instructions to Proposers, Contractor's
<br />1.26
<br />HOLD HARMLESS /INDEMNIFICATION:
<br />Proposal, the Bonds, the Notice of
<br />Award, the Agreement between the City
<br />The Proposer shall indemnify, hold harmless, and defend the City of
<br />and Contractor as well as any addenda
<br />Sunny Isles Beach, its officers, agents and employees from and
<br />thereto, these General Conditions,
<br />against any claims, demands or causes of action of whatsoever kind
<br />Special Conditions, the Technical
<br />or nature arising out of error, omission, negligent act, conduct, or
<br />Specifications, Drawings and
<br />misconduct of the Proposer, their agents, servants or employees in
<br />Modifications, Notice to Proceed,
<br />the provision of goods or the performance of services pursuant to
<br />Request for Proposal, Insurance
<br />this Proposal and / or from any procurement decision of the City
<br />Certificates, Change Orders and
<br />including without limitation, awarding the Contract to the Proposer.
<br />Acknowledgment of Conformance with
<br />the City of Sunny Isles Beach.
<br />1.27
<br />NON-CONFORMANCE TO CONTRACT:
<br />Contract Price:
<br />The total monies payable to the
<br />The City of Sunny Isles Beach may withhold acceptance of, or reject
<br />Contractor under the Contract
<br />items which are found upon examination, not to meet the
<br />Documents.
<br />specification requirements. Upon written notification of rejection,
<br />items shall be removed within (5) calendar days by the Proposer at
<br />Contract Time:
<br />The number of calendar days stated in
<br />their own expense and redelivered at their expense. Rejected goods
<br />the Agreement for the completion of the
<br />left longer than thirty (30) calendar days will be regarded as
<br />Work.
<br />abandoned and the City shall have the right to dispose of them as its
<br />own property. Rejection for non - conformance or failure to meet
<br />Contracting Officer:
<br />The individual who is authorized to sign
<br />delivery schedules may result in the Proposer being found in default.
<br />the contract documents on behalf of the
<br />City's governing body.
<br />1.28
<br />DEFAULT PROVISION:
<br />Contractor:
<br />The person, firm or corporation with
<br />In case of default by the Proposer, the City of Sunny Isles Beach may
<br />whom the City has executed this
<br />procure the articles or services from other sources and hold the
<br />Agreement.
<br />Proposer responsible for any excess costs occasioned or incurred
<br />thereby.
<br />Day:
<br />A calendar day of twenty -four hours
<br />measured from midnight to the next
<br />1.29
<br />SECONDARY /OTHER VENDORS:
<br />midnight.
<br />The City reserves the right in the event the primary Proposer cannot
<br />Field Order:
<br />A written order issued by the City which
<br />provide an item(s) or service(s) in a timely manner as requested, to
<br />clarifies or interprets the Contract
<br />seek other sources without violating the intent of the Contract.
<br />Documents or orders minor changes in
<br />the Work.
<br />1.30
<br />DEFINITIONS:
<br />Modification:
<br />Modification means any one of the
<br />Wherever used in these General Conditions or in the other Contract
<br />following: (a) a written amendment of the
<br />Documents, the following terms shall have the meaning indicated
<br />Contract Documents signed by both
<br />which shall be applicable to both the singular and plural thereof:
<br />parties, (b) a Change Order, (c) a written
<br />clarification or interpretation if issued by
<br />Acceptance: Acceptance by the City of the Work as
<br />the City, or (d) a written order for minor
<br />being fully complete in accordance with
<br />change or alteration in the Work issued
<br />City of Sunny Isles Beach
<br />Request for Proposal
<br />No. 15 -08 -01
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