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all labor, materials, equipment and other
<br />by the City. A modification may only be
<br />incidentals, and the furnishing thereof.
<br />experience, client references, technical knowledge and
<br />issued after execution of the Agreement.
<br />Written Notice: The term "Notice" as used herein shall
<br />qualifications; and sufficient labor and equipment to comply with the
<br />mean and include all written notices,
<br />or sustained by any person or persons during or on account of any
<br />demands, instructions, claims, approvals
<br />City's established standards, as well as the financial capability of the
<br />Notice of Award:
<br />The written notice by City to the apparent
<br />compliance with Contract requirements.
<br />Proposer to perform the Work in accordance with the Contract
<br />Written notice shall be deemed to have
<br />successful Proposer stating that upon
<br />been duly served if delivered in person to
<br />Documents to the satisfaction of the City within the time prescribed.
<br />the individual or to a member of the firm
<br />compliance with the conditions
<br />or to an officer of the corporation for
<br />The City reserves the right to reject the Proposal of any Proposers
<br />whom it is intended, or to an authorized
<br />precedent to be fulfilled by the Proposer
<br />representative or such individual, firm, or
<br />on the basis of these queries and investigations and who does not
<br />corporation, or if delivered at or sent by
<br />within the time specified, City will execute
<br />registered mail to the last business
<br />meet the City's satisfaction, even though the firm may be the lowest
<br />address known to them who gives the
<br />and deliver the Agreement to the
<br />notice. Unless otherwise stated in
<br />dollars and cents Proposal. In analyzing Proposals, the City will also
<br />writing, any notice to or demand upon the
<br />Proposer.
<br />City under this Contract shall be
<br />take into consideration client references, past work experience and
<br />delivered to the City.
<br />regardless of whether or not it is caused by a party indemnified
<br />work product, proven ability to satisfactorily perform. If the Contract
<br />Proposal:
<br />The offer of the Proposer submitted on
<br />is awarded, the City will issue the Notice of Award and give the
<br />The City reserves the right to reject any and all Proposals at its sole
<br />the prescribed form setting forth the
<br />discretion. Proposals shall be awarded by the City after the City
<br />successful Proposer a Contract for execution within ninety (90) days
<br />performs all necessary searches, inquiries, exploration, and analysis
<br />prices for the Work to be performed.
<br />of the Proposals. The Proposal shall be awarded to the lowest
<br />after opening of Proposals. The City specifically reserves the right to
<br />responsible and responsive Proposer whose Proposal best serves
<br />event that any action or proceeding is brought against City by reason
<br />the interests of and represents the best value to the City in conformity
<br />award the contract to a Proposer who is not necessarily the lowest
<br />Proposer:
<br />Any person, firm or corporation
<br />of Award will be given until the City has concluded any
<br />dollar amount Proposer on the basis of the results of these queries
<br />investigation(s) as they deem necessary to establish the Proposer's
<br />submitting a Proposal for Work.
<br />capability to perform the Services as described in this RFP, ITB,
<br />and investigation(s).
<br />Samples:
<br />Physical examples which illustrate
<br />1.32
<br />EXECUTION OF AGREEMENT:
<br />materials, equipment or workmanship
<br />and establish standards by which the
<br />At least four counterparts of the Agreement, the Performance Bond,
<br />Work will be judged.
<br />the Certificates of Insurance and such other Documents as required
<br />by the Contract Documents shall be executed and delivered by
<br />Proposer to the City within ten (10) calendar days of receipt of the
<br />Specifications:
<br />Those portions of the Contract
<br />Notice of Award.
<br />Documents consisting of written
<br />technical descriptions of materials,
<br />1.33
<br />LAWS AND REGULATIONS:
<br />equipment, construction systems,
<br />standards and workmanship as applied
<br />The Proposer will give all notices and comply with all laws,
<br />to the Work.
<br />ordinances, rules and regulations applicable to the Work. If the
<br />Proposer observes that the Specifications are at variance therewith,
<br />Statement of Services:
<br />The form furnished by the City which is to
<br />they will give the City prompt written notice thereof, and any
<br />be used by the Proposer in requesting
<br />necessary changes shall be adjusted by an appropriate modification.
<br />progress payments.
<br />If the Proposer performs any Work knowing it to be contrary to such
<br />laws, ordinances, rules and regulations, and without such notice to
<br />Supplier:
<br />Any person or organization who supplies
<br />the City, they will bear all costs arising wherefrom.
<br />materials or equipment for the Work,
<br />including that fabricated to a special
<br />1.34
<br />TAXES:
<br />design, but who does not perform labor
<br />at the site.
<br />The City of Sunny Isles Beach is exempt from sales tax imposed by
<br />the State and /or Federal Government. Florida Sales Tax Exemption
<br />Work:
<br />Any and all obligations, duties and
<br />No. 85- 8012694687C -4 appears on each purchase order.
<br />responsibilities necessary to the
<br />Exemption certificates are available upon request.
<br />successful completion of the Project
<br />assigned to or undertaken by Proposer
<br />1.35
<br />DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS:
<br />under the Contract Documents, including
<br />all labor, materials, equipment and other
<br />In consideration of the separate sum of twenty -five dollars ($25.00)
<br />incidentals, and the furnishing thereof.
<br />and other valuable consideration, the Proposer shall defend,
<br />indemnify and hold harmless the City, its officers, agents and
<br />Written Notice: The term "Notice" as used herein shall
<br />employees, from or on account of any injuries or damages, received
<br />mean and include all written notices,
<br />or sustained by any person or persons during or on account of any
<br />demands, instructions, claims, approvals
<br />operations connected with the Work described in the Contract
<br />and disapproval's required to obtain
<br />Documents, or by or in consequence of any negligence in connection
<br />compliance with Contract requirements.
<br />with the same; or by use of any improper materials or by or on
<br />Written notice shall be deemed to have
<br />account of any act or omission of the said Proposer or his/her Sub -
<br />been duly served if delivered in person to
<br />Contractor, agents, servants or employees. The Proposer will
<br />the individual or to a member of the firm
<br />defend, indemnify and hold harmless the City and their agents or
<br />or to an officer of the corporation for
<br />employees from and against all claims, damages, losses and
<br />whom it is intended, or to an authorized
<br />expenses including attorneys' fees arising out of or resulting from the
<br />representative or such individual, firm, or
<br />performance of the Work, provided that any such claim damage, loss
<br />corporation, or if delivered at or sent by
<br />or expense (a) is attributable to bodily injury, sickness, disease or
<br />registered mail to the last business
<br />death, or to injury to or destruction of tangible property (other than
<br />address known to them who gives the
<br />Work itself) including the loss of use resulting wherefrom and (b) is
<br />notice. Unless otherwise stated in
<br />caused in whole or in part by any negligent act or omission of the
<br />writing, any notice to or demand upon the
<br />Proposer, Sub - Contractor, anyone directly or indirectly employed by
<br />City under this Contract shall be
<br />any of them or anyone for whose acts any of them may be liable,
<br />delivered to the City.
<br />regardless of whether or not it is caused by a party indemnified
<br />hereunder. In the event that a court of competent jurisdiction
<br />1.31 PROPOSAL AWARD:
<br />determines that Sec. 725.06 (2), F.S. is applicable to this Work, then
<br />in lieu of the above provisions of this section the parties agree that
<br />The City reserves the right to reject any and all Proposals at its sole
<br />Proposer shall indemnify, defend and hold harmless the City, their
<br />discretion. Proposals shall be awarded by the City after the City
<br />officers and employees, to the fullest extent authorized by Sec.
<br />performs all necessary searches, inquiries, exploration, and analysis
<br />725.06 (2) F.S., which statutory provisions shall be deemed to be
<br />of the Proposals. The Proposal shall be awarded to the lowest
<br />incorporated herein by reference as if fully set forth herein. In the
<br />responsible and responsive Proposer whose Proposal best serves
<br />event that any action or proceeding is brought against City by reason
<br />the interests of and represents the best value to the City in conformity
<br />of any such claim or demand, the Proposer, upon written notice from
<br />with the criteria set forth in Section 62 -8 of the City Code. No Notice
<br />City shall defend such action or proceeding by counsel satisfactory
<br />of Award will be given until the City has concluded any
<br />to City. The indemnification provided above shall obligate the
<br />investigation(s) as they deem necessary to establish the Proposer's
<br />Proposer to defend at its own expense or to provide for such
<br />capability to perform the Services as described in this RFP, ITB,
<br />defense, at City's option, any and all claims of liability and all suits
<br />RFP or ITQ, as substantiated by the required professional
<br />and actions of every name and description that may be brought
<br />City of Sunny Isles Beach I Request for Proposal No. 15 -08 -01
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