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<br />City of Sunny Isles Beach |Request for Proposal No. 12-04-02 7 <br /> <br />Acknowledgment of Conformance with <br />the City of Sunny Isles Beach. <br /> <br />Contract Price: The total monies payable to the <br />Contractor under the Contract <br />Documents. <br /> <br />Contract Time: The number of calendar days stated in <br />the Agreement for the completion of the <br />Work. <br /> <br />Contracting Officer: The individual who is authorized to sign <br />the contract documents on behalf of the <br />City’s governing body. <br /> <br />Contractor: The person, firm or corporation with <br />whom the City has executed this <br />Agreement. <br /> <br />Day: A calendar day of twenty-four hours <br />measured from midnight to the next <br />midnight. <br /> <br />Field Order: A written order issued by the City which <br />clarifies or interprets the Contract <br />Documents or orders minor changes in <br />the Work. <br /> <br />Modification: Modification means any one of the <br />following: (a) a written amendment of <br />the Contract Documents signed by both <br />parties, (b) a Change Order, (c) a <br />written clarification or interpretation if <br />issued by the City, or (d) a written order <br />for minor change or alteration in the <br />Work issued by the City. A modification <br />may only be issued after execution of <br />the Agreement. <br /> <br />Notice of Award: The written notice by City to the <br />apparent successful Proposers stating <br />that upon compliance with the <br />conditions precedent to be fulfilled by <br />him within the time specified, City will <br />execute and deliver the Agreement to <br />him. <br /> <br />Samples: Physical examples which illustrate <br />materials, equipment or workmanship <br />and establish standards by which the <br />Work will be judged. <br /> <br />Specifications: Those portions of the Contract <br />Documents consisting of written <br />technical descriptions of materials, <br />equipment, construction systems, <br />standards and workmanship as applied <br />to the Work. <br /> <br />Statement of Services: The form furnished by the City which is <br />to be used by the Contractor in <br />requesting progress payments. <br /> <br />Supplier: Any person or organization who supplies <br />materials or equipment for the Work, <br />including that fabricated to a special <br />design, but who does not perform labor <br />at the site. <br /> <br />Work: Any and all obligations, duties and <br />responsibilities necessary to the <br />successful completion of the Project <br />assigned to or undertaken by Contractor <br />under the Contract Documents, <br />including all labor, materials, equipment <br />and other incidentals, and the furnishing <br />thereof. <br /> <br />Written Notice: The term “Notice” as used herein shall <br />mean and include all written notices, <br />demands, instructions, claims, approvals <br />and disapproval’s required to obtain <br />compliance with Contract requirements. <br />Written notice shall be deemed to have <br />been duly served if delivered in person <br />to the individual or to a member of the <br />firm or to an officer of the corporation <br />for whom it is intended, or to an <br />authorized representative or such <br />individual, firm, or corporation, or if <br />delivered at or sent by registered mail to <br />the last business address known to <br />them who gives the notice. Unless <br />otherwise stated in writing, any notice <br />to or demand upon the City under this <br />Contract shall be delivered to the City. <br /> <br />1.31 BID AWARD: <br /> <br />The City reserves the right to reject any and all Bids at its sole <br />discretion. Bids shall be awarded by the City after the City <br />performs all necessary searches, inquiries, exploration, and analysis <br />of the Bids. The Bid shall be awarded to the lowest responsible <br />and responsive proposer whose Bid best serves the interests of and <br />represents the best value to the City in conformity with the criteria <br />set forth in Section 62-8 of the City Code. No Notice of Award will <br />be given until the City has concluded any investigation(s) as they <br />deem necessary to establish the Proposer’s capability to perform <br />the Services as described in this RFP, ITB, RFQ or ITQ, as <br />substantiated by the required professional experience, client <br />references, technical knowledge and qualifications; and sufficient <br />labor and equipment to comply with the City’s established <br />standards, as well as the financial capability of the Proposer to <br />perform the Work in accordance with the Contract Documents to <br />the satisfaction of the City within the time prescribed. The City <br />reserves the right to reject the Bid of any Proposers on the basis of <br />these queries and investigations and who does not meet the City’s <br />satisfaction, even though the firm may be the lowest dollars and <br />cents Bid. In analyzing Bids, the City will also take into <br />consideration client references, past work experience and work <br />product, proven ability to satisfactorily perform. If the Contract is <br />awarded, the City will issue the Notice of Award and give the <br />successful Proposers a Contract for execution within ninety (90) <br />days after opening of Bids. The City specifically reserves the right <br />to award the contract to a proposer who is not necessarily the <br />lowest dollars and cents proposers on the basis of the results of <br />these queries and investigation(s). <br /> <br />1.32 EXECUTION OF AGREEMENT: <br /> <br />At least four counterparts of the Agreement, the Performance <br />Bond, the Certificates of Insurance and such other Documents as <br />required by the Contract Documents shall be executed and <br />delivered by Contractor to the City within ten (10) calendar days of <br />receipt of the Notice of Award. <br /> <br />1.33 LAWS AND REGULATIONS: <br /> <br />The Contractor will give all notices and comply with all laws, <br />ordinances, rules and regulations applicable to the Work. If the <br />Contractor observes that the Specifications are at variance <br />therewith, they will give the City prompt written notice thereof, and <br />any necessary changes shall be adjusted by an appropriate <br />modification. If the Contractor performs any Work knowing it to be <br />contrary to such laws, ordinances, rules and regulations, and <br />without such notice to the City, they will bear all costs arising <br />wherefrom. <br /> <br />1.34 TAXES: <br /> <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 />No. 23-00-477131-54C appears on each purchase order. <br />Exemption certificates are available upon request.