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Written Notice: The term "Notice" as used herein shall mean and include all written notices, demands, instructions, claims, approvals and disapproval's required to obtain compliance with Contract requirements. Written notice shall be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative or such individual, firm, or corporation, or if delivered at or sent by registered mail to the last business address known to them who gives the notice. Unless otherwise stated in writing, any notice to or demand upon the City under this Contract shall be delivered to the City. 4.2. Bid Award: The City reserves the right to reject any and all Bids at its sole discretion. Bids shall be awarded by the City after the City performs all necessary searches, inquiries, exploration, and analysis of the bids, and awards the Bid to the Bidder it considers most favorable to the City's interests. No Notice of Award will be given until the City has concluded any investigation(s) as they deem necessary to establish the Bidder's capability to perform the public works and landscape maintenance services as described in this Contract, as substantiated by the required professional experience, client references, technical knowledge and qualifications; and sufficient labor and equipment to comply with the City's established public works and landscape maintenance standards, as well as the financial capability of the Bidder to perform the Work in accordance with the Contract Documents to the satisfaction of the City within the time prescribed. The City reserves the right to reject the Bid of any Bidder on the basis of these queries and investigations and who does not meet the City's satisfaction, even though the firm may possibly be the apparent lowest bidder. In analyzing Bids, the City will also take into consideration client references, past work experience and work product, proven ability to satisfactorily perform public works services and landscape maintenance services, to maintain a comparable complex and sophisticated irrigation system, maintain Bermuda turf and complex landscaping to City standards; and alternate and unit prices if requested by the Bid forms. If the Contract is awarded, the City will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) days after opening of Bids. The City specifically reserves the right to award the contract to a bidder who is not necessarily the lowest bidder on the basis of the results of these queries and investigation(s). 4.3. Execution of Agreement: At least four counterparts of the Agreement (in substantially the same form as the Agreement attached hereto as Section 14) the Performance and Payment Bond, the Certificates of Insurance and such other Documents as required by the Contract Documents shall be executed and delivered by Contractor to the City within ten (10) calendar days of receipt of the Notice of Award. 4.4. Forfeiture of Bid Security, Performance and Payment Bond: Within ten (10) calendar days of being notified of the award, Contractor shall furnish an executed agreement (in substantially the same form as the Agreement attached hereto as Section 14) and attach a Performance Bond and a Payment Bond (containing all the provisions of the Performance Bond and Payment Bond herein). Each Bond shall be in the amount of one hundred percent (100%) of the Contract Price guaranteeing to City the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Sub-Contractors employed pursuant to this Project. Each Bond shall be with a Surety company meeting the qualifications of this document. Each Bond shall continue in effect for one and one half years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. The Performance Bond shall be conditioned that Contractor will, upon notification by City, correct any defective or faulty Work or materials which appear within one and one half years after final completion of the Contract. Pursuant to the requirements of Section 255.05(1), Florida Statutes, Contractor shall ensure that the Bond(s) referenced above shall be recorded in the public records of Miami-Dade County and provide City with evidence of such recording. 4.4.1. Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. PAGE 12 OF 92 BID No. 07-10-04