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<br />of the City's governing body.
<br />
<br />Contractor: The person, firm or corporation with
<br />whom the City has executed this Agreement.
<br />
<br />Day: A calendar day of twenty-four hours measured
<br />from midnight to the next midnight.
<br />
<br />Field Order: A written order issued by the City which
<br />clarifies or interprets the Contract Documents or
<br />orders minor changes in the Work.
<br />
<br />Modification: Modification means anyone of the
<br />following: (a) a written amendment of the Contract
<br />Documents signed by both parties, (b) a Change
<br />Order, (c) a written clarification or interpretation if
<br />issued by the City, or (d) a written order for minor
<br />change or alteration in the Work issued by the City.
<br />A modification 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 that upon
<br />compliance with the conditions precedent to be
<br />fulfilled by him within the time specified, City will
<br />execute and deliver the Agreement to him.
<br />
<br />Notice to Proceed: A written notice given by City to
<br />Contractor fixing the date on which the Contract Time
<br />will commence to run and on which Contractor shall
<br />start to perform their obligations under the Contract
<br />Documents.
<br />
<br />Project: The entire landscape maintenance services
<br />to be performed as provided in the Contract
<br />Documents.
<br />
<br />Samples: Physical examples which illustrate
<br />materials, equipment or workmanship and establish
<br />standards by which the Work will be judged.
<br />
<br />Shop Drawings: All drawings, diagrams,
<br />illustrations, brochures, schedules and other data
<br />which are prepared by the Contractor, a Sub-
<br />Contractor, manufacturer, supplier, or distributor, and
<br />which illustrate the equipment, material or some
<br />portion of the work and as required by the Contract
<br />Documents.
<br />
<br />Specifications: Those portions of the Contract
<br />Documents consisting of written technical
<br />descriptions of materials, equipment, construction
<br />systems, standards and workmanship as applied to
<br />the Work.
<br />
<br />Statement of Services: The form furnished by the
<br />City which is to be used by the Contractor in
<br />requesting progress payments.
<br />
<br />Sub-Contractor: An individual, firm or corporation
<br />having a direct contract with Contractor or with any
<br />other Sub-Contractor for the performance of a part of
<br />the Work at the site.
<br />
<br />Substantial Completion: The date as certified by
<br />the City when the construction of the Project or a
<br />certified part thereof is sufficiently completed, in
<br />
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<br />PROPOSAL No.
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<br />1.33
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<br />accordance with the Contract Documents, so that the
<br />Project or specified part can be utilized for the
<br />purposes for which it was intended; or if there be no
<br />such certification, the date when final payment is
<br />due.
<br />
<br />Supplier: Any person or organization who supplies
<br />materials or equipment for the Work, including that
<br />fabricated to a special design, but who does not
<br />perform labor at the site.
<br />
<br />Surety: The corporate body which is bound with
<br />the Contractor and which engages to be responsible
<br />for the Contractor and their acceptable performance
<br />of the Work.
<br />
<br />Work: Any and all obligations, duties and
<br />responsibilities necessary to the successful
<br />completion of the Project assigned to or undertaken
<br />by Contractor under the Contract Documents,
<br />including all labor, materials, equipment and other
<br />incidentals, and the furnishing thereof.
<br />
<br />Written Notice: The term "Notice" as used herein
<br />shall mean and include all written notices, demands,
<br />instructions, claims, approvals and disapproval's
<br />required to obtain compliance with Contract
<br />requirements. Written notice shall be deemed to
<br />have been duly served if delivered in person to the
<br />individual or to a member of the firm or to an officer
<br />of the corporation for whom it is intended, or to an
<br />authorized representative or such individual, firm, or
<br />corporation, or if delivered at or sent by registered
<br />mail to the last business address known to them who
<br />gives the notice. Unless otherwise stated in writing,
<br />any notice to or demand upon the City under this
<br />Contract shall be delivered to the City.
<br />
<br />Proposal Award: The City reserves the right to
<br />reject any and all Proposals at its sole discretion.
<br />Proposals shall be awarded by the City after the City
<br />performs all necessary searches, inquiries,
<br />exploration, and analysis of the proposals. The
<br />proposal shall be awarded to the lowest responsible
<br />and responsive proposers whose proposal best serves
<br />the interests of and represents the best value to the
<br />City in conformity with the criteria set forth in Section
<br />62-8 of the City Code. No Notice of Award will be
<br />given until the City has concluded any investigation(s)
<br />as they deem necessary to establish the Proposers
<br />capability to perform the public works and landscape
<br />maintenance services as described in this Contract, as
<br />substantiated by the required professional
<br />experience, client references, technical knowledge
<br />and qualifications; and sufficient labor and equipment
<br />to comply with the City's established public works and
<br />landscape maintenance standards, as well as the
<br />financial capability of the Proposers to perform the
<br />Work in accordance with the Contract Documents to
<br />the satisfaction of the City within the time prescribed.
<br />The City reserves the right to reject the Proposal of
<br />any Proposers on the basis of these queries and
<br />investigations and who does not meet the City's
<br />satisfaction, even though the firm may be the lowest
<br />dollars and cents proposal. In analyzing Proposals,
<br />the City will also take into consideration client
<br />references, past work experience and work product,
<br />
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