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<br />
<br />be furnished to the Oty along with the Bid ~ Failure to
<br />rumish these documents or to have l8jUired liamrJr will be
<br />grounds for rejectjng the Bid.
<br />
<br />L24 ~fICATE(SI OF INSURANCE:
<br />
<br />ProP<JSers shall rumlsh to the OffIce of the City Clerk, City of Sunny
<br />Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, AOrida
<br />33160, certificate(s) of insurance which Indicate thai insurance
<br />coverage has been obtained from an Insurance company authorized
<br />to do business in lhe Slate of ROrida or otherwise secured in a
<br />manner satisfactory to the City, for those COVerage types and
<br />amounts listed in this document, In an amount equal to 1()(J01b of
<br />the requirements and shall be presented to the City prior to
<br />issuance of any Contract(s) or Award(s) Document(s). The City of
<br />Sunny Isles Beach shall be named as "additional inSUred" with
<br />respect to this COVerage. The required certificates of insurance
<br />shall nOl only name the types of poIides proVided, but shall also
<br />refer SJJedfically to this Bid and section. & the lill1P of Ilk!
<br />~ the PI'OpOsers must submit certificates of insurance as
<br />OUtlined in the General Conditions section. All required insurances
<br />shall name the City of Sunny Isles Beach as additional InSUred and
<br />such insurance shall be issued by companies authOrized to Issue
<br />Insurance In lhe State of Florida. II shall be the responsibility of
<br />the PropDsers and insurer to notify the City Manager of the City of
<br />Sunny Isles Beach of canCellation, lapse, or material modification of
<br />any insurance poIldes insuring the ProP<JSers, which relate to lhe
<br />activities of such vendor and the City of Sunny Isles Beach. Such
<br />nOlificatlon shall be in writing, and shall be submilled 10 the City
<br />finance support setvice director thirty (30) days Prior 10
<br />cancellation of such policies. This requirement shall be reflected on
<br />Ihe certificate of Insurance. Failure to fully and satisfactorily
<br />comply with the dty's insurance and bonding requirements sel
<br />forth herein will authorize lhe City Manager to implement a
<br />reSdssion of Ihe Bid award without rurther City Commission action.
<br />The ProP<JSers hereby holds the City harmless and agrees to
<br />indemnify City and COVenants not 10 sue the Oty by virtue of such
<br />rescission.
<br />
<br />1.25
<br />
<br />ASSIGNMErfi;
<br />
<br />The Contractor shall nOl transfer Or assign lhe JJerfonnance
<br />required by this Bid Withoul prior written consent of the City
<br />Manager. Any award iSSUed pursuanlto the Request for Proposal
<br />and monies which may be due hereunder are nol assignable except
<br />with prior written approval of Ihe City Manager. FUrther, in the
<br />event that the majority ownership or conlro/ of the Contractor
<br />changes hands SUbsequent 10 the award of Ihls contract,
<br />Contractor shall promptly nolify City In writing (via United Stales
<br />Postal Service - Certified Mall, Retum Receipt Requested) of such
<br />change In ownership or control at least thirty (30) days prior to
<br />such change and City shall have the right to terminate the contract
<br />upon sixty (60) days written notice, at City's sole discretion.
<br />
<br />1.26 .!iOLD HARMlESS/INDEMNIFICAnOli;
<br />
<br />The Contractor shall indemnify, hold hannless, and defend the City
<br />of Sunny Isles Beach, it.s officers, agents and employees from and
<br />against any claims, demands or causes of action of WhatSOever
<br />kind or nature arising out of error, omission, negligenl act, COnduct,
<br />or miSConduct of the Contractor, their agents, servants or
<br />employees in the provision of gOOds Or the JJerfonnance of services
<br />pursuant 10 this Bid and I or from any procurement decision of the
<br />City inclUding wilhout limitation, awarding the Contract to the
<br />Contractor.
<br />
<br />1.27
<br />
<br />.NON-CONFORMANCE TO CONTRA(;I;
<br />
<br />The City of Sunny Isles Beach may withhold acceptance of, or
<br />reject items which are found upon examination, not to meet the
<br />SJJedficalion reqUirements. Upon written noliflGltion of rejection,
<br />items shall be removed Within (5) calendar days by the vendor al
<br />their own expense and redelivered al their expense. Rejected
<br />gOOds left longer than thirty (30) calendar days will be regarded as
<br />abandoned and the City shall have the right to dispose of them as
<br />Its Own Property. Rejection for non-confonnance or failure 10 meet
<br />
<br />delivery schedules may resull in the Contractor being found in
<br />default
<br />
<br />~EFAULT PROVlSJOlt;.
<br />
<br />In case of default by the I'roposers, the Oty of Sunny Isles Beach
<br />may procure the articles or services from other sources and hold
<br />the Proposers responsible for any excess oosts OCCasioned Or
<br />incurred thereby.
<br />
<br />SECONDARY/OTHER VENDO~
<br />
<br />The City reserves the righl in the event the primary vendor cannot
<br />provide an Item(s) or servlce(s) in a timely manner as requested, to
<br />seek other SOUrces wilhoul vlolaling the intent of the Conlract.
<br />
<br />L28
<br />
<br />1.29
<br />
<br />1.30
<br />
<br />DEfINlno~
<br />
<br />Wherever used in these General Conditions or In lhe other Contract
<br />Documents, the follOWing terms shall have the meaning indicated
<br />which shall be applicable to both the singular and plurallhereof:
<br />
<br />AOCeptance by the Oty of Ihe Work as
<br />being fully complele In accordance with
<br />the Contract Documents subject to
<br />waiver of claims.
<br />
<br />The written Agreement between the City
<br />and the Contractor covering the Work 10
<br />be JJerfonned, which inclUdes the
<br />Conlract Documents.
<br />
<br />Written or graphic instruments iSSUed
<br />Prior to the Bid Opening which modify
<br />Or interpret the Contract Documents,
<br />Drawings and SPecificallons, by
<br />addition, deletions, clarifications or
<br />COrrections.
<br />
<br />Means apProved by the City.
<br />
<br />The offer of the PI'OpOsers submitted on
<br />the Prescribed fonn setting forth the
<br />prices for the Work 10 be performed.
<br />
<br />Any PeI'SOn, finn or COrporation
<br />submllling a Bid for Work.
<br />
<br />Bid, performance bond and other
<br />Instruments of security, furnished by the
<br />Contractor and their surety in
<br />ilCCOrdance with the Contract
<br />Documents and in accordance with the
<br />law of the Stale of Florida.
<br />
<br />A written order to the Contractor Signed
<br />by the City authorizing an addition,
<br />deletion or revision In the Work, or an
<br />adjustment In the Contract Price or the
<br />Contract TIme issued after execution of
<br />Ihe Agreement.
<br />
<br />City of Sunny Isles Beach, 18070 Collins
<br />Avenue, Sunny Isles Beach, Florida
<br />33160.
<br />
<br />Contract Documents: Contract Documents shall InclUde,
<br />Instructions to Proposers, Contrnctor's
<br />Bid, the Bonds, the Notice of Award, the
<br />Agreemenl between the City and
<br />Contractor as well as any addenda
<br />thereto, these General Condilions,
<br />Special Conditions, the Technical
<br />SPecifications, DraWings and
<br />Modifications, Notice to Proceed,
<br />Request for Proposal, Insurance
<br />Certificates, Olange Orders and
<br />
<br />City of Sunny Isles Beach I Request for Proposal No. 12-01-05
<br />
<br />Acceptance:
<br />
<br />Agreement:
<br />
<br />Addenda:
<br />
<br />ApproVed:
<br />Bid:
<br />
<br />Proposers:
<br />
<br />Bonds:
<br />
<br />Change Order:
<br />
<br />City:
<br />
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