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<br />
<br />Contracting Officer:
<br />
<br />Contractor:
<br />
<br />Day:
<br />
<br />Field Order:
<br />
<br />Modification:
<br />
<br />Notice of Award:
<br />
<br />Samples:
<br />
<br />The individual who is
<br />authorized to sign the
<br />contract documents on
<br />behalf of the City's
<br />governing body.
<br />
<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 />The person, firm or corporation with
<br />whom the City has executed this
<br />Agreement.
<br />
<br />A calendar day of twenty-four hours
<br />measured from midnight to the next
<br />midnight.
<br />
<br />1.31 BID AWARD:
<br />
<br />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 />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 w~h the criteria
<br />set forth in Section 62-B 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 publiC works and Waste Management Services as described in
<br />this Request for Qualifications, as substantiated by the required
<br />professional experience, client references, technical knowledge and
<br />qualifications; and sufficient labor and equipment to comply with
<br />the City's established standards, as well as the financial capability
<br />of the Proposer to perform the Work in accordance w~h the
<br />Contract Documents to the satisfaction of the City w~hin the time
<br />prescribed. The City reserves the right to reject the Bid of any
<br />Proposers on the basis of these queries and investigations and who
<br />does not meet the City's satisfaction, even though the firm may be
<br />the lowest dollars and cents Bid. In analyzing Bids, the City will
<br />also take into consideration client references, past work experience
<br />and work product, proven ability to satisfactorily perform If the
<br />Contract is awarded, the City will issue the Notice of Award and
<br />give the successful Proposers a Contract for execution w~hin ninety
<br />(90) days after opening of Bids. The City specifically reserves the
<br />right 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 />Modification means anyone 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 />The written notice by City to the
<br />apparent successful Proposers stating
<br />that upon compliance w~h the
<br />cond~ions precedent to be fulfilled by
<br />him within the time specified, City will
<br />execute and deliver the Agreement to
<br />him.
<br />
<br />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 />1.32
<br />
<br />EXECUTION OF AGREEMENT:
<br />
<br />At least four counterparts of the Agreement the Performance Bond,
<br />the Certificates of Insurance and such other Documents as required
<br />by the Contract Documents shall be executed and delivered by
<br />Contractor to the City w~hin ten (10) calendar days of receipt of
<br />the Notice of Award.
<br />
<br />Statement of Services: The form furnished by the
<br />City which is to be used by
<br />the Contractor in
<br />requesting progress
<br />payments.
<br />
<br />1.33
<br />
<br />LAWS AND REGULATIONS:
<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 />The Contractor will give all notices and comply w~h 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 />w~hout such notice to the City, they will bear all costs arising
<br />wherefrom.
<br />
<br />Work: Any and all obligations, duties and
<br />responsibil~ies 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 />1.34
<br />
<br />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.
<br />
<br />1.3S
<br />
<br />DUTY TO DEFEND. INDEMNIFY AND SAVE HARMLESS:
<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 w~h Contract requirements.
<br />
<br />In consideration of the separate sum of twenty-five dollars ($25.00)
<br />and other valuable consideration, the Contractor shall defend,
<br />indemnify and save harmless the City, its officers, agents and
<br />
<br />City of Sunny Isles Beach I Request for Qualifications No. 12-04-04
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