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<br /> Proposers responsible for any excess costs occasioned or incurred
<br /> Proposers shall furnish to the Office of the City Clerk,City of Sunny thereby.
<br /> Isles Beach,18070 Collins Avenue,Sunny Isles Beach,Florida 33160,
<br /> certificate(s)of insurance which indicate that insurance coverage has 1.29 SECONDARY/OTHER VENDORS:
<br /> been obtained from an insurance company authorized to do business
<br /> in the State of Florida or otherwise secured in a manner satisfactory The City reserves the right in the event the primary vendor cannot
<br /> to the City, for those coverage types and amounts listed in this provide an item(s)or service(s)in a timely manner as requested,to
<br /> document,in an amount equal to 100%of the requirements and seek other sources without violating the intent of the Contract.
<br /> shall be presented to the City prior to issuance of any Contract(s)or
<br /> Award(s) Document(s). The Gty of Sunny Isles Beach shall be 1.30 DEFINITIONS;
<br /> named as"additional insured"with respect to this coverage. The
<br /> required certificates of insurance shall not only name the types of Wherever used in these General Conditions or in the other Contract
<br /> policies provided, but shall also refer specifically to this Bid and Documents,the following terms shall have the mear:ing indicated
<br /> section. At the time of Bid submission the Proposers must submit which shall be applicable to both the singular and plural thereof:
<br /> certificates of insurance as outlined in the General Conditions
<br /> section. All required insurances shall name the City of Sunny Isles Acceptance: Acceptance by the City of the Work as
<br /> Beach as additional insured and such insurance shall be issued by being fully complete in accordance with
<br /> companies authorized to issue insurance in the State of Florida. It the Contract Documents subject to
<br /> shall be the responsibility of the Proposers and insurer to notify the waiver of claims.
<br /> Gty Manager of the City of Sunny Isles Beach of cancellation,lapse,
<br /> or material modification of any insurance policies insuring the Agreement: The written Agreement between the City
<br /> Proposers,which relate to the activities of such vendor and the City and the Contractor covering the Work to
<br /> of Sunny Isles Beach. Such notification shall be in writing,and shall be performed, which includes the
<br /> be submitted to the Gty finance support service director thirty(30) Contract Documents.
<br /> days prior to cancellation of such policies. This requirement shall be
<br /> reflected on the certificate of insurance. Failure to fully and Addenda: Written or graphic instruments issued
<br /> satisfactorily comply with the city's insurance and bonding prior to the Bid Opening which modify or
<br /> requirements set forth herein will authorize the Gty Manager to interpret the Contract Documents,
<br /> implement a rescission of the Bid award without further Gty Drawings and Specifications,by addition,
<br /> Commission action. The Proposers hereby holds the City harmless deletions,darifications or corrections.
<br /> and agrees to indemnify City and covenants not to sue the'City by
<br /> virtue of such rescission. Approved: Means approved by the City.
<br /> 1.25 ASSIGNMENT; Bid: The offer of the Proposers submitted on
<br /> the prescribed form setting forth the
<br /> The Contractor shall not transfer or assign the performance required prices for the Work to be performed.
<br /> by this Bid without prior written consent of the City Manager. Any
<br /> award issued pursuant to the Request for Proposal and monies which Proposers: Any person, firm or corporation
<br /> may be due hereunder are not assignable except with prior written submitting a Bid for Work.
<br /> approval of the Gty Manager. Further,in the event that the majority
<br /> ownership or control of the Contractor changes hands subsequent to Bonds: Bid, performance bond and other
<br /> the award of this contract,Contractor shall promptly notify Gty in instruments of security,furnished by the
<br /> writing (via United States Postal Service—Certified Mail, Return Contractor and their surety in accordance
<br /> Receipt Requested)of such change in ownership or control at least with the Contract Documents and in
<br /> thirty(30)days prior to such change and Gty shall have the right to accordance with the law of the State of
<br /> terminate the contract upon sixty(60)days written notice,at City's Florida.
<br /> sole discretion.
<br /> Change Order: A written order to the Contractor signed
<br /> 1.26 }COLD HARMLESS/INDEMNIFICATION; by the City authorizing an addition,
<br /> deletion or revision in the Work,or an
<br /> The Contractor shall indemnify,hold harmless,and defend the Gty adjustment in the Contract Price or the
<br /> of Sunny Isles Beach,it's officers,agents and employees from and Contract Time issued after execution of
<br /> against any daims,demands or causes of action of whatsoever kind the Agreement.
<br /> or nature arising out of error,omission,negligent act,conduct,or
<br /> misconduct of the Contractor,their agents,servants or employees in City: Gty of Sunny Isles Beach,18070 Collins
<br /> the provision of goods or the performance of services pursuant to Avenue, Sunny Isles Beach, Florida
<br /> this Bid and/or from any procurement decision of the Gty including 33160.
<br /> without'limitation,awarding the Contract to the Contractor.
<br /> Contract Documents: Contract Documents shall indude,
<br /> 1.27 NON-CONFORMANCE TO CONTRACT; Instructions to Proposers, Contractor's
<br /> Bid,the Bonds,the Notice of Award,the
<br /> The Gty of Sunny Isles Beach may withhold acceptance of,or reject Agreement between the Gty and
<br /> items which are found upon examination, not to meet the Contractor as well as any addenda
<br /> • specification requirements. Upon written notification of rejection, thereto, these General Conditions,
<br /> items shall be removed within(5)calendar days by the vendor at Special Conditions, the Technical
<br /> their own expense and redelivered at their expense. Rejected goods Specifications, Drawings and
<br /> left longer than thirty (30) calendar days will be regarded as Modifications, Notice to Proceed,
<br /> abandoned and the City shall have the right to dispose of them as Request for Proposal, Insurance
<br /> its own property. Rejection for non-conformance or failure to meet Certificates, Change Orders and
<br /> delivery schedules may result in the Contractor being found in Acknowledgment of Conformance with
<br /> default. the Gty of Sunny Isles Beach.
<br /> 1.28 DEFAULT PROVISION: Contract Price: The total monies payable to the
<br /> Contractor under the Contract
<br /> In case of default by the Proposers,the Gty of Sunny Isles Beach Documents.
<br /> may procure the articles or services from other sources and hold the
<br /> City of Sunny Isles Beach I Request for Proposal No. 17-02-01 ` 6__
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