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<br />City of Sunny Isles Beach |Request for Proposal No. 17-11-01 6
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<br />Proposers shall furnish to the Office of the City Clerk, City of Sunny
<br />Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160,
<br />certificate(s) of insurance which indicate that insurance coverage has
<br />been obtained from an insurance company authorized to do business
<br />in the State of Florida or otherwise secured in a manner satisfactory
<br />to the City, for those coverage types and amounts listed in this
<br />document, in an amount equal to 100% of the requirements and
<br />shall be presented to the City prior to issuance of any Contract(s) or
<br />Award(s) Document(s). The City of Sunny Isles Beach shall be
<br />named as "additional insured" with respect to this coverage. The
<br />required certificates of insurance shall not only name the types of
<br />policies provided, but shall also refer specifically to this Bid and
<br />section. At the time of Bid submission the Proposers must submit
<br />certificates of insurance as outlined in the General Conditions
<br />section. All required insurances shall name the City of Sunny Isles
<br />Beach as additional insured and such insurance shall be issued by
<br />companies authorized to issue insurance in the State of Florida. It
<br />shall be the responsibility of the Proposers and insurer to notify the
<br />City Manager of the City of Sunny Isles Beach of cancellation, lapse,
<br />or material modification of any insurance policies insuring the
<br />Proposers, which relate to the activities of such vendor and the City
<br />of Sunny Isles Beach. Such notification shall be in writing, and shall
<br />be submitted to the City finance support service director thirty (30)
<br />days prior to cancellation of such policies. This requirement shall be
<br />reflected on the certificate of insurance. Failure to fully and
<br />satisfactorily comply with the city's insurance and bonding
<br />requirements set forth herein will authorize the City Manager to
<br />implement a rescission of the Bid award without further City
<br />Commission action. The Proposers hereby holds the City harmless
<br />and agrees to indemnify City and covenants not to sue the City by
<br />virtue of such rescission.
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<br />1.25 ASSIGNMENT:
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<br />The Contractor shall not transfer or assign the performance required
<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
<br />may be due hereunder are not assignable except with prior written
<br />approval of the City Manager. Further, in the event that the majority
<br />ownership or control of the Contractor changes hands subsequent to
<br />the award of this contract, Contractor shall promptly notify City in
<br />writing (via United States Postal Service – Certified Mail, Return
<br />Receipt Requested) of such change in ownership or control at least
<br />thirty (30) days prior to such change and City shall have the right to
<br />terminate the contract upon sixty (60) days written notice, at City’s
<br />sole discretion.
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<br />1.26 HOLD HARMLESS/INDEMNIFICATION:
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<br />The Contractor shall indemnify, hold harmless, 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 kind
<br />or nature arising out of error, omission, negligent act, conduct, or
<br />misconduct of the Contractor, their agents, servants or employees in
<br />the provision of goods or the performance of services pursuant to
<br />this Bid and / or from any procurement decision of the City including
<br />without limitation, awarding the Contract to the Contractor.
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<br />1.27 NON-CONFORMANCE TO CONTRACT:
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<br />The City of Sunny Isles Beach may withhold acceptance of, or reject
<br />items which are found upon examination, not to meet the
<br />specification requirements. Upon written notification of rejection,
<br />items shall be removed within (5) calendar days by the vendor at
<br />their own expense and redelivered at their expense. Rejected goods
<br />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-conformance or failure to meet
<br />delivery schedules may result in the Contractor being found in
<br />default.
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<br />1.28 DEFAULT PROVISION:
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<br />In case of default by the Proposers, the City of Sunny Isles Beach
<br />may procure the articles or services from other sources and hold the
<br />Proposers responsible for any excess costs occasioned or incurred
<br />thereby.
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<br />1.29 SECONDARY/OTHER VENDORS:
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<br />The City reserves the right in the event the primary vendor cannot
<br />provide an item(s) or service(s) in a timely manner as requested, to
<br />seek other sources without violating the intent of the Contract.
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<br />1.30 DEFINITIONS:
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<br />Wherever used in these General Conditions or in the other Contract
<br />Documents, the following terms shall have the meaning indicated
<br />which shall be applicable to both the singular and plural thereof:
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<br />Acceptance: Acceptance by the City of the Work as
<br />being fully complete in accordance with
<br />the Contract Documents subject to
<br />waiver of claims.
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<br />Agreement: The written Agreement between the City
<br />and the Contractor covering the Work to
<br />be performed, which includes the
<br />Contract Documents.
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<br />Addenda: Written or graphic instruments issued
<br />prior to the Bid Opening which modify or
<br />interpret the Contract Documents,
<br />Drawings and Specifications, by addition,
<br />deletions, clarifications or corrections.
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<br />Approved: Means approved by the City.
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<br />Bid: The offer of the Proposers submitted on
<br />the prescribed form setting forth the
<br />prices for the Work to be performed.
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<br />Proposers: Any person, firm or corporation
<br />submitting a Bid for Work.
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<br />Bonds: Bid, performance bond and other
<br />instruments of security, furnished by the
<br />Contractor and their surety in accordance
<br />with the Contract Documents and in
<br />accordance with the law of the State of
<br />Florida.
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<br />Change Order: 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 />the Agreement.
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<br />City: City of Sunny Isles Beach, 18070 Collins
<br />Avenue, Sunny Isles Beach, Florida
<br />33160.
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<br />Contract Documents: Contract Documents shall include,
<br />Instructions to Proposers, Contractor's
<br />Bid, the Bonds, the Notice of Award, the
<br />Agreement between the City and
<br />Contractor as well as any addenda
<br />thereto, these General Conditions,
<br />Special Conditions, the Technical
<br />Specifications, Drawings and
<br />Modifications, Notice to Proceed,
<br />Request for Proposal, Insurance
<br />Certificates, Change Orders and
<br />Acknowledgment of Conformance with
<br />the City of Sunny Isles Beach.
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<br />Contract Price: The total monies payable to the
<br />Contractor under the Contract
<br />Documents.
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