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<br />City of Sunny Isles Beach |Request for Proposals No. 18-03-01 15 <br /> <br /> <br />3. The Contractor has failed to make prompt payment to subcontractors or suppliers <br />for any Services; <br />4. The Contractor has become insolvent (other than as interdicted by the bankruptcy <br />laws), or has assigned the proceeds received for the benefit of the Contractor's <br />creditors, or the Contractor has taken advantage of any insolvency statute or <br />debtor/creditor law or if the Contractor's affairs have been put in the hands of a <br />receiver; <br />5. The Contractor has failed to obtain the approval of the City where required by the <br />Agreement; <br /> <br />2.16 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS <br /> <br />The bidder or proposer certifies, by submission of a response to this solicitation, that <br />neither it nor its principals and subcontractors are presently debarred or suspended by <br />any Federal department or agency. <br /> <br />2.17 USE OF SUB-CONTRACTORS <br /> <br />If one or more subcontractors are to be used, the subcontractor must be clearly identified <br />and noted in the submittal when it is submitted. The City must approve any changes in <br />the use of subcontractors in advance and in writing. No such approval will be construed <br />as making the City a party to such subcontract, or subjecting the City to liability of any <br />kind to any subcontractor. No subcontractor will under any circumstances relieve the <br />Respondent of its liability and obligation under any resulting contract. Subcontractor is <br />subject to the same contractual conditions as is the Respondent. The successful firm shall <br />be responsible for all payments to any sub-consultants and shall maintain responsibility <br />for all work related to the Project. <br /> <br />2.18 RELEASE OF LIABILITY <br /> <br />The Contractor shall release and discharge the City of Sunny Isles Beach from any and all <br />liability for loss of merchandise, goods, equipment or other property of the Contractor or <br />his agents if lost, damaged, or destroyed by fire, theft, rain, water, storm, riot, civil <br />disobedience, vandalism, or any other cause(s). The Contractor must provide, and have <br />sole responsibility for, all security measures, which may be required to protect his <br />equipment, materials and facilities. <br /> <br />