ITB 18-03-03 Right-of-Ways and Facilities Landscape Maintenance Services

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City of Sunny Isles Beach | ITB 18-03-03 Right-of-Ways and Facilities Landscape Maintenance Services 11 change and City shall have the right to terminate the contract upon thirty (30) days written notice, at City’s sole discretion. 1.32 HOLD HARMLESS/INDEMNIFICATION: The Contractor shall indemnify, hold harmless, and defend the City of Sunny Isles Beach, it's officers, agents and employees from and against any claims, demands or causes of action of whatsoever kind or nature arising out of error, omission, negligent act, conduct, or misconduct of the Contractor, their agents, servants or employees in the provision of goods or the performance of services pursuant to this Bid and / or from any procurement decision of the City including without limitation, awarding the Contract to the Contractor. 1.33 GRATUITIES: Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, contractor, or agent of the City, for the purpose of influencing consideration of this Bid. 1.34 NON-CONFORMANCE TO CONTRACT: The City of Sunny Isles Beach may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items shall be removed within (5) calendar days by the Bidder at their own expense and redelivered at their expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and the City shall have the right to dispose of them as its own property. Rejection for non-conformance or failure to meet delivery schedules may result in the Contractor being found in default. 1.35 DEFAULT PROVISION: In case of default by the Bidders, the City of Sunny Isles Beach may procure the articles or services from other sources and hold the Bidders responsible for any excess costs occasioned or incurred thereby. 1.36 SECONDARY/OTHER BIDDERS: The City reserves the right in the event the primary Bidder cannot provide an item(s) or service(s) in a timely manner as requested, to seek other sources without violating the intent of the Contract. 1.37 DEFINITIONS: Wherever used in these General Conditions or in the other Contract Documents, the following terms shall have the meaning indicated which shall be applicable to both the singular and plural thereof: Acceptance: Acceptance by the City of the Work as being fully complete in accordance with the Contract Documents subject to waiver of claims. Agreement: The written Agreement between the City and the Contractor covering the Work to be performed, which includes the Contract Documents. Addenda: Written or graphic instruments issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications or corrections. Approved: Means approved by the City. Basic Services: The offer of the Bidders submitted on the prescribed form setting forth the prices for the Work to be performed on a recurring basis. Bid: The offer of the Bidders submitted on the prescribed form setting forth the prices for the Work to be performed. Bid Form: The form that contains the goods or services to be purchased and that must be completed and submitted with the bid. Bidder: Any person, firm or corporation or its duly authorized representative tendering a Submittal in response to this solicitation. Bonds: Bid, performance bond and other instruments of security, furnished by the Contractor and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. Change Order: A written order to the Contractor signed by the City authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement. City: City of Sunny Isles Beach, 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Consultant: A firm that has entered into a separate agreement with the City for the provision of professional services. Contract Documents: Contract Documents shall include, Instructions to Bidders, Contractor's Bid, the Bonds, the