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<br />City of Sunny Isles Beach | ITB 18-03-03 Right-of-Ways and Facilities Landscape Maintenance Services 13
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<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
<br />applied to the Work.
<br />
<br />Subcontractor: A person, firm, or corporation
<br />having a direct Contract with
<br />Contractor, including one who
<br />furnishes material, equipment or
<br />services necessary to perform the
<br />Work.
<br />Supplemental
<br />Services: Those services that are performed
<br />on a periodic basis (on demand) for
<br />which the Contractor receives
<br />compensation on the prescribed
<br />form setting forth the prices for the
<br />Work being performed.
<br />
<br />Supplier: Any person or organization who
<br />supplies materials or equipment for
<br />the Work, including that fabricated
<br />to a special design, but who does
<br />not perform labor at the site.
<br />
<br />Turf: Grass or other vegetation
<br />considered desirable for the
<br />particular park or right-of-way.
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<br />Unbalanced Bid: Pricing that is not consistent with
<br />pricing in the industry or with
<br />market conditions and a
<br />comparison to the pricing
<br />submitted by other Bidders.
<br />
<br />Unsatisfactory
<br />Work: Work performed by the Contractor
<br />that has been determined through
<br />City inspection to not meet the
<br />Performance Standards.
<br />
<br />Work: Any and all obligations, duties and
<br />responsibilities necessary to the
<br />successful completion of the
<br />Project assigned to or undertaken
<br />by Contractor under the Contract
<br />Documents, including all labor,
<br />materials, equipment and other
<br />incidentals, and the furnishing
<br />thereof.
<br />
<br />Work Order: A document issued by the City
<br />awarding Additional Services to a
<br />Contractor.
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<br />Written Notice: The term “Notice” as used herein
<br />shall mean and include all written
<br />notices, demands, instructions,
<br />claims, approvals and disapprovals
<br />required to obtain compliance with
<br />Contract requirements. Written
<br />notice shall be deemed to have
<br />been duly served if delivered in
<br />person to the individual or to a
<br />member of the firm or to an officer
<br />of the corporation for whom it is
<br />intended, or to an authorized
<br />representative or such individual,
<br />firm, or corporation, or if delivered
<br />at or sent by registered mail to the
<br />last business address known to
<br />them who gives the notice. Unless
<br />otherwise stated in writing, any
<br />notice to or demand upon the City
<br />under this Contract shall be
<br />delivered to the City.
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<br />1.38 BID AWARD:
<br />
<br />The City anticipates awarding one or more contracts to the
<br />lowest responsive and responsible Bidder(s) that is in the
<br />best interest of the City. The City reserves the right to
<br />reject any and all Bids, with or without cause, to waive
<br />technical errors and informalities, or to cancel or re-issue
<br />this solicitation at its sole discretion. The City also reserves
<br />the right to reject the Bid of any Bidder who has failed to
<br />previously perform under a contract, is in arrears to the
<br />City, is involved in an on-going bankruptcy as a debtor, or
<br />in a reorganization, liquidation, or dissolution proceeding.
<br />The City reserves the right to reject any Bid where the line
<br />item pricing is determined to be unbalanced. Such
<br />determination will be made at the sole discretion of the
<br />City. An unbalanced Bid price, which will be determined at
<br />the sole discretion of the City, includes, but is not limited
<br />to, pricing that is not consistent with pricing in the industry
<br />or with market conditions and a comparison to the pricing
<br />submitted by other Bidders. An unbalanced Bid typically
<br />occurs where the prices for one or more line items are too
<br />low a price to cover the actual cost to perform the Work
<br />(including overhead and profit) or too high a price where
<br />excessive profit will occur. Bids shall be awarded by the
<br />City after the City performs all necessary searches,
<br />inquiries, exploration, and analysis of the Bids. The City
<br />may require demonstration of competency and, at its sole
<br />discretion, conduct site visit(s) and inspections of the
<br />Bidder’s place of business, require the Bidder to furnish
<br />documentation or require the Bidder to attend a meeting
<br />to determine the Bidder’s qualifications and ability to meet
<br />the terms and conditions of this Contract. The Bid shall be
<br />awarded to the lowest responsible and responsive bidder
<br />whose Bid best serves the interests of and represents the
<br />best value to the City in conformity with the criteria set
<br />forth in Section 62-8 of the City Code. No Notice of Award
<br />will be given until the City has concluded any
<br />investigation(s) as they deem necessary to establish the
<br />Bidder’s capability to perform the Services as described in
<br />this ITB, RFQ or ITQ, as substantiated by the required
<br />professional experience, client references, technical
<br />knowledge and qualifications; and sufficient labor and
<br />equipment to comply with the City’s established standards,
<br />as well as the financial capability of the Bidder to perform
<br />the Work in accordance with the Contract Documents to
<br />the satisfaction of the City within the time prescribed. The
<br />City reserves the right to reject the Bid of any Bidders on
<br />the basis of these queries and investigations and who does
<br />not meet the City’s satisfaction, even though the firm may
<br />be the lowest dollars and cents Bid. In analyzing Bids, the
<br />City will also take into consideration client references, past
<br />work experience and work product, proven ability to
<br />satisfactorily perform. If the Contract is awarded, the City
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