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<br />City of Sunny Isles Beach | ITB 18-03-03 Right-of-Ways and Facilities Landscape Maintenance Services 9
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<br />meeting the requirements for the Contract. Also, price,
<br />responsibility, and responsiveness of the Bidders, the
<br />financial position, experience, staffing, equipment,
<br />materials, references, and past history of service to the City
<br />and/or with other units of state, and/or local governments
<br />in Florida, or comparable private entities, will be taken into
<br />consideration in the Award of the Contract.
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<br />1.16.1 Hold Harmless: All Bidder’s shall hold the City,
<br />it's officials and employees harmless and
<br />covenant not to sue the City, it's officials and
<br />employees in reference to their decisions to
<br />reject, award, or not award a Bid, as
<br />applicable.
<br />1.16.2 Cancellation: Failure on the part of the Bidders
<br />to comply with the conditions, specifications,
<br />requirements, and terms as determined by the
<br />City, shall be just cause for cancellation of the
<br />Award.
<br />1.16.3 Disputes: If any dispute concerning a question
<br />of fact arises under the Contract, other than
<br />termination for default or convenience, the
<br />Contractor and the City department
<br />responsible for the administration of the
<br />Contract shall make a good faith effort to
<br />resolve the dispute. If the dispute cannot be
<br />resolved by agreement, then the department
<br />with the advice of the City Attorney shall
<br />resolve the dispute and send a written copy of
<br />its decision to the Contractor, which shall be
<br />binding on both parties.
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<br />1.17 COLLUSION:
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<br />Where two (2) or more related parties each submit a bid
<br />or bids for any contract, such bids or bids shall be
<br />presumed to be collusive. The foregoing presumption may
<br />be rebutted by presentation of evidence as to the extent
<br />of ownership, control and management of such related
<br />parties in the preparation and submittal of such bid or bids.
<br />"Related parties" means bidders or the principals thereof
<br />which have a direct or indirect ownership interest in
<br />another bidder for the same contract, or in which a parent
<br />company or the principals thereof of one (1) bidder have a
<br />direct or indirect ownership interest in another bidder for
<br />the same contract. Bid or bids found to be collusive shall
<br />be rejected. Bidders who have been found to have
<br />engaged in collusion may also be suspended or debarred,
<br />and any contract resulting from collusive bidding may be
<br />terminated for cause.
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<br />1.18 AGREEMENT:
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<br />After the Bid award, the City will, at its option, prepare an
<br />Agreement specifying the terms and conditions resulting
<br />from the award of this Bid. The Bidder will have ten (10)
<br />calendar days after notification of the award by the City to
<br />execute the Agreement and provide the required
<br />Performance Bond.
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<br />The Bidders who has the Contract awarded to them and
<br />who fails to execute the Agreement and furnish the
<br />Performance Bond and Insurance Certificates within the
<br />specified time shall forfeit the Bid Security that
<br />accompanied their Bid, and the Bid Security shall be
<br />retained as liquidated damages by the City, and it is agreed
<br />that this sum is a fair estimate of the amount of damages
<br />the City will sustain in case the Bidders fails to enter into
<br />the Contract and furnish the Bonds as herein before
<br />provided. Bid Security deposited in the form of a cashier’s
<br />check drawn on a local bank in good standing shall be
<br />subject to the same requirements as a Bid Bond.
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<br />The performance of the City of Sunny Isles Beach of any
<br />of its obligations under the agreement shall be subject to
<br />and contingent upon the availability of funds lawfully
<br />expendable for the purposes of the agreement for the
<br />current and any future periods provided for within the Bid
<br />specifications.
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<br />1.19 PAYMENTS:
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<br />Payment will be made after commodities/services have
<br />been received, accepted, and properly invoiced as
<br />indicated in the contract and/or work order. Invoices must
<br />bear the work order number.
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<br />1.20 BRAND NAMES:
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<br />If a brand name, make, of any "or equal" manufacturer
<br />trade name, or Bidder catalog is mentioned whether or not
<br />followed by the words "approved equal" it is for the
<br />purpose of establishing a grade or quality of material only.
<br />Bidder may offer equals with appropriate identification,
<br />samples, and/or specifications on such item(s). The City
<br />shall be the sole judge concerning the merits of items Bid
<br />as equals.
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<br />1.21 MATERIAL:
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<br />Material(s) delivered to the City under this Bid shall remain
<br />the property of the seller until accepted to the satisfaction
<br />of the City. In the event materials supplied to City are
<br />found to be defective or do not conform to specifications,
<br />the City reserves the right to return the product(s) to the
<br />seller at the seller’s expense.
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<br />1.22 SAMPLES:
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<br />Samples of items, when required, must be furnished by the
<br />Bidders free of charge to the City. Each individual sample
<br />must be labeled with the Bidders name and manufacturer's
<br />brand name and delivered by them within ten (10) calendar
<br />days of Bidders receipt of the “Notice to Proceed”, unless
<br />schedule indicates a different time. If samples are
<br />requested subsequent to the Bid opening, they should be
<br />delivered within ten (10) calendar days of the request. The
<br />City will not be responsible for returning samples.
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<br />1.23 QUANTITY GUARANTY:
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<br />No guaranty or warranty is given or implied by the City as
<br />to the total amount that may or may not be purchased from
<br />any resulting Contract or Award. These quantities are for
<br />Bid purposes only and will be used for tabulation and
<br />presentation of the Bid. The City reserves the right to
<br />increase or decrease quantities as required, even
<br />significantly. The prices offered herein and the percentage
<br />rate of discount applies to other representative items not
<br />listed in this Bid.
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