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