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<br /> change and City shall have the right to terminate the Agreement: The written Agreement between
<br /> contract upon thirty(30)days written notice,at City's sole the City and the Contractor
<br /> discretion. covering the Work to be
<br /> performed, which includes the
<br /> 1.32 HOLD HARMLESS/INDEMNIFICATION: Contract Documents.
<br /> The Contractor shall indemnify,hold harmless,and defend Addenda: Written or graphic instruments
<br /> the City of Sunny Isles Beach, it's officers, agents and issued prior to the Bid Opening
<br /> employees from and against any claims, demands or which modify or interpret the
<br /> causes of action of whatsoever kind or nature arising out Contract Documents,Drawings and
<br /> of error,omission, negligent act, conduct,or misconduct Specifications, by addition,
<br /> of the Contractor,their agents,servants or employees in deletions, clarifications or
<br /> the provision of goods or the performance of services corrections.
<br /> pursuant to this Bid and / or from any procurement
<br /> decision of the City including without limitation,awarding Approved: Means approved by the City.
<br /> the Contract to the Contractor.
<br /> Basic Services: The offer of the Bidders submitted
<br /> 1.33 GRATUITIES: on the prescribed form setting forth
<br /> the prices for the Work to be
<br /> Bidders shall not offer any gratuities,favors,or anything of performed on a recurring basis.
<br /> monetary value to any official,contractor,or agent of the
<br /> City, for the purpose of influencing consideration of this Bid: The offer of the Bidders submitted
<br /> Bid. on the prescribed form setting forth
<br /> the prices for the Work to be
<br /> 1.34 NON-CONFORMANCE TO CONTRACT: performed.
<br /> The City of Sunny Isles Beach may withhold acceptance of, Bid Form: The form that contains the goods
<br /> or reject items which are found upon examination,not to or services to be purchased and
<br /> meet the specification requirements. Upon written that must be completed and
<br /> notification of rejection,items shall be removed within(5) submitted with the bid.
<br /> calendar days by the Bidder at their own expense and
<br /> redelivered at their expense. Rejected goods left longer Bidder: Any person,firm or corporation or
<br /> than thirty (30) calendar days will be regarded as its duly authorized representative
<br /> abandoned and the City shall have the right to dispose of tendering a Submittal in response
<br /> them as its own property. Rejection for non-conformance to this solicitation.
<br /> or failure to meet delivery schedules may result in the
<br /> Contractor being found in default. Bonds: Bid, performance bond and other
<br /> instruments of security, furnished
<br /> 1.35 DEFAULT PROVISION: by the Contractor and their surety
<br /> in accordance with the Contract
<br /> In case of default by the Bidders,the City of Sunny Isles Documents and in accordance with
<br /> Beach may procure the articles or services from other the law of the State of Florida.
<br /> sources and hold the Bidders responsible for any excess
<br /> costs occasioned or incurred thereby. Change Order: A written order to the Contractor
<br /> signed by the City authorizing an
<br /> 1.36 SECONDARY/OTHER BIDDERS: addition,deletion or revision in the
<br /> Work, or an adjustment in the
<br /> The City reserves the right in the event the primary Bidder Contract Price or the Contract Time
<br /> cannot provide an item(s)or service(s)in a timely manner issued after execution of the
<br /> as requested,to seek other sources without violating the Agreement.
<br /> intent of the Contract.
<br /> City: City of Sunny Isles Beach, 18070
<br /> 1.37 DEFINITIONS: Collins Avenue,Sunny Isles Beach,
<br /> Florida 33160.
<br /> Wherever used in these General Conditions or in the
<br /> other Contract Documents,the following terms shall have
<br /> the meaning indicated which shall be applicable to both Consultant: A firm that has entered into a
<br /> the singular and plural thereof: separate agreement with the City
<br /> for the provision of professional
<br /> Acceptance: Acceptance by the City of the Work services.
<br /> as being fully complete in
<br /> accordance with the Contract
<br /> Documents subject to waiver of Contract
<br /> claims. Documents: Contract Documents shall include,
<br /> Instructions to Bidders,
<br /> Contractor's Bid, the Bonds, the
<br /> City of Sunny Isles Beach I ITB 18-03-03 Right-of-Ways and Facilities Landscape Maintenance Services 11
<br /> Lukes' Landscaping, Inc.
<br /> .1117
<br />
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