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<br />�85 "s Calvin, Giordano & Associates, Inc.
<br />YEAR4
<br />A SAFEbuift' COMPANY
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<br />"'>' of suo t "
<br />1'--J City of Sunny Isles Beach I RFQ #22-06-01 1 Continuing Services for Landscape Architectural Services CCNA 88
<br />City will take Into consideration dient references, past work experience
<br />appointed for the Firm or for any of their property, or if they file a petition
<br />and work product, proven ability to satisfactorily perform. If the Contract
<br />to take advantage of any debtor's ad, or to reorganize under bankruptcy
<br />Is awarded, the Citywill issue the Notice of Award and give the successful
<br />or similar laws, or if they fall to supply sufficient skilled workmen or
<br />Firm a Contract for execution within ninety (90) days after opening of
<br />equipment, or if they disregard laws, ordinances, rules, regulations or
<br />submissions.
<br />orders of any public body having jurisdiction, or if they disregard the
<br />authority of the City, of if they otherwise violate any provision of, the
<br />1.32
<br />EXECUTION OF AGREEMENT:
<br />Contract Documents, then the City may, without prejudice to any other
<br />right or remedy and after giving the Firm ten (10) days written notice and
<br />At least four counterparts ofthe Agreement, the Certificates of Insurance
<br />terminate the services of the Firm if they fall to cure the noted violations
<br />and such other Documents as required by the Contract Documents shall
<br />within this day cure period. In such case the Firm shall only be paid for
<br />be executed and delivered by the Firm to the City within ten (10) calendar
<br />Work satisfactorily performed up to the effective date oftermination.
<br />days of receipt of the Notice of Award.
<br />1.37.1 Where the Firm's services have been so terminated by the
<br />1.33
<br />LAWS AND REGULATIONS:
<br />City said termination should not affect any rights ofthe City
<br />against the Firm then existing or which may thereafter
<br />The Firm will give all notices and comply with all laws, ordinances, rules
<br />acaue. Any retention or payment of moneys by the City
<br />and regulations applicable to the Work. If the Firm observes that the
<br />due the Firm will not release the Firm from liability.
<br />Specifications are at variance therewith, they will give the City prompt
<br />written notice thereof, and any necessary changes shall be adjusted by an
<br />1.37.2 Upon ten (10) days written notice to the Firm, the City may,
<br />appropriate modification. If the Firm performs any Work knowing it to be
<br />without cause and without prejudice to any other right or
<br />contrary to such laws, ordinances, rules and regulations, and without such
<br />remedy, elect to terminate the Agreement without cause.
<br />notice to the City, they will bear all costs arising wherefrom.
<br />In such case, the Firm shall be paid for all Work satisfactorily
<br />performed and accepted by the City as of the effective date
<br />134
<br />TAXES:
<br />of the termination. No payment shall be made for lost
<br />proft or any other consequential damages for Work that
<br />The CityofSunny Isles Beach is exemptfrom sales tax imposed by the State
<br />has not been performed regardless of whr Firm is
<br />and/or Federal Government. Florida Sales Tax Exemption No. 23-00-
<br />terminated with or without cause. LA
<br />477131-54C appears on each purchase order. Exemption certificates are
<br />available upon request.
<br />1.38 MISCELLANEOUS:,. --,l]
<br />1.35
<br />DUTY TO DEFEND. INDEMNIFY AND SAVE HARMLESS:
<br />Firm acknowledge the following miscellaneous conditions:
<br />In consideration of the separate sum of twenty-five dollars ($25.00) and
<br />1.38.1 Whenever any provision of the Contract Documents
<br />other valuable consideration, the Firm shall defend, Indemnify and hold
<br />requires the giving of written notice it shall be deemed to
<br />harmless the City, its officers, agents and employees, from or on account
<br />have been validly given if delivered in person to the
<br />of any injuries or damages, received or sustained by any person or persons
<br />individual or to a member ofthe firm or to an officer ofthe
<br />during oron account ofany operations connected withtheWork described
<br />corporation for whom It Is Intended, or if delivered at or
<br />In the Contract Documents, or by or In consequence of any negligence in
<br />sent by registered or certified mail, postage prepaid, to the
<br />connection with the same, or by use of any Improper materials or by or on
<br />last business address known to them who gives the notice,
<br />account of any act or omission of the said Firm, agents, servants or
<br />employees. The Firm will defend, Indemnify and hold harmless the City
<br />1.38.2 The Contract Documents shall remain the property of the
<br />and their agents or employees from and against all claims, damages, losses
<br />City. The Firm shall have the right to keep one record set of
<br />and expenses Including attorneys' feesing out of or resulting from the
<br />the Contract Documents upon completion of the Project.
<br />performance of the Work, provided th ny such claim damage, loss or
<br />expense (a) is attributable to bodily injury, sickness, disease or death, or to
<br />1.38.3 The duties and obligations Imposed by these General
<br />injury to or destruction of tangible property (other than Work itself)
<br />Conditions, Special Conditions and Supplemental
<br />Including the loss of use resulting wherefrom and (b) Is mused in whole or
<br />Conditions and the rights and remedies available
<br />in part by any negligent act or omission of the Firm or anyone directly or
<br />hereunder, and, in particular but without limitation, the
<br />indirectlyemplquall by any ofthem or anyone for whose acts any ofthem
<br />warranties, guarantees and obligations Imposed upon Firm
<br />may be liable, j2
<br />and those In the Special Conditions and the rights and
<br />issdemnified-hereunder. In the event theta courtofcompetent jurisdiction
<br />remedies available to the City, shall be in addition to, and
<br />determines thatSec. 725.06 (2), F.S. is applicable to this Work, then in lieu
<br />shall not be construed In any way as a limitation of, any
<br />of the above provisions of this section the parties agree that Firm shall
<br />rights and remedies available by law, by special guarantee
<br />indemnify, defend and hold harmless the City, their officers and
<br />or by other provisions ofthe Contract Documents.
<br />employees, to the fullest extent authorized by Sec. 725.06 (2) F.S., which
<br />statutory provisions shall be deemed to be incorporated herein by
<br />1.38.4 Should the City or the Firm suffer Injury or damage to its
<br />reference as If fully set forth herein. In the event that any action or
<br />person or property because ofany error, omission, oract of
<br />proceeding is brought against City by reason of any such daim or demand,
<br />the other or of any of their employees or agents or others
<br />Firm, upon written notice from City shall defend such action or proceeding
<br />for whose acts they are legally liable, claim shall be made in
<br />by counsel'factory to City. The Indemnification provided above shall
<br />writing to the other parry within a reasonable time of the
<br />obligate Hr defend at its own expense or to provide for such defense,
<br />first observance ofsuch injury or damage.
<br />at City's option, any and all claims of liability and all suits and actions of
<br />every name and description that may be brought against City, excluding
<br />1.39 WAIVER OF JURY TRIAL:
<br />only those which allege that the Injuries arose out of the sole negligence
<br />of City, which may result from the operations and activities under this
<br />City and Firm knowingly, irrevocably voluntarily and Intentionally waive
<br />Contract whether the Work be performed by Firm or by anyone directly or
<br />any right either may have to a trial by jury in State or Federal Court
<br />indirectly employed by either.
<br />proceedings In respect to any action, proceeding, lawsuit or counterclaim
<br />based upon the Contract Documents or the performance of the Work
<br />1.36
<br />DECISIONS ON DISAGREEMENTS:
<br />there under.
<br />The City will be the initial interpreter of the Technical Specifications.
<br />1.40 GOVERNING LAW:
<br />1.37
<br />CITY MAY TERMINATE:
<br />The Contract shall be construed In accordance with and governed by the
<br />law ofthe State of Florida.
<br />If the Firm is adjudged bankrupt or insolvent, or if they make a general
<br />assignment for the benefit of their creditors, or if a trustee or receiver is
<br />1.41 VENUE:
<br />City of Sunny Isles Beach
<br />I Request for Qualifications No. 22-06-01
<br />1'--J City of Sunny Isles Beach I RFQ #22-06-01 1 Continuing Services for Landscape Architectural Services CCNA 88
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