|
to City. The indemnification provided above shall obligate Contractor to
<br />defend at its own expense or to provide for such defense, at City's 1.38.3 The duties and obligations imposed by these General
<br />option, any and all claims of liability and all suits and actions of every Conditions, Special Conditions and Supplemental
<br />name and description that may be brought against City, excluding only Conditions and the rights and remedies available
<br />those which allege that the Injuries arose out of the sole negligence of hereunder, and, in particular but. without limitation, the
<br />City, which may result from the operations and activities under this warranties, guarantees and obligations imposed upon
<br />Contract whether the Work be performed by Contractor, its Sub- Contractor and those in. the Special Conditions and the
<br />Contractors, or by anyone directly or indirectly employed by either. rights and remedies available to the City, shall be in
<br />addition to, and shall not be construed In any way as a
<br />1.36 DECISIONS ON DISAGREEMENTS: limitation of, any rights and remedies available by law, by,
<br />special guarantee or by other provisions of the Contract
<br />The City will be the initial Interpreter of the Technical Specifications. Documents.
<br />1.37 .CITY MAY TERMINATE:
<br />1.38.4 Should the City or the Contractor suffer Injury or damage
<br />to its person or property because of any error, omission,
<br />If the Contractor is adjudged bankrupt or insolvent, or if they make a
<br />or act of the other or of any of their employees or agents
<br />general assignment for the benefit of their creditors, or if a trustee or
<br />or others for whose acts they are legally liable, claim shall
<br />receiver Is appointed for the Contractor or for any of their property, or if
<br />be made In writing to the other party within a reasonable
<br />they file a petition to take advantage of any debtors act, or to reorganize
<br />time of the first observance of such In jury or damage.
<br />under bankruptcy or similar laws, or If they repeatedly fails to supply
<br />sufficient skilled workmen or suitable materials or equipment, or if they
<br />1.39
<br />WAIVER OF JURY TRIAL:
<br />repeatedly fail to make prompt payments to Sub -Contractors or for labor,
<br />materials or equipment or they disregard laws, ordinances, rules,
<br />City and Contractor knowingly, Irrevocably voluntarily and intentionally
<br />regulations or orders of any publicbody having jurisdiction, or if they
<br />waive any right either may have to a trial byjury in State or Federal Court
<br />disregard the authority of the City, of if they otherwise violate any
<br />proceedings in respect to any action, proceeding, lawsuit or counterclaim
<br />provision of, the Contract Documents, then the City may, without
<br />based upon the Contract Documents or the performance of the Work
<br />prejudice to any other right or remedy and after giving the Contractor
<br />there under.
<br />and the surety ten (10) days written notice, terminate the services of the
<br />Contractor and take possession of the Project and of all materials,
<br />1.40
<br />GOVERNING LAW:
<br />equipment, tools, construction equipment and machinery thereon owned
<br />by the Contractor, and finish the Work by whatever method they may
<br />The Contract shall be construed in accordance with and governed by the
<br />deem expedient. In such case the Contractor shall not be entitled to
<br />law of the State of Florida.
<br />receive any further payment until the Work is finished. If the unpaid
<br />balance of the Contract Price exceeds the direct and Indirect costs of
<br />1.41
<br />VENUE:
<br />completing the Project, including compensation for additional
<br />professional services, such excess shall be paid to the Contractor. If such
<br />Venue of any action to enforce the Contract Documents shall be in
<br />costs exceed such unpaid balance, the Contractor will pay the difference
<br />Miami -Dade County, Florida.
<br />to the City. Such costs Incurred by the City will be determined by the City
<br />and incorporated in a Change Order. if after termination of the
<br />1.42
<br />ARBITRATION:
<br />Contractor under this Section, it is determined by a court of competent
<br />Jurisdiction for any reason that the Contractor was not In default, the
<br />It Is the Intention of the parties that whenever possible, If a dispute or
<br />rights and obligations of the City and the Contractor shall be the same as
<br />controversy arises hereunder then such dispute or controversy shall be
<br />ifthe termination had beenissued pursuant to this document.
<br />settled by arbitration In accordance with the procedures, rules and
<br />regulations of the American Arbitration • Association. The decision
<br />1.37.1 Where the Contractors services have been so terminated
<br />rendered by the Arbitrator shall be final and binding upon the parties and
<br />by the City said termination shall not affect any rights of
<br />judgment upon the award rendered by the arbitrator may be entered in
<br />the City against the Contractor then existing or which may
<br />any court having jurisdiction. Arbitration shall be held In Miami -Dade
<br />thereafter accrue. Any retention or payment of moneys
<br />County, Florida. All costs of arbitration and attorneys' fees incurred by
<br />by the City due the Contractor will not release the
<br />the parties shall be paid by the non -prevailing party or, if neither party
<br />Contractor from liability.
<br />prevails on the whole, each party shall be responsible for a portion of the
<br />costs of arbitration and their respective attorneys' fees as may be
<br />1.37.2 Upon ten (10) days written notice to the Contractor, the
<br />determined by the court on confirmation.
<br />City may, without cause and without prejudice to any
<br />other right or remedy, elect to terminate the Agreement.
<br />1.43
<br />PROJECT RECORDS:
<br />In such case, the Contractor shall, be paid for all Work
<br />executed and accepted by the City as of the date of the
<br />City shall have right to Inspect and copy during regular business hours at
<br />termination. No payment shall be made for profit for
<br />Citys expense, the books and records and accounts of Contractor which
<br />Work which has not been performed.
<br />relate In any way to the Project, and to any claim for additional
<br />compensation made by Contractor, and to conduct an audit of the
<br />1.38 MISCELLANEOUS:
<br />financial and accounting records of Contractor which relate to the
<br />Project. Contractor shall retain and make available to City all such books
<br />Proposers acknowledge the following miscellaneous conditions:
<br />and records and accounts, financial or otherwise, which relate to the
<br />Project and to any claim for a period of three years following final
<br />1.38.1 Whenever any provision of the Contract Documents
<br />completion of the Project. During the Project and the three year period
<br />requires the giving of written notice It shall be deemed to
<br />following final completion of the Project, Contractor shall provide City
<br />have been validly given If delivered in person to the
<br />access to its books and records upon five days written notice.
<br />Individual or to a member of the firm or to an officer of
<br />the corporation for whom It Is Intended, or If delivered at
<br />1.44
<br />SEVERABILITY:
<br />or sent by registered or certified mail, postage prepaid, to
<br />the last business address known to them who gives the
<br />If any provision of the Contract or the application thereof to any person
<br />notice.
<br />or situation shall to any extent, be held invalid or unenforceable, the
<br />remainder of the Contract, and the application of such provisions to
<br />1.38.2 The Contract Documents shall remain the property of the
<br />persons or situations other than those as to which it shall have been held
<br />City. The Contractor shall have the right to keep one
<br />invalid or unenforceable shall not be affected thereby, and shall continue
<br />record set of the Contract Documents upon completion of
<br />in full force and effect, and be enforced to the fullest extent permitted by
<br />the Project.
<br />law.
<br />City of Sunny Isles Beach I Invitation to Bid No. 22-08-01
<br />
|