Laserfiche WebLink
DocuSign Envelope ID: 302180C3-5848-41 CC-B9D9-13ED1 F1 051 C3 <br />3. SIB and NMB will each evaluate the bids with the intent of awarding a contract to the <br />combined lowest responsive and responsible bidder for both of the Projects. <br />Notwithstanding the foregoing, each Party reserves the right to forego awarding on a <br />combined basis, and may award the bid to the lowest responsible and responsive bidder <br />whose bid best serves the interests of and represents the best value to the Party. <br />Additionally, the Parties agree to reserve the right to reject any bid or part of a bid that <br />does not conform to the bidding requirements or to modify or waive all formalities and <br />technicalities in a bid, or to reject all bids. <br />4. In the event that the Parties bid evaluation results in an award to the same contractor, <br />the following terms shall control: <br />a. Each Party will award a separate contract for its portion of the Projects to the <br />selected contractor, and shall be responsible for all cost for administering their <br />own contract with respect to performing inspections, approving pay applications, <br />reviewing change orders, testing, permitting, as -built review and certifications. <br />However, both Parties will work together to ensure that there will be only one <br />mobilization for the Projects and that the Projects will be completed <br />simultaneously. <br />b. The awarded contractor will be required to furnish bonds and insurance to each <br />individual Party, for their respective contracts. <br />c. In the event a protest is filed, SIB will provide a defense against said action on <br />behalf of the Parties, and NMB agrees to pay fifty percent (50%) of all costs <br />associated with defending against the protest, including all attorney fees, legal <br />costs, administrative costs, and any resulting damages. <br />d. Joint construction progress meetings shall be held with the contractor to best <br />coordinate the interest of the Projects. <br />5. In the event that the evaluation of the bids does not result in the Projects being awarded <br />to the same contractor, the following terms shall control: <br />a. Each Party shall proceed with their respective Project utilizing separate and <br />distinct contractors. <br />b. The Parties agree to utilize best efforts in coordinating the work for the Projects. <br />c. Each Party shall bear its own costs and expenses related to any protests that may <br />be filed with their respective agency. <br />6. Each party agrees that it shall be solely responsible for the negligent or wrongful acts of <br />its employees, contractors, representatives, and agents and agrees to indemnify, defend <br />and hold harmless the other from and against all claims, damages, costs and expenses, <br />including attorneys' fees, incurred by the indemnified party by reason of acts or omissions <br />of the indemnifying party in the party in the performance of this MOU. Nothing contained <br />herein shall constitute a waiver by either party of its sovereign immunity or the provisions <br />of section 768.28, Florida Statutes. Nothing herein shall be construed as consent by either <br />party to be sued by third parties. <br />2 <br />