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CITY OF SUNNY ISLES BEACH
<br />CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net |Purchasing@sibfl.net
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />of the Work, provided that any such claim damage, loss or expense (a) is 1.38.1 Whenever any provision of the Contract Documents
<br />attributable to bodily injury, sickness, disease or death, or to injury to or requires the giving of written notice it shall be deemed to
<br />destruction of tangible property (other than Work itself) including the loss have been validly given if delivered in person to the
<br />of use resulting wherefrom and (b) is caused in whole or in part by any individual or to a member of the firm or to an officer of the
<br />negligent act or omission of the Contractor, Sub-Contractor, anyone corporation for whom it is intended, or if delivered at or
<br />directly or indirectly employed by any of them or anyone for whose acts sent by registered or certified mail, postage prepaid, to the
<br />any of them may be liable, regardless of whether or not it is caused by a last business address known to them who gives the notice.
<br />party indemnified hereunder. In the event that a court of competent
<br />jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to this Work, 1.38.2 The Contract Documents shall remain the property of the
<br />then in lieu of the above provisions of this section the parties agree that City. The Contractor shall have the right to keep one record
<br />Contractor shall indemnify, defend and hold harmless the City, their set of the Contract Documents upon completion of the
<br />officers and employees, to the fullest extent authorized by Sec. 725.06 (2) Project.
<br />F.S., which statutory provisions shall be deemed to be incorporated herein
<br />by reference as if fully set forth herein. In the event that any action or 1.38.3 The duties and obligations imposed by these General
<br />proceeding is brought against City by reason of any such claim or demand, Conditions, Special Conditions and Supplemental
<br />Contractor, upon written notice from City shall defend such action or Conditions and the rights and remedies available
<br />proceeding by counsel satisfactory to City. The indemnification provided hereunder, and, in particular but without limitation, the
<br />above shall obligate Contractor to defend at its own expense or to provide warranties, guarantees and obligations imposed upon
<br />for such defense, at City’s option, any and all claims of liability and all suits Contractor and those in the Special Conditions and the
<br />and actions of every name and description that may be brought against rights and remedies available to the City, shall be in addition
<br />City, excluding only those which allege that the injuries arose out of the to, and shall not be construed in any way as a limitation of,
<br />sole negligence of City, which may result from the operations and activities any rights and remedies available by law, by special
<br />under this Contract whether the Work be performed by Contractor, its guarantee or by other provisions of the Contract
<br />Sub-Contractors, or by anyone directly or indirectly employed by either.Documents.
<br />
<br />1.36 DECISIONS ON DISAGREEMENTS: 1.38.4 Should the City or the Contractor suffer injury or damage to
<br />its person or property because of any error, omission, or act
<br />The City will be the initial interpreter of the Technical Specifications. of the other or of any of their employees or agents or others
<br />for whose acts they are legally liable, claim shall be made in
<br />1.37 CITY MAY TERMINATE: writing to the other party within a reasonable time of the
<br />first observance of such injury or damage.
<br />If the Contractor is adjudged bankrupt or insolvent, or if they make a
<br />general assignment for the benefit of their creditors, or if a trustee or 1.39 WAIVER OF JURY TRIAL:
<br />receiver is appointed for the Contractor or for any of their property, or if
<br />they file a petition to take advantage of any debtor’s act, or to reorganize City and Contractor knowingly, irrevocably voluntarily and intentionally
<br />waive any right either may have to a trial by jury in State or Federal Court
<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 proceedings in respect to any action, proceeding, lawsuit or counterclaim
<br />based upon the Contract Documents or the performance of the Work
<br />repeatedly fail to make prompt payments to Sub-Contractors or for labor,
<br />materials or equipment or they disregard laws, ordinances, rules, there under.
<br />regulations or orders of any public body having jurisdiction, or if they
<br />disregard the authority of the City, of if they otherwise violate any 1.40GOVERNING LAW:
<br />provision of, the Contract Documents, then the City may, without
<br />prejudice to any other right or remedy and after giving the Contractor and The Contract shall be construed in accordance with and governed by the
<br />law of the State of Florida.
<br />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 />1.41 VENUE:
<br />equipment, tools, construction equipment and machinery thereon owned
<br />by the Contractor, and finish the Work by whatever method they may
<br />Venue of any action to enforce the Contract Documents shall be in Miami-
<br />deem expedient. In such case the Contractor shall not be entitled to
<br />receive any further payment until the Work is finished. If the unpaid Dade County, Florida.
<br />balance of the Contract Price exceeds the direct and indirect costs of
<br />completing the Project, including compensation for additional professional 1.42ARBITRATION:
<br />services, such excess shall be paid to the Contractor. If such costs exceed
<br />such unpaid balance, the Contractor will pay the difference to the City. It is the intention of the parties that whenever possible, if a dispute or
<br />Such costs incurred by the City will be determined by the City and controversy arises hereunder then such dispute or controversy shall be
<br />incorporated in a Change Order. If after termination of the Contractor settled by arbitration in accordance with the procedures, rules and
<br />under this Section, it is determined by a court of competent jurisdiction for regulations of the American Arbitration Association. The decision
<br />any reason that the Contractor was not in default, the rights and rendered by the Arbitrator shall be final and binding upon the parties and
<br />obligations of the City and the Contractor shall be the same as if the judgment upon the award rendered by the arbitrator may be entered in
<br />termination had been issued pursuant to this document. any court having jurisdiction. Arbitration shall be held in Miami-Dade
<br />County, Florida. All costs of arbitration and attorneys’ fees incurred by the
<br />1.37.1 Where the Contractor’s services have been so terminated parties shall be paid by the non-prevailing party or, if neither party prevails
<br />by the City said termination shall not affect any rights of the on the whole, each party shall be responsible for a portion ofthe costs of
<br />City against the Contractor then existing or which may arbitration and their respective attorneys’ fees as may be determined by
<br />thereafter accrue. Any retention or payment of moneys by the court on confirmation.
<br />the City due the Contractor will not release the Contractor
<br />from liability. 1.43 PROJECT RECORDS:
<br />1.37.2 Upon immediate written notice to the Contractor, the City City shall have right to inspect and copy during regular business hours at
<br />City’s expense, the books and records and accounts of Contractor which
<br />may, without cause and without prejudice to any other
<br />right or remedy, elect to terminate the Agreement. In such relate in any way to the Project, and to any claim for additional
<br />case, the Contractor shall be paid for all Work executed and compensation made by Contractor, and to conduct an audit of the financial
<br />accepted by the City as of the date of the termination. No and accounting records of Contractor which relate to the Project.
<br />payment shall be made for profit for Work which has not Contractor shall retain and make available to City all such books and
<br />been performed. records and accounts, financial or otherwise, which relate to the Project
<br />and to any claim for a period of three years following final completion of
<br />1.38 MISCELLANEOUS: the Project. During the Project and the three-year period following final
<br />completion of the Project, Contractor shall provide City access to its books
<br />Bidders acknowledge the following miscellaneous conditions: and records upon five days written notice.
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