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<br />ITB 25-04-01 BELLA VISTA SEAWALL REPLACEMENT
<br />
<br />CITY OF SUNNY ISLES BEACH
<br />18070 Collins Ave. | Sunny Isles Beach, FL 33160
<br />305.792.1707 | sibfl.net | Purchasing@sibfl.net
<br />expedient. In such case the Contractor shall not be entitled to
<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 />completing the Project, including compensation for additional
<br />professional services, such excess shall be paid to the Contractor. If
<br />such costs exceed such unpaid balance, the Contractor will pay the
<br />difference to the City. Such costs incurred by the City will be
<br />determined by the City and incorporated in a Change Order. If after
<br />termination of the Contractor under this Section, it is determined by
<br />a court of competent jurisdiction for any reason that the Contractor
<br />was not in default, the rights and obligations of the City and the
<br />Contractor shall be the same as if the termination had been issued
<br />pursuant to this document.
<br />
<br />1.37.1 Where the Contractor’s services have been so
<br />terminated by the City said termination shall not affect
<br />any rights of the City against the Contractor then
<br />existing or which may thereafter accrue. Any retention
<br />or payment of moneys by the City due the Contractor
<br />will not release the Contractor from liability.
<br />
<br />1.37.2 Upon ten (10) days written notice to the Contractor,
<br />the City may, without cause (termination for
<br />convenience) and without prejudice to any other right
<br />or remedy, elect to terminate the Agreement. In such
<br />case, the Contractor shall be paid for all Work executed
<br />and accepted by the City as of the date of the
<br />termination. No payment shall be made for profit for
<br />Work which has not been performed.
<br />
<br />
<br />1.38 MISCELLANEOUS:
<br />
<br />Proposers acknowledge the following miscellaneous conditions:
<br />
<br />1.38.1 Whenever any provision of the Contract Documents
<br />requires the giving of written notice it shall be deemed
<br />to have been validly given if delivered in person to the
<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
<br />at or sent by registered or certified mail, postage
<br />prepaid, to the last business address known to them
<br />who gives the notice.
<br />
<br />1.38.2 The Contract Documents shall remain the property of
<br />the City. The Contractor shall have the right to keep
<br />one record set of the Contract Documents upon
<br />completion of the Project.
<br />
<br />1.38.3 The duties and obligations imposed by these General
<br />Conditions, Special Conditions and Supplemental
<br />Conditions and the rights and remedies available
<br />hereunder, and, in particular but without limitation, the
<br />warranties, guarantees and obligations imposed upon
<br />Contractor and those in the Special Conditions and the
<br />rights and remedies available to the City, shall be in
<br />addition to, and shall not be construed in any way as a
<br />limitation of, any rights and remedies available by law,
<br />by special guarantee or by other provisions of the
<br />Contract Documents.
<br />
<br />1.38.4 Should the City or the Contractor suffer injury or
<br />damage to its person or property because of any error,
<br />omission, or act of the other or of any of their
<br />employees or agents or others for whose acts they are
<br />legally liable, claim shall be made in writing to the other
<br />party within a reasonable time of the first observance
<br />of such in jury or damage.
<br />
<br />1.39 WAIVER OF JURY TRIAL:
<br />
<br />City and Contractor knowingly, irrevocably voluntarily and
<br />intentionally waive any right either may have to a trial by jury in
<br />State or Federal Court proceedings in respect to any action,
<br />proceeding, lawsuit or counterclaim based upon the Contract
<br />Documents or the performance of the Work there under.
<br />
<br />1.40 GOVERNING LAW:
<br />
<br />The Contract shall be construed in accordance with and governed by
<br />the law of the State of Florida.
<br />
<br />1.41 VENUE:
<br />
<br />Venue of any action to enforce the Contract Documents shall be in
<br />Miami-Dade County, Florida.
<br />1.42 ARBITRATION:
<br />
<br />The city reserves the sole right, if a dispute or controversy arises
<br />hereunder, to elect submitting such dispute or controversy to
<br />arbitration in accordance with the procedures, rules and regulations
<br />of the American Arbitration Association. If arbitration is selected by
<br />the City, the decision rendered by the Arbitrator shall be final and
<br />binding upon the parties and judgment upon the award rendered by
<br />the arbitrator may be entered in any court having jurisdiction.
<br />Arbitration shall be held in Miami-Dade County, Florida. All costs of
<br />arbitration and attorneys’ fees incurred by the parties shall be paid
<br />by the non-prevailing party or, if neither party prevails on the whole,
<br />each party shall be responsible for a portion of the costs of arbitration
<br />and their respective attorneys’ fees as may be determined by the
<br />court on confirmation.
<br />
<br />1.43 PROJECT RECORDS:
<br />
<br />City shall have right to inspect and copy during regular business
<br />hours at City’s expense, the books and records and accounts of
<br />Contractor which relate in any way to the Project, and to any claim
<br />for additional compensation made by Contractor, and to conduct an
<br />audit of the financial and accounting records of Contractor which
<br />relate to the Project. Contractor shall retain and make available to
<br />City all such books and records and accounts, financial or otherwise,
<br />which relate to the Project and to any claim for a period of three
<br />years following final completion of the Project. During the Project
<br />and the three year period following final completion of the Project,
<br />Contractor shall provide City access to its books and records upon
<br />five days written notice.
<br />
<br />1.44 SEVERABILITY:
<br />
<br />If any provision of the Contract or the application thereof to any
<br />person or situation shall to any extent, be held invalid or
<br />unenforceable, the remainder of the Contract, and the application of
<br />such provisions to persons or situations other than those as to which
<br />it shall have been held invalid or unenforceable shall not be affected
<br />thereby, and shall continue in full force and effect, and be enforced
<br />to the fullest extent permitted by law.
<br />
<br />1.45 INDEPENDENT CONTRACTOR:
<br />
<br />The Contractor is an independent Contractor under the Contract.
<br />Services provided by the Contractor shall be by employees of the
<br />Contractor and subject to supervision by the Contractor, and not as
<br />officers, employees, or agents of the City. Personnel policies, tax
<br />responsibilities, social security and health insurance, employee
<br />benefits, purchasing policies and other similar administrative
<br />procedures, applicable to services rendered under the Contract shall
<br />be those of the Contractor.
<br />
<br />
<br />1.46 PROHIBITION AGAINST CONTRACTING WITH
<br />SCRUTINIZED COMPANIES:
<br />
<br />Pursuant to Florida Statutes Section 217.4725, contracting with any
<br />entity that is listed on the Scrutinized Companies that Boycott Israel
<br />List or that is engaged in the boycott of Israel is prohibited.
<br />Contractors must certify that the company is not participating in a
<br />boycott of Israel. Any contract for goods or services of One Million
<br />Dollars ($1,000,000) or more shall be terminated at the City’s
<br />option if it is discovered that the entity submitted false documents
<br />of certification, is listed on the Scrutinized Companies with Activities
<br />in Sudan List, the Scrutinized Companies with Activities in the Iran
<br />Terrorism Sectors List or has been engaged in business operations
<br />in Cuba or Syria. Any contract entered into or renewed after July 1,
<br />2018 shall be terminated at the City’s option if the company is listed
<br />on the Scrutinized Companies that Boycott Israel List or engaged in
<br />the boycott of Israel.
<br />
<br />Contractors must submit a certification attesting to the foregoing,
<br />which is to be provided by the City upon execution of an Agreement.
<br />Submitting a false certification shall be deemed a material breach of
<br />contract. The City shall provide notice, in writing, to the Contractor
<br />of the City’s determination concerning the false certification. The
<br />Contractor shall have ninety (90) days following receipt of the notice
<br />to respond in writing and demonstrate that the determination was in
<br />error. If the Contractor does not demonstrate that the City’s
<br />determination of false certification was made in error, then the City
<br />shall have the right to terminate the contract and seek civil remedies
<br />pursuant to Florida Statute Section 215.4725.
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