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<br /> -t CITY OF;SUNNY ISLES BEACH
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<br /> 18070 Colhns Avenue
<br /> Sunny Isles Beach Florida33160 Ad""y'dit
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<br /> such claim damage,loss or expense(a) is attauable to toddy
<br /> injury,sickness,disease or death,or to injury to or destruction of 1.38 MISCELLANEOUS•
<br /> tangible property(other than Work eseL)indudhg the loss of use
<br /> resulting wherefrom and(b)is causal In whole 0r in part by any Bidders acknowledge the following miscellaneous cord.tio s:
<br /> negbgent act or omission of the Bidder,Sub-Bidder,anyone directly
<br /> or id'ra4y employed by any of them or anyone for whose acts any 1.38.1 Whenever any provision of the Contract Documents
<br /> of then may be lable,regardless of whether or not it is causal by a requires the giving of wrete n notice R shat be deemed
<br /> party indami0ed hereunder. In the event that a court of competed to have been validly given if delivered in person to the
<br /> jursdit9on determines that Sec.725.06(2),F.S.is applable to this Individual or to a menta of the firm or to an offerer of
<br /> Work,Men in leo of the above prowls/cm of this section the parties the corporation for when it is intended,or L de vered
<br /> agree that Bidder shall indemnify,defend and hold hernias the Cay, at or sent by registered or cabled mal, postage
<br /> their officers and employees,to the Mesh extant authored by Sec. prepaid,to the last business address known to them
<br /> 725.06(2)ES.,which statutory provisions shall be deemed to be who gives the nate.
<br /> incorporated herein by reference as if fully set forth herein. In the
<br /> event that any action or proceeding is brought against Ory by reason 1.38.2 The Contract Documents shall remain the property of
<br /> of any soda dawn or demand,Bidder,upon wreren notice from City the City. The Bidder shall have the right to keep one
<br /> shall defend such action or proceeding by counsel satisfactory to record set of the Contract Odamats own completion
<br /> Cay. The indemnification provided above shall obfgate Binder to of the Project
<br /> defend at as own expense or to provide for sora defense.at Cris
<br /> option,any and al claims of lability and all sums and actions of every 1.38.3 The duties and obiged:cm imposed by Mese General
<br /> name and description that may be brought against City,emitting Candiims, Special Condoms and Supplemental
<br /> only those width allege that the injuries arose out of the sole Condaons and the rights and remedies evadable
<br /> negigeice of City, which may suit from the operations and hereunder,and,in particular but without fmtatian,the
<br /> activities under this Contract whether the Work be performed by warranties,guarantees and otegatiors unposed upon
<br /> Bidder,as Sub-Bidders,or by anyone directly or indirectly employed Bidder and those in the Spatial Caidaons and the
<br /> by ether. rights and remelts available to the Cay,shall be in
<br /> addeion to,and snal not be construed in any way as a
<br /> 1.36 DECISIONS ON DISAGREEMENTS: frntathn of,any rights and remedies evadable by law,
<br /> by special guarantee or by other provisions of the
<br /> The City we be the initial interpreter of the Technical Specifications. Contract Donvruem.
<br /> 1.37 CITY MAY TERMINATt 1.38.4 Should the City or the Bidder suffer injury or damage
<br /> to as person or property bemuse of any error,
<br /> If the Bader is adjudged bankrupt or insolvent,or if they hake a omission, or act of the other or of any of their
<br /> general assignment for the benefit of their creators,or if a trustee employs or agents or others for whose acs they are
<br /> or receiver is appointed far the Bidder or for any of their property, legally fable,claim shall be made in witting to the other
<br /> or if they fie a petition to take advantage of any debtor's act,or to party whin a reasonable the of the fust observance
<br /> reorganize under bankruptcy or Sinlar laws,or if they repeatedly of such injury or damage.
<br /> fads to supply suffidet skilled workmen or suitable materials or
<br /> equipment,or if they repeatedly fad to make prompt payments to 1.39 WAIVER OF JURY TRIAL:
<br /> Sub-Contractors or for labor, materials or equipment or they
<br /> disregard laws,ordinances,hes,regulations or orders of any public City and Bidder bwwigy,irrevocably voluntarily and intentionally
<br /> body having*Madam,or if they disregard the authority of the City, waive any right tither may have to a trial by jury in Stew or Federal
<br /> of if they otherwise violate any provision of,the Contract Do0at nts, Court proceedings in respect to any atm,proceeding,tawnui or
<br /> then the City may,with=prejudice to any other right or remedy counterclaim based upon the Contract Documents or the
<br /> and affix giving the Bide and the surety ten(10)days wnten performance of the Work there under.
<br /> notice,terminate the services of the Bidder and take possession of
<br /> the Project and of all materials, equipment, tools, consthattion 1.40 GOVERNING LAW:
<br /> equipment and machinery thereon owned by the Bidder,and finish
<br /> the Werk by whatever method they may deem expeleht. In such The Contract seat be construed in accordance with and governed by
<br /> case the Bidder shall not be entitled to receive any further payment the law of the Sate of Florida.
<br /> until the Work Is finished. If the unpaid balance of the Contract Price
<br /> creeds the direct and invert costs of completing the Project, 1.41 VENUE:
<br /> including compensation for additional professional services, such
<br /> excess shad be pan to the Bidder. If such costs exceed such unpaid Venue of any actor to enforce the Contract Documents shall be in
<br /> balance,the Bidder will pay the difference to the Gly. Such costs Miami-Dade Carty,Florida.
<br /> incurred by the Cay w0 be determined by the City and incorporated
<br /> in a Change Order. If after termination of the Bidder under this 1.42 ARBITRATION'
<br /> Section,it is determined by a court of competent jurisdiction for any
<br /> reason that the Bidder was not in default,the rights and obligati:m It is the mention of the parties that wherever possible,if a dispute
<br /> of the City and the Bader shall be the same as if the termination had or controversy arises hereunder then such Sputa or controversy
<br /> been issued pursuant to this document. sial be settled by arbitration in:...dance with the procedures,
<br /> odes and regulations at the American Arbitration Association. The
<br /> 1.37.1 Where the Bidder's seances have been so terminated dedsm rendered by the AdMrator shall be foal and tindig upon
<br /> by the Oty said teminatm shall not affect any tights the parties and judgment upon the award rendered by the arbitrator
<br /> of the City against the Bidder then misting or which may be entered In any court having jursdicion. Arbitration shall be
<br /> may thereafter accrue My retention or payment of held in Miami-Dade County, Florida. All costs of arbitration and
<br /> moneys by the City due the Bidder will not release the attar yens fees hcurred by the parties shall te paid by the nen.
<br /> Bidder from lability. prevailing party or,if neither party prevails on the whole.each path
<br /> shall be responsible for a portion of the costs of a fats anon and their
<br /> 1.37.2 Upon ten(10)days written notice to the Bidder,the respective attorneys'fes as may be determined by the court on
<br /> Cay may,Mina cause and whwt pejudre to any confirmation.
<br /> other right or remedy, elect to terminate the
<br /> Agreement In such case,the Borer shall be paid for 1.43 PROJECT RECORDS'
<br /> all Work executed and accepted by the ay as of the
<br /> date of the termination. No payment shall be made for Cay shad have right to inspect and copy during regular brsness
<br /> Work which has not been performed. hours at City's expense, the books and records and accounts of
<br /> City of Sunny Isles Beach I ITB No. 15-12-02
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