|
•
<br /> CITY OF SUNNY ISLES.BEACH ••
<br /> - 18070 Collins Avenue • -
<br /> . Sunny Isles•Beach;•Flonda 33160. DI ti�"tr,
<br /> 305:947 0606
<br /> y .v7viw.ilbfl net ?
<br /> r.
<br /> c2'r Of SUN h�
<br /> •
<br /> e npbyees. The Bidder will defend,ndermify and hob harmless the Agreement. In such case,the Bidder shall be paid for
<br /> Gay and the agents or empbyees Fran and against all darns, all Work executed and accepted by the Cay as of the
<br /> damages,losses and exposes including attorneys'fee arising out date of the termination. No paymel shall be nude fcr
<br /> of or reeling from the performance of the Work,provided that any Work which has rot tee,performed.
<br /> such dais damage, loss or expense(a)is attributable to badly
<br /> injury,sickess,disease or death,or to injury to or destruction of 1.38 MISCELLANEOUS:
<br /> tangible property(other than Wert itself)including the loss of use
<br /> resulting wterefmm and(b)is caused in whole a in pad by arty Bidders acknowledge the following miscelaneous caditinns:
<br /> negligent act or omission of the Bidder,Sub-Bidder,anyone erectly
<br /> or indirectly 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 liable,regardless of whether or not it is caused by a requires the giving of written notice it steal be deemed
<br /> party indemnified hereunder. In the event that a moat of competent to have been validly given if delivered in person to the
<br /> juisdiabn determines that Sec.725.06(2),F.S.is appBgde to this individual or to a member of the dim or to an officer of
<br /> Wool(,ten in leu of the above pronsins of tis section the parties the(decoration fa wh nh a is intended.or R delivered
<br /> agree that Bidder shall indemnify,defend and hob(urns the Gly, at or sent by registered or certified nil, postage
<br /> their officers and employees,to the fullest ectad authorized by Ser- prepaid,to the last business address Ivan to tern
<br /> 725.06(2)F.S.,which statutory provisions seal he deemed to be who give the notice.
<br /> incorporated herein by reference as if fully set forth herein. In the
<br /> event tut and action or praeedig is brought against COY by reason 1.38.2 The forbad Documents shag rerrein the property of
<br /> of any sad,darn or demand,Bidder,upon wetter mace from Oty the Oty. The Bidder stud have the right to keep one
<br /> shall defend such atm or proceeding by counsel satisfactory to record set of the Contract Docwnens upon mnpletion
<br /> City. The'sbemtlfication provided above shag otlgate Bidder to of the Project.
<br /> defend at is own apace or to provide for such defense,at Otis
<br /> option,any am all claims of lablty and al sorts and actions of every 1.38.3 The duaes and otigadons imposed by these General
<br /> name and desorption that may be brought against City,erdudng Gonda/es, Spedal Con:Ube and Supplemental
<br /> only those which allege that the injuries arose out of the sole Condoions and the rights and remedies available
<br /> negligence of aha, which may result tram the operations and hereunder,and,in particular but without lmtaton,the
<br /> activities under this Contract whether the Work be performed by warranties,guarantees and obligations imposed upon
<br /> Bidder,as Sub-Bidders,or by anyone directly or indirectly employed Bidder and those in the Spread Cob/ions and the
<br /> by either. rights and remedies available to the Oty,shag be n
<br /> addition to,and steal not be mnstrued oh any way as a
<br /> 1.36 DECISIONS ON DISAGREEMENTS: rmitatian of,any rights and remedies amiable by law,
<br /> by spedal guarantee a by other pro+mans of the
<br /> The Cay wD be the inial interpreter of the Teheal Spedfiatoss Contract Dmsmen6.
<br /> 1.37 CITY MAY TERMINATE: 1.38.4 Shah the Gly or the Bidder suffer injury or damage
<br /> to as person or property because of and arm,
<br /> If the Bidder Is adjudged bankrupt or insolvent,ort they make a emission, or act of the other or of any of their
<br /> general assignment for the benefit of their creators,or a M6tee employees or agents or others for whose ads they are
<br /> a receiver is appointed for the Bidder or for any of their property, legally liable,dant shall be made in wain;to the other
<br /> or if they Me a peatim to take advantage of any deters act,or to patty within a reasonable tone of the fust observance
<br /> reorganize under bankruptcy or similar laws,or if they repeatedly of such Injury or damage
<br /> fags to supply sufficient sidled workmen or setae materials or
<br /> eguprmnt,or d they repeatedly fag 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,rules,regulations or orders of any pubic Oty and Bidder knowingly,irrevocably sduntarly and intentionally
<br /> body having jurisdiction,or if they disregard the authority Of the Ory, waive any right either may have to a trial by jury in State or Federal
<br /> of if they otherwise violate any provision of,the Contact Documents, Court proceedings In respect to and action,proceeding,bout or
<br /> hen the Oty may,without prejudice to any other right or remedy counterclaim based upon the Contract Documents a the
<br /> and after ghlng the Bidder and the surety ted(10)days written performance of the Work there under.
<br /> notice,terminate the servkes of the Bidder and take possesivn of
<br /> the Project and of al materials, equipment, togs, construction 1.40 GOVERNING LAW.VENUE AND WAIVER OF JURY TRIAL'
<br /> equipment and machinery thereon owned by the Bidder,and Wish
<br /> the Work by whatever method they may deem expedient. In such It is agreed that this Agreement shat be governed by,construed and
<br /> mse the Bidder shag no[be entitled to receive and further payment enforced in accordance with the laws of the State of Ronda. In the
<br /> um]the Work is hashed. If the unpaid balance of the Contract Price event it becomes necesary for ether party to initiate legal attic.,
<br /> exceeds the direct and linked costs of completig the Project, regarding this Agreement venue steal be in the Eleventh Juadal
<br /> ndWog compensation for additional professional services, such Circe in and for Miami Dade County,Florida,for and cams ander
<br /> eaess Shall be paid to the Bidder. If star cost exceed such unpaid state law and In the Southern District of Florida,Mani Divsim,for
<br /> balance,the Bidder will pay the difference to the Gay. Such cobs any claims brought in federal curt If ether party traces ear legal
<br /> ictared by the Cay will be determined by the Gay and incorporated action,inclining appeals,if necessary,to ertorce this Agreement,
<br /> in a Change Order. If after termination of the Bidder under tis the prevailing party shal be elated to recover Rs reasonable
<br /> Satoh,t is determined by a court of competent jursdit,for any attome/s fees and costs at the pretrial,trial and appellate levels.
<br /> reason that the Bidder was not in default,the rights and obligations Each of the parties hereto hereby knowingly, notate* and
<br /> of the Oty and the Bidder shall be the same as if the ten-enact,had i tentionalty,waives the right which any party may have to a jury
<br /> been issued pursuant to this document. trial in respect of any act,,proceeding,litigation or counterclaim
<br /> based hereon a arising out of,under,ah or in connection with this
<br /> 1.37.1 Where the Binder's services have been so terminated Agreement or any course of conduct,course of dealing,statements
<br /> by the Oty sad termination sial not affect arty rights (whether verbal or written)or as n's of either of party
<br /> of the Oty against the Bidder ten existing a which
<br /> may thereafter accrue. My retention or payn'ed of 1.41 PROJECT RECORDS;
<br /> moneys by the Oty due the Bede w8 tat release the
<br /> Binder from lability. @y sisal have right to inspect and copy dung regular bairns
<br /> hours at Ctty's expense,the boas and records and a®uns of
<br /> 137.2 Upan ten(10)days written notice to the Biber,the Bidder which relate in any way to the Project,and to any don for
<br /> Cly may,without muse and wttgut prejudice to any additional mrpesat,made by Bidder,and to conduct an audt of
<br /> other right or remedy, elect to [aminate the the financial and accounting records of Bidder which r la;e to the
<br /> City of Sunny Isles Beach I Invitation to Bid No. 16-04-05 8
<br />
|