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shall be done under these specifications except by permission of
<br />the City when the weather is unfit for good and careful Work to
<br />be performed. Should the severity of the weather continue, the
<br />Contractor upon the direction of the City, shall suspend all Work
<br />until instructed to resume operations by the City and the
<br />Contract Time pursuant to this section shall be extended to
<br />cover the duration of the order.
<br />1.62. City May Terminate: If the Contractor is adjudged
<br />bankrupt or insolvent, or if they make a general assignment for
<br />the benefit of their creditors, or if a trustee or receiver is
<br />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
<br />reorganize under bankruptcy or similar laws, or if they
<br />repeatedly fails to supply sufficient skilled workmen or suitable
<br />materials or equipment, or if they repeatedly fail to make
<br />prompt payments to Sub - Contractors or for labor, materials or
<br />equipment or they disregard laws, ordinances, rules,
<br />regulations or orders of any public body having jurisdiction, or if
<br />they disregard the authority of the City, of if they otherwise
<br />violate any provision of, the Contract Documents, then the City
<br />may, without prejudice to any other right or remedy and after
<br />giving the Contractor and the surety ten (10) days written
<br />notice, terminate the services of the Contractor and take
<br />possession of the Project and of all materials, equipment, tools,
<br />construction equipment and machinery thereon owned by the
<br />Contractor, and finish the Work by whatever method they may
<br />deem expedient. In such case the Contractor shall not be
<br />entitled to receive any further payment until the Work is
<br />finished. If the unpaid balance of the Contract Price exceeds
<br />the direct and indirect costs of completing the Project, including
<br />compensation for additional professional services, such excess
<br />shall be paid to the Contractor. If such costs exceed such
<br />unpaid balance, the Contractor will pay the difference to the
<br />City. Such costs incurred by the City will be determined by the
<br />City and incorporated in a Change Order. If after termination of
<br />the Contractor under this Section, it is determined by a court of
<br />competent jurisdiction for any reason that the Contractor was
<br />not in default, the rights and obligations of the City and the
<br />Contractor shall be the same as if the termination had been
<br />issued pursuant to this document.
<br />1.62.1. Where the Contractor's services have been so
<br />terminated by the City said termination shall not
<br />affect any rights of the City against the Contractor
<br />then existing or which may thereafter accrue. Any
<br />retention or payment of moneys by the City due the
<br />Contractor will not release the Contractor from
<br />liability.
<br />1.62.2. Upon ten (10) days written notice to the Contractor,
<br />the City may, without cause and without prejudice to
<br />any other right or remedy, elect to terminate the
<br />Agreement. In such case, the Contractor shall be
<br />paid for all Work executed and accepted by the City
<br />as of the date of the termination. No payment shall
<br />be made for profit for Work which has not been
<br />performed.
<br />1.63. Removal of Equipment: In the case of termination
<br />of this Contract before completion for any cause whatever, the
<br />Contractor, if notified to do so by the City, shall promptly
<br />remove any part or all of his equipment and supplies from the
<br />property of the City. Should the Contractor not remove such
<br />equipment and supplies, the City shall have the right to remove
<br />them at the expense of the Contractor. Equipment and supplies
<br />shall not be construed to include such items for which the
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<br />BID No. 11 -01 -01
<br />Contractor has been paid in whole or in part.
<br />1.64. Miscellaneous: Proposers acknowledges the following
<br />miscellaneous conditions:
<br />1.64.1. Whenever any provision of the Contract Documents
<br />requires the giving of written notice it shall be deemed to have
<br />been validly given if delivered in person to the individual or to a
<br />member of the firm or to an officer of the corporation for whom
<br />it is intended, or if delivered at or sent by registered or certified
<br />mail, postage prepaid, to the last business address known to
<br />them who gives the notice.
<br />1.64.2. The Contract Documents shall remain the property of
<br />the City. The Contractor shall have the right to keep one record
<br />set of the Contract Documents upon completion of the Project.
<br />1.64.3. The duties and obligations imposed by these General
<br />Conditions, Special Conditions and Supplemental Conditions and
<br />the rights and remedies available hereunder, and, in particular
<br />but without limitation, the warranties, guarantees and
<br />obligations imposed upon Contractor and those in the Special
<br />Conditions and the rights and remedies available to the City,
<br />shall be in addition to, and shall not be construed in any way as
<br />a limitation of, any rights and remedies available by law, by
<br />special guarantee or by other provisions of the Contract
<br />Documents.
<br />1.64.4. 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 employees or
<br />agents or others for whose acts they are legally liable, claim
<br />shall be made in writing to the other party within a reasonable
<br />time of the first observance of such in jury or damage.
<br />1.65. Waiver of Jury Trial: City and Contractor
<br />knowingly, irrevocably voluntarily and intentionally waive any
<br />right either may have to a trial by jury in State or Federal Court
<br />proceedings in respect to any action, proceeding, lawsuit or
<br />counterclaim based upon the Contract Documents or the
<br />performance of the Work there under.
<br />1.65.1. Governing Law: The Contract shall be construed in
<br />accordance with and governed by the law of the State
<br />of Florida.
<br />1.65.2. Venue: Venue of any action to enforce the Contract
<br />Documents shall be in Miami -Dade County, Florida.
<br />1.65.3. Arbitration: It is the intention of the parties that
<br />whenever possible, if a dispute or controversy arises hereunder
<br />then such dispute or controversy shall be settled by arbitration
<br />in accordance with the procedures, rules and regulations of the
<br />American Arbitration Association. The decision rendered by the
<br />Arbitrator shall be final and binding upon the parties and
<br />judgment upon the award rendered by the arbitrator may be
<br />entered in any court having jurisdiction. Arbitration shall be held
<br />in Miami -Dade County, Florida. All costs of arbitration and
<br />attorneys' fees incurred by the parties shall be paid by the non -
<br />prevailing party or, if neither party prevails on the whole, each
<br />party shall be responsible for a portion of the costs of arbitration
<br />and their respective attorneys' fees as may be determined by
<br />the court on confirmation.
<br />1.66. Project Records: City shall have right to inspect
<br />and copy during regular business hours at City's expense, the
<br />books and records and accounts of Contractor which relate in
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