|
1.39
<br />1.40
<br />1.41
<br />1.42
<br />after opening of Bids. The City spOficaltV reserves the
<br />right to award the contract to a Bidder who is not
<br />remmaniy th. lowese dollars and -no bidders on the
<br />basis of the results of thew gaeri= End investig.tion(s).
<br />Ices: four coorr--rparo of the r g ucmen:, the
<br />Performance Bo..d, the Certificotsa of In: -.Pam= and each
<br />ether Docummemts a_ ._q--Imd by the Contract Dommunts
<br />shall be e-ecuted and delivered oy Contractor to the City
<br />within ten (10) calendar days of receipt of the Notice of
<br />Award.
<br />The Contractor will give all notices and comply with all
<br />laws, ordinances, rules and regulations applicable to the
<br />Work. If the Contractor observes that the Specifications
<br />ore .1 ';.H.mce then with, they =g givc th. QZT promprz,
<br />ritten retic. thcreef, omd omy m. cc- ry chrimg=,hall be
<br />edtusted b; a . apppvpri.te modifieotiem. If th= Contractor
<br />performs any Work knowing it to be contrary to such laws,
<br />ordinances, rules and regulations, and without such notice
<br />to the Ci,y, they will bear .G posts rinsing wRerefrom.
<br />Wh.re portions J th. Work w acre ac crow federal, sreM,
<br />euenty or heal highsays, reads, streets, or :aterways, a,.d
<br />the aSumer In esetrol of 5-ih ppepoM ha: established
<br />standard specifications, the most stringent specifications,
<br />rules and regulations will apply.
<br />TAXES:
<br />The City of Some; Isles Beach is e::empt frerm sales ta-_
<br />imposed M the State andfor Federal Government. Florida
<br />Sales Tax Exemption No. 23-00-477131-54C appears on
<br />each io n.,rucr. Qemp-or, ceranraM ar. an.ilaBle upon
<br />rcgaest.
<br />;m wm3lderanum of the scparatc sum of Memy-fi;e dollar
<br />($25.00) and ether -lo-tric oomeidarrtiom, thc Contractor
<br />_hall defend, ied.mmmlfy and held hammnly= the City, its
<br />officers, agents and employees, from or on account of any
<br />Injuries or damages, received or sustained by any person
<br />or persons during or on account of any operations
<br />conn.etsd with the :ark deusbed In the Con as
<br />Documents, or by ar i.. m -r q .mac of any ...gligc-c. In
<br />wrimection with the =re.; up oy v= of air, Improper
<br />materials or by or on account or any act or omission of the
<br />said Contractor or his Sub -Contractor, agents, servants or
<br />employees. The Contractor will derend, indemn.Ty and
<br />hold hamllcma the Cl., a. -.d their ag.nts or employees from
<br />a. -.d against all daim3, damages, le,— and e;;pemsev
<br />Ind -dingy attore.ys' fees arising ant of op resulting from th=
<br />performance of the WoM provided that any such claim
<br />damage, loss or expense ja f Is attributable to bodily Injury,
<br />games, umeox or oeath, .,r W injury w or oesavcoon ar
<br />tangibl. property (other them Wark Itself) including the lase
<br />of o7- rwalti.g wherefrom and (b) is coe=d i.. -hale or
<br />In part by any negligent act or omission of the Contractor,
<br />Sub -Contractor, anyone directly or Indirectly employed 07
<br />any of them or anyone for whose acts any of them may be
<br />1.43
<br />1.44
<br />` ri of svt4 tr-
<br />liable, regardless of whether or not it Is caused R a party
<br />Indemnified hereunder. In the event that a court of
<br />compe-rr tonsoi- aa.. oc[cnnina UTSec. 7.5.ea ill,
<br />F.S. Is app I.able to thl3 Work, th.m In lice of the above
<br />pre.islune of this mcdvm the partici ..glee that Contractor
<br />shall Indemnlry, defend and hold harmless the City, their
<br />officers and employees, to the fullest extent authorized by
<br />Sec. 725.06 12f F.S., which statutory provisions shall be
<br />dee-ed m be mmcorpora,ed herein by reference os if folly
<br />.,,.t forth h.rein. In the c-nt that any action or pme=di-g
<br />Is brought ag.Imst City by tie=n of rimy -ch chips op
<br />demand, Contractor, upon written notice from City sha i
<br />defend such action or proceeding by counsel satisfactory
<br />to City. The Indemnification provided above shall obligate
<br />Con4emmr 0 defend a. ,ts oRm expe—.,r Z. provide for
<br />=c h dcfe..se, at City'3 optic., a -y and all cairns of liability
<br />and all:@its acrd _cti_m-- of—ry mores a -d description that
<br />may be brought against City, e..duding only those which
<br />allege that the Injuries arose out of the sale negligence of
<br />Ci,y, which may result from the operations and activities
<br />ander this ComREec whether the -ark be performed by
<br />Co .tracto.-, Its Sob-Contractoe, or by anyone di.-ectly or
<br />IndimctI ermpkltd 6y eith_p.
<br />The Clay will be the irid.1 Irazzrpremr of the Performance
<br />Standard; amd Techmiczil Specifieatiamz.
<br />:r ole Con actor is aorouged Mnlfl'EN. or insolvent, or it
<br />they mak. a general awigmm.nz for the bencfr of their
<br />creditors, or If ,, trustee or rceeiver Is appointed for the
<br />Contractor rip fop a=, of their pp@p@rty, e;! if th_, til_ a
<br />petition to take advantage of any debtor's act, or to
<br />reorganize under bankrupwy or similar laws, or If they
<br />repeuvEaly fail! M spply sami3cm sailed wommen or
<br />sa4ablc matcri.ls or equipment, or If they repeatedly fail
<br />W rmake prompt paym.mts to Sob-Comtractwpe up far labor,
<br />materials or equipment or they disregard laws, ordinances,
<br />rules, regulations or orders of any public body having
<br />jurisdiction, or if they disregard the authority of the CI.y,
<br />of if they ,.th. '.R -valour any provision of, the Connu
<br />Documcets, then the City m -y, -itheet pmjadl= to any
<br />ether right p@medy and after gwi;g the Contractor, and
<br />the surety ten 1�10f days written notice, terminate the
<br />services of the Contractor and take possession of the
<br />Project and of all materials, equipmenw tools, construction
<br />equip mere amd machinery thcreor. onmcd by the
<br />Contractor, and Finish the Werk by -hates.- m.thad they
<br />ere, doo mexpeole .t. 11". each ee = the Contractor shall
<br />not be entitled to receive any further payment until the
<br />Work is finished. If the unpaid balance of the Contract
<br />Price exceeds the direct and Ind.rect costs or completing
<br />the R.J«., i..dodlmg compenmtiom for additiam.1
<br />prate=iumal == mss, such em e= sha11 be paid to the
<br />Contractor. If such Costs a --ed such @npa:d balance, the
<br />Contractor will pay the difference to the Gty. Such costs
<br />Incurred by the Crcy will be determined 09 the Cl.y and
<br />inrarpo ori., in a cri.mg. oraer. Ifo -r Krmina-or. or Inc
<br />Contractor ender thl3 section, it is determined by a coart
<br />of eompet.nt Jerlsdictlen for any re;-. that the
<br />Contractor was not In default, the rights and obligations of
<br />the Uy- and the Contractor shall be the same as If the
<br />termination had been Issued pursuant to this document.
<br />City of sunny Isles Beach I Invitation to Bid Ido. Lf'vT'vl
<br />Lukes' Landscaping, tu%.
<br />
|