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<br /> No. 23-00-477131-54C appears on each purchase order. balance,the Contractor will pay the difference to the City. Such
<br /> Exemption certificates are available upon request. cants incurred by the City will be determined by the City and
<br /> incorporated in a Change Order. If after termination of the
<br /> 1.35 DUTY TO DEFEND.INDEMNIFY AND SAVE HARMLESS' Contractor under this Section, it is determined by a court of
<br /> competent jurisdiction for any reason that the Contractor was not
<br /> In consideration of the separate sum of twenty-five dollars($25.00) in default,the rights and obligations of the City and the Contractor
<br /> and other valuable consideration, the Contractor shall defend, shall be the same as if the termination had been issued pursuant to
<br /> indemnify and hold harmless the City, its officers, agents and this document.
<br /> employees, from or on account of any injuries or damages,
<br /> received or sustained by any person or persons during or on 1.37.1 Where the Contractor's services have been so
<br /> account of any operations connected with the Work described in terminated by the City said termination shall not
<br /> the Contract Documents, or by or in consequence of any affect any rights of the City against the Contractor
<br /> negligence in connection with the same;or by use of any improper then existing or which may thereafter accrue. Any
<br /> materials or by or on account of any act or omission of the said retention or payment of moneys by the City due the
<br /> Contractor or his Sub-Contractor,agents,servants or employees. Contractor will not release the Contractor from
<br /> The Contractor will defend,indemnify and hold harmless the City liability.
<br /> and their agents or employees from and against all claims,
<br /> damages,losses and expenses including attorneys'fees arising out 1.37.2 Upon ten(10)days written notice to the Contractor,
<br /> of or resulting from the performance of the Work,provided that the City may,without cause and without prejudice to
<br /> any such claim damage,loss or expense(a)is attributable to bodily any other right or remedy, elect to terminate the
<br /> injury,sickness,disease or death,or to injury to or destruction of Agreement. In such case, the Contractor shall be
<br /> tangible property(other than Work itself)including the loss of use paid for all Work executed and accepted by the City
<br /> resulting wherefrom and(b)is caused in whole or in part by any as of the date of the termination. No payment shall
<br /> negligent act or omission of the Contractor,Sub-Contractor,anyone be made for profit for Work which has not been
<br /> directly or indirectly employed by any of them or anyone for whose performed.
<br /> acts any of them may be liable,regardless of whether or not it is
<br /> caused by a party indemnified hereunder. In the event that a court 1.38 MISCELLANEOUS:
<br /> of competent jurisdiction determines that Sec. 725.06(2),F.5. is
<br /> applicable to this Work,then in lieu of the above provisions of this Proposers acknowledge the following miscellaneous conditions:
<br /> section the parties agree that Contractor shall indemnify,defend
<br /> and hold harmless the City,their officers and employees,to the 1.38.1 Whenever any provision of the Contract Documents
<br /> fullest extent authorized by Sec.725.06(2)F.S.,which statutory requires the giving of written notice it shall be
<br /> provisions shall be deemed to be incorporated herein by reference deemed to have been validly given if delivered in
<br /> as if fully set forth herein. In the event that any action or person to the individual or to a member of the firm or
<br /> proceeding is brought against City by reason of any such daim or to an officer of the corporation for whom it is
<br /> demand, Contractor, upon written notice from City shall defend intended,or if delivered at or sent by registered or
<br /> such action or proceeding by counsel satisfactory to City. The certified mail, postage prepaid,to the last business
<br /> indemnification provided above shall obligate Contractor to defend address known to them who gives the notice.
<br /> at its own expense or to provide for such defense,at City's option,
<br /> any and all claims of liability and all suits and actions of every name 1.38.2 The Contract Documents shall remain the property of
<br /> and description that may be brought against City,excluding only the City. The Contractor shall have the right to keep
<br /> those which allege that the injuries arose out of the sole negligence one record set of the Contract Documents upon
<br /> of City,which may result from the operations and activities under completion of the Project.
<br /> this Contract whether the Work be performed by Contractor, its
<br /> Sub-Contractors,or by anyone directly or indirectly employed by 1.38.3 The duties and obligations imposed by these General
<br /> either. Conditions, Special Conditions and Supplemental
<br /> Conditions and the rights and remedies available
<br /> 1.36 DECISIONS ON DISAGREEMENTS: hereunder, and, in particular but without limitation,
<br /> the warranties,guarantees and obligations imposed
<br /> The City will be the initial interpreter of the Technical upon Contractor and those in the Special Conditions
<br /> Specifications. and the rights and remedies available to the City,
<br /> shall be in addition to,and shall not be construed in
<br /> 1.37 CITY MAY TERMINATE: any way as a limitation of,any rights and remedies
<br /> available by law, by special guarantee or by other
<br /> If the Contractor is adjudged bankrupt or insolvent,or if they make provisions of the Contract Documents.
<br /> a general assignment for the benefit of their creditors, or if a
<br /> trustee or receiver is appointed for the Contractor or for any of 1.38.4 Should the City or the Contractor suffer injury or
<br /> their property,or if they file a petition to take advantage of any damage to its person or property because of any
<br /> debtor's act,or to reorganize under bankruptcy or similar laws,or if error,omission,or act of the other or of any of their
<br /> they repeatedly fails to supply sufficient skilled workmen or suitable employees or agents or others for whose acts they
<br /> materials or equipment,or if they repeatedly fail to make prompt are legally liable,claim shall be made In writing to the
<br /> payments to Sub-Contractors or for labor,materials or equipment other party within a reasonable time of the first
<br /> or they disregard laws,ordinances,rules,regulations or orders of observance of such in jury or damage.
<br /> any public body having jurisdiction, or if they disregard the
<br /> authority of the City,of if they otherwise violate any provision of, 1.39 WAIVER OF JURY TRIAL;
<br /> the Contract Documents,then the City may,without prejudice to
<br /> any other right or remedy and after giving the Contractor and the City and Contractor knowingly, irrevocably voluntarily and
<br /> surety ten(10)days written notice,terminate the services of the intentionally waive any right either may have to a trial by jury in
<br /> Contractor and take possession of the Project and of all materials, State or Federal Court proceedings in respect to any action,
<br /> equipment,tools,construction equipment and machinery thereon proceeding, lawsuit or counterclaim based upon the Contract
<br /> owned by the Contractor,and finish the Work by whatever method Documents or the performance of the Work there under.
<br /> they may deem expedient. In such case the Contractor shall not
<br /> be entitled to receive any further payment until the Work is 1.40 GOVERNING LAW:
<br /> finished. If the unpaid balance of the Contract Price exceeds the
<br /> direct and indirect costs of completing the Project, including The Contract shall be construed in accordance with and governed
<br /> compensation for additional professional services,such excess shall by the law of the State of Florida.
<br /> be paid to the Contractor. If such costs exceed such unpaid
<br /> City of Sunny Isles Beach I Invitation to Bid No. 17-08-01 8
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