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CITY OF SUNNY ISLES BEACH
<br /> - 18070.Collins Avenue
<br /> • ~� Sunny Isles Beach,Florida 33160 5°' :I,af
<br /> 305.947.0606
<br /> wwwsibH.net 'CO" 1n •
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<br /> C,'y Di SON P'42
<br /> incorporated an a Change Order. If after terinnatcn of the
<br /> 1.35 DUTY TO DEFEND.INDEMNIFY AND SAVE HARMLESS; Contractor under this Section, 4 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-free dollars(525.00) in default,the rights and obligations of the City and the Contractor
<br /> and other valuable consideration, the Contractor shall defend, shag be the same as if the termination had been issued pursuant to
<br /> walemdy and had flaniess the City, as officers, agents and this documert
<br /> =Payees, from at on account of any Injuries at damages.
<br /> received or sustained by any person or persons Mang or as 1.37.1 Where the Contractors service. have been so
<br /> accdast of any operations connected with the Work described ed n teminats by the City said tenmaDm shall not
<br /> the Contract Documents, or by at in corisequece of any affect any rights of the City against the Contractor
<br /> ambience in morucoon with the same:or by use of any irrnproper them edsLq a wlitls may the®Rer accrue. My
<br /> materials or by or on account of any act a anssgn of the said reteMon or payment of moneys by the CO due the
<br /> Contractor or has Sub-Contractor,agents,savants or eri ogees Coorracta will not release the Contra:ea flan
<br /> The Contractor wa defend,men*and hold taintless the City day.
<br /> and them agents or enployees from and against all dons,
<br /> damages,losses art expenses including attorneys'fees arising out 1.37.2 Upon ten(10)days written notice to the Contractor,
<br /> of or renting from the performance of the Wale, provided that the City may,walnut cause and without prejudice to
<br /> any such dam damage,loss or expense(a)is aNnbutade to toddy any other right at remedy, elect to(emulate the
<br /> mjury,sab ess,disease or death,or to injury to or=Cruet=s of Agreement. In such case, the Catmctor shag be
<br /> tangle property(otter than Work itself)uxliuding the loss of use pad for all Wan executed and accepted by the City
<br /> resulting wheelran and(b)is caused in whole or in part by any as of the date of the tesmsazvs. No payment shall
<br /> negbgent act or omission of the Contractor,Sub-Contractor,anyone be made for pmft for Watt whith has not been
<br /> Minty or mceetly employed by any of then or anyone for whose performed.
<br /> acts any of then may be lade.regardless of whether or not 4 is
<br /> caused by a party mem:ied hereunder. In the event that a can 1.38 EO
<br /> MISCELLANUS:
<br /> of canpetent laisdittion detemmlrmes that Sec.725.06(2), ES is
<br /> apokoble to this Work,then in ken of the above provisions of this Proposes acknowledge the Iolowug niscellaneos co idaions:
<br /> section the parties agree that Contracts shall itleraify,defer]
<br /> and told harmless the City,Nei:officers and enpbrees,to the 1.38.1 Whenever any prosis=of the Cali t Moments
<br /> filet extent assorted by Sec.725.06(2)F.S,which statutory reuines the giving of water nonce 4 slid be
<br /> provisions sisal be deemed to be incorporated herein by reference deems to have been :fluidly given if deiaeD n
<br /> as if fly set forth heren. In the event that any action or person to the inanduel or to a member W the firm a
<br /> Proceeding is brought against City by reason of any rah dam or to an officer of the corporation for whom it is
<br /> demand, Ca-eractor, upon written entice from Coy shag defend intends,at if delves at at set by regs[es at
<br /> such action or proceeding by camel satisfactory to Cty. Tte cetrfed mat, postage prepaid,to the last business
<br /> ndem rid ac n ponied above shall oblgate Contractor to defend address known to than who gives the notice.
<br /> at as own expanse or to provide for such defame,at caps option,
<br /> any and al dawns of liab lity and all suits and actions of every name 1.38.2 The Contract Documents shad ranan the property of
<br /> and annum that may be dawn against City,esck di g City hie City. The Coaractor sal have the rigs to keep
<br /> these whoa allege but the injures arose out of the sole regkgence are record sec ot the Contact D0ommend upu
<br /> of City,which may resat ban the neatens and activities under comDenim of the Pro)ea.
<br /> this Contract whether the Wan be performs by Canada,its
<br /> SubfmtaUas,a by anyone drectty or indiecy employed by 1.38.3 The duties as obfgate so s imposed by these General
<br /> ether. Contains, Spinal Condoms and Saplemem=
<br /> Conditions and the rights and reesles avaaatie
<br /> 1.36 DECISIONS ON DISAGREEMENTS: hander,as, in patioamr b4 with=bridtbs,
<br /> the warranties, guarantees and obligations nosed
<br /> The Cay will be the intal interpreter of the Technical upon Contactor and Nose in the Special Conitvss
<br /> Spearmints. and the rigors and remedies avaaade to the City,
<br /> shall be in addition to,and shall cot be cnsmcd n
<br /> 1.37 ITN MAY TERMINATF; any way as a l mation of,any rights and remedies
<br /> available by law, by special guarantee or by other
<br /> If the Contractor is adjudged bankrupt or collet,or if they nuke provisions of the=tract Doapmerts.
<br /> a general assignment for the benefit of Nei actors, or if a
<br /> trustee or receiver is appointed for the Contractor or for any of 1.38.4 Shouki the City or the Contracts Suffer njay a
<br /> their property,or if they file a potion to lake advantage of City damage to as person or property because of any
<br /> deLNrs act,or to reorganize under bankruptcy or similar taws,at of en,°mssion.or act of the often of any of their
<br /> they repeatedly fads to suppFy sufficient skilled workmen or seta= enpinyee or agents or Wines for whose acts they
<br /> materials or equiament or if they repeatedly di t make prompt are legally kale.clam shall be made in venting to the
<br /> payments to Sub-Contractors or for lab t,material or equipment other party within a reasonable tee of the first
<br /> or they disregard laws,ordinances,rules,regaati s or orders of observance of Such in jury or damage.
<br /> any attic body haven jmsditon, or if they disregard the
<br /> authority of the City,of it they=lemma viobte any precision of, 1.39 WAIVER OF JURY TRIAL:
<br /> the Contract Documents,then the City may,without preisie to
<br /> any Come right or remedy as after grew the Contractor and the City and Contractor knowingly, mecca** vo annly arc
<br /> Surety ten(10)days written notice,termnate the services of the intentionally wake any right ether may have to a triad by jury in
<br /> Contractor and take possession of the Project and of all materials, State or Federal Cart proceedings in respect to any action,
<br /> equipmet,tons,construction eluipnet and madiney thereat proceeding, lawsuit or coca tarlam base ups the Contract
<br /> owned by the Contractor,and finish the Wak by whatever rased Documents or the performance of the Wok thee under.
<br /> they may dean expedient In such case the C..wator shat not
<br /> be entitled to receive any further payment untl the Work 1.40 GOVERNING LAW;
<br /> (rushed. If the apaid balance of the Contract P:ie exceeds the
<br /> direct and indiei costs of completing the Project, iuhdig The Contract shall be construed n a®rdance sets and governed
<br /> compensation for additonal professional services,such excess shall by the law of the State of Fbida.
<br /> be paid to the Cantrana. If soh oasts emceed sat apad
<br /> balance,the Contractor wl pay the diffePnce to the City. Such 1.41 Y ri=
<br /> costs incurred by the City Ml be determined by the Cay and
<br /> t ry
<br /> City of Sunny Isles Beach I Request for Proposal No. 12-10-03 i8 r
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