|
: & k: � fin.-t`rx'` Iy'- '�.Y ash .mai. .i.'. a }tY t''4" - ''� ,I?+:.. ia; r '� ,'<: c,. T }.hi`; ,;tT1'..
<br /> f.:;Iva .ate -:�aa 54 1-Ycy'�5' .' , " T r ' ::-,:„-„.---='.-r.-:,i-4.. f x3:` j,e.ic s*,.'� ,v4 f; _ tr.. r c .5.rT'_i ..„ ,,,,, t •
<br /> ; r.' ,r a, -,,,,,
<br /> ?� Y �, *,-4 i z .,- ` ?.. c Y tR03,- ----'-'-'<;-4-t,=:,,---. ', s1;4 � ', -• t �: -,`4'Z .. y Y4,, ,a,.r are ,
<br /> ''°2 t `. wA' -- r w:�3u _4y`g �I^'7> Y ?+ s ' —4.,v .)�.JI:AL =^ .< <ty ..-.0_,. ..,i,a ,��" " '�. %
<br /> ,„ r� --sem �1 A � . ? � , .P -fi :: $ ,3P.*.- 'ts l �f , s � -F ay.
<br /> �. �: .tea. ��i�- �Li�,,��`. `y?.�'�� >�?�Lr .i�.. 't����.:a`a-.�_.�g...:'�a.i.Yi ,.�� �?i�? � ��:�s'�{��-�:...xtF; t� r+�T. 1F..4 ,�....,�� ,� ��•,...
<br /> .. r cF. r s a- vz. tnS.F" . $ .." _...`� � 'PIt g y /� t c-�' -k a �- .:''._fir s -
<br /> �- ° �T-. "�.- � �� �a�.�s?�,�����.� 5 '�.;i� �r,�..�'x ��c�� � JSO�f�i..'CS:1Ti...# 'YAt,�� "����C.- �'�.`# �'�a��
<br /> „.„, - ,_ > Za�` ` x`: ` ' -�srkji-V i4 i'S Oe0C+yE 711U(gOPD !W - :�'� "x :_r"S- it, �'£ rs
<br /> ,,Art `` t.:.„A ".',. Z I rz ?.s_ -Ax 'S 4 1�1��.:,..�,t.„,,4+ ri, t...,,,,,,,. ..,50.,,„1.,12.,. �� GA.. �K 4 tFj �;:+ `R
<br /> .A`.-. =,+mak-:- ' . ¢.a �. ' ,4 3 a _.V `` *<: 0 t c.
<br /> 'A-i---, '''''.1:,,,,,e �� -a r ',--mak n- � Y .3 Jr�-A b j,s.i*� k tr..k '
<br /> . 4"S ;sxx _.x v * -F �o�.'.-x :�' ,.4xi .,. 5,$y. �strf"� '?pp..4Se, '°.jjj" `a_,. �t i.+� 9x %.
<br /> ' '',£•: -4'.:1';.-4-1F44-4` .Y .. , "`'b ; .� r, ;-->1,ZV! $'1JrltfiE� .b,t Y W,ar. ,z.E.a to W''„ =
<br /> .,� �4t � '��� �� 5 "� - , s
<br /> .�� , �_`�� �.:.- �..s, �,�.r._�>. : _ .� €.....:�. •x � � ���� ��°�� `�.u.a tom. °� .� 1 1� .. ,.`1:: �_��.
<br /> "i.. •
<br /> 'Sf *'•.ft.04"
<br /> 4
<br /> will issue the Notice of Award and give the successful Sub-Contractor,anyone directly or indirectly employed by
<br /> Bidders a Contract for execution within ninety(90)days any of them or anyone for whose acts any of them may be
<br /> after opening of Bids. The City specifically reserves the liable,regardless of whether or not it is caused by a party
<br /> right to award the contract to a Bidder who is not indemnified hereunder. In the event that a court of
<br /> necessarily the lowest dollars and cents bidders on the competent jurisdiction determines that Sec. 725.06 (2),
<br /> basis of the results of these queries and investigation(s). F.S. is applicable to this Work, then in lieu of the above
<br /> provisions of this section the parties agree that Contractor
<br /> shall indemnify,defend and hold harmless the City,their
<br /> 1.39 EXECUTION OF AGREEMENT: officers and employees,to the fullest extent authorized by
<br /> Sec. 725.06 (2) F.S., which statutory provisions shall be
<br /> At least four counterparts of the Agreement, the deemed to be incorporated herein by reference as if fully
<br /> Performance Bond,the Certificates of Insurance and such set forth herein. In the event that any action or proceeding
<br /> other Documents as required by the Contract Documents is brought against City by reason of any such claim or
<br /> shall be executed and delivered by Contractor to the City demand, Contractor, upon written notice from City shall
<br /> within ten (10)calendar days of receipt of the Notice of defend such action or proceeding by counsel satisfactory
<br /> Award. to City. The indemnification provided above shall obligate
<br /> Contractor to defend at its own expense or to provide for
<br /> 1.40 LAWS AND REGULATIONS: such defense,at City's option,any and all claims of liability
<br /> and all suits and actions of every name and description that
<br /> The Contractor will give all notices and comply with all may be brought against City, excluding only those which
<br /> laws, ordinances, rules and regulations applicable to the allege that the injuries arose out of the sole negligence of
<br /> Work. If the Contractor observes that the Specifications City,which may result from the operations and activities
<br /> are at variance therewith, they will give the City prompt under this Contract whether the Work be performed by
<br /> written notice thereof,and any necessary changes shall be Contractor, its Sub-Contractors, or by anyone directly or
<br /> adjusted by an appropriate modification. If the Contractor indirectly employed by either.
<br /> performs any Work knowing it to be contrary to such laws,
<br /> ordinances,rules and regulations,and without such notice 1.43 DECISIONS ON DISAGREEMENTS:
<br /> to the City, they will bear all costs arising wherefrom.
<br /> Where portions of the Work traverse or cross federal,state, The City will be the initial interpreter of the Performance
<br /> county or local highways,roads,streets,or waterways,and Standards and Technical Specifications.
<br /> the agency in control of such property has established
<br /> standard specifications, the most stringent specifications, 1.44 CITY MAY TERMINATE:
<br /> rules and regulations will apply.
<br /> If the Contractor is adjudged bankrupt or insolvent,or if
<br /> 1.41 TAXES: they make a general assignment for the benefit of their
<br /> creditors, or if a trustee or receiver is appointed for the
<br /> The City of Sunny Isles Beach is exempt from sales tax Contractor or for any of their property, or if they file a
<br /> imposed by the State and/or Federal Government. Florida petition to take advantage of any debtor's act, or to
<br /> Sales Tax Exemption No. 23-00-477131-54C appears on reorganize under bankruptcy or similar laws, or if they
<br /> each work order. Exemption certificates are available upon repeatedly fails to supply sufficient skilled workmen or
<br /> request. suitable materials or equipment,or if they repeatedly fail
<br /> to make prompt payments to Sub-Contractors or for labor,
<br /> 1.42 DUTY TO DEFEND,INDEMNIFY AND SAVE materials or equipment or they disregard laws,ordinances,
<br /> HARMLESS: rules, regulations or orders of any public body having
<br /> jurisdiction,or if they disregard the authority of the City,
<br /> In consideration of the separate sum of twenty-five dollars of if they otherwise violate any provision of,the Contract
<br /> ($25.00)and other valuable consideration, the Contractor Documents, then the.City may, without prejudice to any
<br /> shall defend, indemnify and hold harmless the City, its other right or remedy and after giving the Contractor and
<br /> officers,agents and employees,from or on account of any the surety ten (10) days written notice, terminate the
<br /> injuries or damages,received or sustained by any person services of the Contractor and take possession of the
<br /> or persons during or on account of any operations Project and of all materials,equipment,tools,construction
<br /> connected with the Work described in the Contract equipment and machinery thereon owned by the
<br /> Documents,or by or in consequence of any negligence in Contractor,and finish the Work by whatever method they
<br /> connection with the same; or by use of any improper may deem expedient. In such case the Contractor shall
<br /> materials or by or on account of any actor omission of the not be entitled to receive any further payment until the
<br /> said Contractor or his Sub-Contractor,agents,servants or Work is finished. If the unpaid balance of the Contract
<br /> employees. The Contractor will defend, indemnify and Price exceeds the direct and indirect costs of completing
<br /> hold harmless the City and their agents or employees from the Project, including compensation for additional
<br /> and against all claims, damages, losses and expenses professional services, such excess shall be paid to the
<br /> including attorneys'fees arising out of or resulting from the Contractor. If such costs exceed such unpaid balance,the
<br /> performance of the Work, provided that any such claim Contractor will pay the difference to the City. Such costs
<br /> damage,loss or expense(a)is attributable to bodily injury, incurred by the City will be determined by the City and
<br /> sickness,disease or death,or to injury to or destruction of incorporated in a Change Order. If after termination of the
<br /> tangible property(other than.Work itself)including the loss Contractor under this Section,it is determined by a court
<br /> of use resulting wherefrom and(b)is caused in whole or of competent jurisdiction for any reason that the
<br /> in part by any negligent act or omission of the Contractor, Contractor was not in default,the rights and obligations of
<br /> City of Sunny Isles Beach I ITB 18-03-03 Right-of-Ways and Facilities Landscape Maintenance Services 14
<br /> Lukes' Landscaping, Inc.
<br />
|