RE-BID ITB # 23-10-01 JOINT PROCUREMENT CENTRAL ISLAND

Home Browse Search

ITB 23-03-01 Sunny Isles Beach Central Island Area Drainage Improvement and North Miami Beach Distribution System Watermain Replacements knowledge that the CONTRACTOR’s recovery from the CITYtoanyactionor claim arising from the Agreement is limited to a maximum amount of $1,000, which amount shall be reduced by the amount actually paid by the CITY to the CONTRACTOR pursuant to this Agreement, for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended either to be a waiver of the limitation placed upon the CITY’s liability as set forth in Section 768.28, Florida Statutes, or to extend the CITY’s liability beyond the limits established in said Section 768.28; and no claim or award agains t the CITY shall include attorney’s fees, investigative costs, expert fees, suit costs or pre-judgment interest. 20.2 No Extended Damages: For other and additional good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the CONTRACTOR covenants and agrees that in the event of any delay of construction or for any reason, allegation or claim, and notwithstanding the reason of the delay, reason, claim or allegation or who caused them or the construction delay or whether they were caused by the CITY, that there will be no entitlement to CONTRACTOR to or for any direct or indirect financial damages or losses for extended corporate overhead impact, extended project overhead impacts, project support services , mobilization or demobilization or by whatever other label or legal concept or theory and types of names or labels or basis such claims may have, or any business damages or losses of whatever type or nature, and CONTRACTOR hereby waives any right to make any such claim or claims. This provision will have application and effect when construction delays are anticipated and agreed upon by both the CITY and the CONTRACTOR. ARTICLE 21 – GOVERNING LAW 21.1 This Agreement shall be governed by the laws of the State of Florida. Both Parties agree that the courts of the State of Florida shall have jurisdiction of any claim arising in connection with this Agreement. Venue for any claim, objection or dispute arising out of this Agreement shall be in Dade County, Florida. By entering into this Agreement, CONTRACTOR and CITYhereby expressly waive any rights either party may have to a trial by jury or any civil litigation related to, or arising out of the Project. CONTRACTORshall specifically bind all subcontractors to the provisions of this Agreement. ARTICLE22–MISCELLANEOUS 22.1 The duties and obligations imposed by this Agreement and the rights and remedies available to the parties and, in particular but without limitation, the warranties, guaranties and obligations imposed upon the CONTRACTOR and all of the rights and remedies available to the CITY, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Paragraph willbeas effective as if repeated specifically in the Contract Documents, and the provisions of this Paragraph will survive final payment and termination or completion of this Agreement. 22.2 The CONTRACTOR shall not assign or transfer this Agreement or its rights, title or interests. The obligations undertaken by the CONTRACTOR pursuant to this Agreement shall not PAGE 34OF 38