|
<br />amounts paid to the Contractor on account of
<br />specified Work done in accordance with the schedule
<br />values.
<br />
<br />1,33.3
<br />
<br />The divisions and sections of the Specifications shall
<br />not control the Contractor in dividing the Work
<br />among Sub-Contractors or delineating the Work
<br />performed by any specific trade.
<br />
<br />1.33.4
<br />
<br />The Contractor agrees to bind specifically every Sub-
<br />Contractor to the applicable terms and conditions of
<br />the Contract Documents for the benefit of the City.
<br />
<br />1.33.5
<br />
<br />All Work performed for the Contractor by a Sub-
<br />Contractor shall be pursuant to an appropriate
<br />agreement between the Contractor and the Sub-
<br />Contractor.
<br />
<br />1.33.6
<br />
<br />The Contractor shall be responsible for the
<br />coordination of the trades, Sub-Contractors and
<br />material and men engaged upon their Work:
<br />
<br />1.33.6.1 The Contractor shall cause appropriate
<br />provisions to be inserted in all
<br />subcontracts relative to the Work to bind
<br />Sub-Contractors to the Contractor by the
<br />terms of these General Conditions and
<br />other Contract Documents insofar as
<br />applicable to the Work of Sub-
<br />Contractors, and give the Contractor the
<br />same power as regards to terminating
<br />any subcontract that the City may
<br />exercise over the Contractor under any
<br />provisions of the Contract Documents.
<br />
<br />1.33.6.2 The City will not undertake to settle any
<br />differences between the Contractor and
<br />their Sub-Contractors or between Sub-
<br />Contractors.
<br />
<br />1.33.6.3 If in the opinion of the City, any Sub-
<br />Contractor on the Project proves to be
<br />incompetent or otherwise unsatisfactory;
<br />they shall be promptly replaced by the
<br />Contractor if and when directed by the
<br />City in writing.
<br />
<br />1.34
<br />
<br />LAWS AND REGULATIONS
<br />
<br />The Contractor will give all notices and comply with all laws,
<br />ordinances, rules and regulations applicable to the Work. If the
<br />Contractor observes that the Specifications are at variance
<br />therewith, they will give the City prompt written notice thereof,
<br />and any necessary changes shall be adjusted by an appropriate
<br />modification. If the Contractor performs any Work knowing it to
<br />be contrary to such laws, ordinances, rules and regulations, and
<br />without such notice to the City, they will bear all costs arising
<br />wherefrom.
<br />
<br />1.35
<br />
<br />~
<br />
<br />The City of Sunny Isles Beach is exempt from sales tax imposed
<br />by the State and/or Federal Government. Florida Sales Tax
<br />Exemption No. 23-00-477131-S4C appears on each purchase
<br />order. Exemption certificates are available upon request.
<br />
<br />1.36
<br />
<br />DUTY TO DEFEND, INDEMNIFY AND SAVE HARMLESS
<br />
<br />In consideration of the separate sum of twenty-five dollars
<br />($25.00) and other valuable consideration, the Contractor shall
<br />defend, indemnify and save harmless the City, its officers, agents
<br />and employees, from or on account of any injuries or damages,
<br />received or sustained by any person or persons during or on
<br />account of any operations connected with the Work described in
<br />the Contract Documents, or by or in consequence of any
<br />negligence in connection with the same; or by use of any
<br />improper materials or by or on account of any act or omission of
<br />the said Contractor or his Sub-Contractor, agents, servants or
<br />employees. The Contractor will defend, indemnify and hold
<br />harmless the City and their agents or employees from and against
<br />all claims, damages, losses and expenses including attorneys' fees
<br />arising out of or resulting from the performance of the Work,
<br />
<br />PAGE 9 OF 26
<br />BID NO. 11-01-01
<br />
<br />provided that any such claim damage, loss or expense (a) is
<br />attributable to bodily injury, sickness, disease or death, or to
<br />injury to or destruction of tangible property (other than Work
<br />itself) including the loss of use resulting wherefrom and (b) is
<br />caused in whole or in part by any negligent act or omission of the
<br />Contractor, Sub-Contractor, anyone directly or indirectly employed
<br />by any of them or anyone for whose acts any of them may be
<br />liable, regardless of whether or not it is caused by a party
<br />indemnified hereunder. In the event that a court of competent
<br />jurisdiction determines that Sec. 725.06 (2), F.S. is applicable to
<br />this Work, then in lieu of the above proviSions of this section the
<br />parties agree that Contractor shall indemnify, defend and hold
<br />harmless the City, their officers and employees, to the fullest
<br />extent authorized by Sec. 725.06 (2) F.S., which statutory
<br />provisions shall be deemed to be incorporated herein by reference
<br />as if fully set forth herein. In the event that any action or
<br />proceeding is brought against City by reason of any such claim or
<br />demand, Contractor, upon written notice from City shall defend
<br />such action or proceeding by counsel satisfactory to City. The
<br />indemnification provided above shall obligate Contractor to defend
<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
<br />name and description that may be brought against City, excluding
<br />only those which allege that the injuries arose out of the sole
<br />negligence of City, which may result from the operations and
<br />activities under this Contract whether the Work be performed by
<br />Contractor, its Sub-Contractors, or by anyone directly or indirectly
<br />employed by either.
<br />
<br />1.37
<br />
<br />CITY'S RESPONSIBILITY
<br />
<br />The City will issue all communications to the Contractor; the City
<br />will furnish the data required of them under the Contract
<br />Documents promptly; and the City's duties in respect to providing
<br />lands and easements are set forth in this section.
<br />
<br />1,38
<br />
<br />DECISIONS ON DISAGREEMENTS
<br />
<br />The City will be the initial interpreter of the Technical
<br />Specifications.
<br />
<br />1.39
<br />
<br />CHANGES IN WORK
<br />
<br />Without invalidating the Agreement, the City may, at any time or
<br />from time to time, order additions, deletions or revisions in the
<br />Work; these shall be authorized by Change Orders. Upon receipt
<br />of a Change Order, the Contractor will proceed with the Work
<br />involved. All such Work shall be executed under the applicable
<br />conditions of the Contract Documents. If any Change Order
<br />causes an increase or decrease in the Contract Price or an
<br />extension or shortening of the Contract Time, an equitable
<br />adjustment will be made as provided in this document. A Change
<br />Order signed by the Contractor indicates their agreement
<br />therewith.
<br />
<br />1.39.1
<br />
<br />The City may authorize minor changes or alterations
<br />in the Work not involving extra cost and not
<br />inconsistent with the overall intent of the Contract
<br />Documents. These may be accomplished by a Field
<br />Order. If the Contractor believes that any minor
<br />change or alteration authorized by the City entitles
<br />them to an increase in the Contract Price or extension
<br />of Contract Time, they may make a claim therefore as
<br />provided in this document.
<br />
<br />1.39.2
<br />
<br />Additional Work performed by the Contractor without
<br />authorization of a Change Order will not entitle them
<br />to an increase in the Contract Price or an extension of
<br />the Contract Time, except in the case of an
<br />emergency as provided in this document.
<br />
<br />1.39.3
<br />
<br />The City will execute appropriate Change Orders
<br />covering changes in the Work, to be performed and
<br />Work performed in an emergency as provided in this
<br />section and any other claim of the Contractor for a
<br />change in the Contract Time or the Contract Price
<br />which is approved by the City.
<br />
<br />1.39,4
<br />
<br />It is the Contractor's responsibility to notify his Surety
<br />of any changes affecting the general scope of the
<br />Work or change in the Contract Price or Contract
<br />Time and the amount of the applicable bonds shall be
<br />
|