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<br /> - CITY OF SUNNY ISLES BEACH
<br /> .---Y.,--.,- 18070.Collins Avenue
<br /> • Sunny Isles Beach, Florida 33160` s,,"nee,,,F � - `
<br /> 0 - 305.947.0606 f
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<br /> aamnt of any act or omission of the said Contractor or his Sub- 137.2 Upon ten(10)days written notice to the Contractor,
<br /> le Contractor,agents, servants or employees. The Contractor will the City may,without muse and without prejur�oe to
<br /> defend,indemnify and held homilies the City and their agents or any otter right or remedy, elect to laminate the
<br /> e employees from and against all darts, damages, kisses and
<br /> e Age In such case the Contractor shag be paidexpenses including attorneys fees arisbg out of or resulting from for a0 Work executed and accepted by the City as of
<br /> the performance of the Work,provided that arty such claim damage, the date of the termination.No payment shag be rwde
<br /> 0 las or expense(a)is attributable to bodily injury,sickness,disease for profit for Work which has neat been pefarmeli
<br /> or death,or to injury to or destruction of tangible property(other
<br /> e than Work Used)including the los of use resulting wherefrom and 138 MISCf1JANEOUS:
<br /> (b)is mused in why or n part by any negligent act or omission of
<br /> the Contractor, Sub-Contractor, anyone directly in
<br /> ty directly Proposers acknaMedge the following rnisceganeous conditions:
<br /> employed by any of them or anyone for whose ads any of tem may
<br /> be liable, regardless of whether or not it is mused by a party 1.381 Whenever any provision of the Contract Documents
<br /> indemnified hereunder. In the event that a court of competent requires the giving of written notice it shag be deemed
<br /> jurisdiction determines that Sec.725.06(2),F.S.is applicable to this to have been yard,/given if delivered n person to the
<br /> Work,then in lieu of the above provisions of this section the parties individual or to a member of the firm or to an office of
<br /> agree that Contractor shag indemnify,defend and hold harmless the the corporation for whom it is intended,or d delivered
<br /> City,their offerers and employees to the fullest extent authorized by at or sort by registered or citified mail, postage
<br /> Sec.725.06(2)F.S.,which statutory provisions shag be deemed to prepaid,to the last business address town to them
<br /> be incorporated herein by reference as if fully set forth herein. In who gives the notice
<br /> the event that any action or proceeding is brought against City by
<br /> ® reason of any such claim or demand,Contractor,upon written notice or proceeding 138 2 The Contract Documentsstag rartairn the propertyof
<br /> • City shall defend such action by counsel the City. The Contractor shag have the right to keep
<br /> satisfactory to City. The indemnification provided above shall one record set of the Contract Documents upon
<br /> e obligate Contractor to defend at its own expense or to provide for
<br /> completion of the Project
<br /> such defense,at City's option,any and all daims of liability and all
<br /> ® wits and actions of every name and description that may be brought
<br /> age1383 The duties and obligations imposed by these GeneralGeneralrn4 City,excluding only those which allege that the injuries arose Conditions, Special Conditions and Supplemental
<br /> out of the sole negligence of City, whidi may result from the Conditions and the rights and remedies available
<br /> ®
<br /> operations and awes under this Contract whether the Work be hereunder,and,in particular but without limitation,the
<br /> performed by Contractor,its Sub Contractors,or by anyone directly .varrarnties,guarantees and obligations imposed upon
<br /> or ndaectly employed by either. Contractor and those in the Special Conditions and the
<br /> rights and remedies available to the City,shall be in
<br /> 1.36 DECISIONS ON DISAGREEMENTS; addiliorn to,and shall not be construed in any way as a
<br /> limitation of,any rights and remedies available by law,
<br /> The Coy we]be the initis interpreter of the Technical Specifications. by special guarantee or by other provisions of the
<br /> 1.37 QTY MAY TERMINATE: Contract Documents.
<br /> 1.38.4 9setdd the City or the Contractor safer injury or
<br /> If the Contractor is adjudged baNwpt or insolvent,or d they make damage to is person or property because of any error,
<br /> a ger eral assignment for the benefit of their creditors or if a trustee o fission, or act of Mee other o of any of their
<br /> or receiver is appointed for the Contractor or for any of their employees or agents or others for whose ads they are
<br /> property,or if they file a petition to take advantage of any debtor'slegacy ale,claim shag be made in writing to the other
<br /> act,or to reorganize under bankruptcy or similar laws,or if they party wither a reasonatde carne of the fast observance
<br /> repeatedly fails to supply sufficient sidled workmen or suitable
<br /> of such injury or damage
<br /> materials or equipment,or if they repeatedly fail to make prompt
<br /> payments to Sub-Contractors or for labor,materials or equipment or
<br /> 139 WAIVER OF JURY TRIAL:
<br /> they disregard laws,ordinances,rules,regulations or orders of any
<br /> pilafs body having jun sdretlon,or if they disregard the authority of and Contractirr knowingly, are.ocaby vohmtariy and
<br /> the City,of d they otherwise vitiate any provision of,the Contrail inrter,tiorratsy waeve any right ether may have to a trial by jury in
<br /> Doarrnads,then the City may,without prejudice to any other right State or Federal Coat pnoeefargs in respect to any action,
<br /> or remedy and after giving the Contractor and the surety ten(10) proceeding, lawsuit or eotmterdakn based upon the Contract
<br /> days written notice,terminate the services of the Contractor and take Documents or the performance of the Work there eider_
<br /> possession of the Project and of all materials,equipment,tools,
<br /> con nn equipment and machinery thereon owned by the
<br /> 1.40 GOVERNING LAW;
<br /> Contractor,and finish the Work by whatever method they may dean
<br /> expn#ient. In such case the Contractor shall not be entitled to The Contract shall be construed in accordance with and governed by
<br /> receive any further payment until the Work is finished. If the unpaid the law of the Stab of Florida
<br /> balance of the Contract Price exceeds the direct and indirect costs of
<br /> completing the Project, including compensation for additional 1.41 V 3F lUE
<br /> professional severe,such excess shall be paid to the Contractor. If
<br /> such costs exceed suds unpaid balance,the Contractor will pay the Verne of any action to enforce the Contract Documents shag be in
<br /> difference to the City. Such costs incurred by the City will be Mian)Dade County,Ronda
<br /> deer ned by the City and incorporated in a Change Order. If after
<br /> termination of the Contractor under this Section,it is determined by
<br /> 1.42 ARBITRATION;
<br /> a coot of competent jurisdiction for any reason that the Contractor
<br /> ® vasnot in default,the rights and obligations of the City and the R is the intention of the parties that whenever posatie,d a dspute
<br /> Contracbr shag be the same as if the termination had been®sed or controversy hereundersy arises hereunder aids dispute or controversy
<br /> pursuant to this donarnenL 40 be settled by arbitration in accordance with the prooadures,
<br /> nies and regulations of the American Atharetion Association. The
<br /> 1.37.1 Where the Contractor's services have been so decide)rendered by the Arbioeto shag be final and binding upon
<br /> terminated by the City said termination shall not affect the parties and judgment upon the award rendered by the arbitrator
<br /> any rights of the City against the Contractor then may be entered in any court having jursdiction. Arbitration shall be
<br /> existing or which may thereafter amus. Any retention hdd in Miami-Dade C.o nty,Florida. Al costs of arbitration and
<br /> or payment of moneys by the City due the Contractor attomcys tees incurred by the parties shall be paid by the norm
<br /> will not releasethe Contractor from liability. prevaitug party or,if neither party prevails on the whole,each party
<br /> shag be responsible for a portion of the costs of arbitration and their •
<br /> City of Sunny Isles Beach I Request for Proposal No. 17-11-01 ..`8
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