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<br />City of Sunny Isles Beach |Request for Qualifications No. 16-12-01 8 <br /> <br />City as of the effective date of the termination. No <br />payment shall be made for lost profit or any other <br />consequential damages for Work that has not been <br />performed regardless of whether Firm is terminated <br />with or without cause. <br /> <br />1.38 MISCELLANEOUS: <br /> <br />Firm acknowledge the following miscellaneous conditions: <br /> <br />1.38.1 Whenever any provision of the Contract Documents <br />requires the giving of written notice it shall be deemed <br />to have been validly given if delivered in person to the <br />individual or to a member of the firm or to an officer of <br />the corporation for whom it is intended, or if delivered <br />at or sent by registered or certified mail, postage <br />prepaid, to the last business address known to them <br />who gives the notice. <br /> <br />1.38.2 The Contract Documents shall remain the property of <br />the City. The Firm shall have the right to keep one <br />record set of the Contract Documents upon completion <br />of the Project. <br /> <br />1.38.3 The duties and obligations imposed by these General <br />Conditions, Special Conditions and Supplemental <br />Conditions and the rights and remedies available <br />hereunder, and, in particular but without limitation, the <br />warranties, guarantees and obligations imposed upon <br />Firm and those in the Special Conditions and the rights <br />and remedies available to the City, shall be in addition <br />to, and shall not be construed in any way as a limitation <br />of, any rights and remedies available by law, by special <br />guarantee or by other provisions of the Contract <br />Documents. <br /> <br />1.38.4 Should the City or the Firm suffer injury or damage to <br />its person or property because of any error, omission, <br />or act of the other or of any of their employees or <br />agents or others for whose acts they are legally liable, <br />claim shall be made in writing to the other party within <br />a reasonable time of the first observance of such injury <br />or damage. <br /> <br />1.39 WAIVER OF JURY TRIAL: <br /> <br />City and Firm knowingly, irrevocably voluntarily and intentionally <br />waive any right either may have to a trial by jury in State or Federal <br />Court proceedings in respect to any action, proceeding, lawsuit or <br />counterclaim based upon the Contract Documents or the <br />performance of the Work there under. <br /> <br />1.40 GOVERNING LAW: <br /> <br />The Contract shall be construed in accordance with and governed by <br />the law of the State of Florida. <br /> <br />1.41 VENUE: <br /> <br />Venue of any action to enforce the Contract Documents shall be in <br />Miami-Dade County, Florida. <br /> <br /> <br />1.42 PROJECT RECORDS: <br /> <br />City shall have right to inspect and copy during regular business <br />hours at City’s expense, the books and records and accounts of Firm <br />which relate in any way to the Work, and to any claim for additional <br />compensation made by Firm, and to conduct an audit of the financial <br />and accounting records of Firm which relate to the Work. Firm shall <br />retain and make available to City all such books and records and <br />accounts, financial or otherwise, which relate to the Work and to any <br />claim for a period of three years following final completion of the <br />Work. During the Work and the three-year period following final <br />completion of the Work, Firm shall provide City access to its books <br />and records upon five days written notice. <br /> <br />1.43 SEVERABILITY: <br /> <br />If any provision of the Contract or the application thereof to any <br />person or situation shall to any extent, be held invalid or <br />unenforceable, the remainder of the Contract, and the application of <br />such provisions to persons or situations other than those as to which <br />it shall have been held invalid or unenforceable shall not be affected <br />thereby, and shall continue in full force and effect, and be enforced <br />to the fullest extent permitted by law. <br /> <br />1.44 INDEPENDENT FIRM: <br /> <br />The Firm is an independent contractor under the Contract. Services <br />provided by the Firm shall be by employees of the Firm and subject <br />to supervision by the Firm, and not as officers, employees, or agents <br />of the City. Personnel policies, tax responsibilities, social security <br />and health insurance, employee benefits, purchasing policies and <br />other similar administrative procedures, applicable to services <br />rendered under the Contract shall be those of the Firm. <br /> <br /> <br />End of Section <br />