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bid form, bid bond, surety payment bond and performance bond, Special Conditions, and
<br />Contractor's response to the RFQ. The requirements of the Contract Documents, as such
<br />term is defined herein, are hereby incorporated by reference as if fully set forth herein.
<br />This Contract is part of, and incorporated in, the Contract Documents. Accordingly, all of
<br />the documents incorporated by the Contract Documents shall govern any Contractor
<br />Service Order issued under this Contract.
<br />B. The term "Work" as used herein shall mean all labor, materials, equipment, supplies,
<br />tools, machinery, utilities, fabrication, transportation, insurance, bonds, permits and
<br />conditions thereof, building code changes and government approvals, licenses, tests,
<br />quality assurance and/or quality control inspections and related certifications, surveys,
<br />studies, and other items, work and services that are necessary or appropriate for the total
<br />demolition Project specified in any Contractor Service Order, together with all additional,
<br />collateral and incidental items, and work and services required for delivery of a completed,
<br />fully functional and functioning Project as set forth in the Contract Documents.
<br />4.2 Where there is a conflict between any provision set forth within the Contract Documents
<br />and a more stringent provision elsewhere in the Contract Documents or under any
<br />applicable law, regulation, statute or code requirement which is applicable to this Project,
<br />the more stringent provision shall prevail and govern the performance of the Work.
<br />4.3 Public Entity Crimes
<br />In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or
<br />affiliate who is a contractor, consultant or other provider, who has been placed on the
<br />convicted vendor list following a conviction for a public entity crime may not submit a bid
<br />on a contract to provide any goods or services to the City, may not submit a bid on a
<br />contract with the City for the construction or repair of a public building or public work, may
<br />not submit bids on leases of real property to the City, may not be awarded or perform work
<br />as a contractor, supplier, subcontractor, or consultant under a contract with the City, and
<br />may not transact any business with the City in excess of the threshold amount provided
<br />in Section 287.017, Florida Statutes, for category two purchases for a period of 36 months
<br />from the date of being placed on the convicted vendor list. Violation of this section by
<br />Contractor shall result in cancellation of the City purchase and may result in Contractor
<br />.debarment.
<br />4.4 Independent Contractor
<br />Contractor is an independent contractor under this Contract. Services provided by
<br />Contractor pursuant to this Contract shall be subject to the supervision of Contractor. In
<br />providing such services, neither Contractor nor its agents shall act as officers, employees,
<br />or agents of the City. This Contract shall not constitute or make the parties a partnership
<br />or joint venture.
<br />4.5 Third Party Beneficiaries
<br />Neither Contractor nor City intends to directly or substantially benefit a third party by this
<br />Contract. Therefore, the parties agree that there are no third party beneficiaries to this
<br />Contract and that no third party shall be entitled to assert a claim against either of them
<br />based upon this Contract. The parties expressly acknowledge that it is not their intent to
<br />create any rights or obligations in any third person or entity under this Contract.
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