Reso 2016-2525 - Laserfiche WebLink

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written notice to the Contractor. In such a case, the Contractor shall have no claims against the City except: (1) for the value of Work performed up to the date the Agreement is terminated; and, (2) for the cost of materials and equipment on hand, in transit, or on definite commitment, as of the date this Agreement is terminated, which would be needed in the Work and which meets the requirements of the Contract Documents. The value of the Work performed and the cost of materials and equipment delivered to the site shall be determined by the Engineer of Record or the City's designated representative in accordance with the procedure prescribed in this Agreement for the making of the final application for payment. ARTICLE 8. DISPUTES Disputes pertaining to the requirements of the Contract Documents, including claims, disputes, and other matters relating to the acceptability of the work, and claims involving changes in the Contract Price or Contract Time shall be referred initially in accordance with the dispute resolution procedures outlined in Section 9.8 of the General Conditions of the Contract Documents. ARTICLE 9. GOVERNING LAW, VENUE AND WAIVER OF JURY TRIAL It is agreed that this Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida. In the event it becomes necessary for either party to initiate legal action regarding this Agreement venue shall be in the Eleventh Judicial Circuit in and for Miami Dade County, Florida, for any claims under state law and in the Southern District of Florida,Miami Division, for any claims brought in federal court. If either party utilizes such legal action, including appeals, if necessary, to enforce this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs at the pretrial, trial and appellate levels. Each of the parties hereto hereby knowingly, voluntarily and intentionally, waives the right which any party may have to a jury trial in respect of any action, proceeding, litigation or counterclaim based hereon or arising out of, under, on or in connection with this Agreement or any course of conduct, course of dealing, statements (whether verbal or written) or actions of either of party. ARTICLE 10. WARRANTY AND GUARANTEE The Contractor shall provide Warranty and Guarantee protections to the City for Work performed under this Agreement pursuant to Article 13 of the General Conditions of the Contract Documents and as amended herein. The Contractor shall warrant that all materials and equipment conforms to the Agreement and is free of any patent and/or latent defect of the workmanship for a minimum period of one year from the date all utility and City installed conductor wiring is completely installed and accepted by the City, in addition to all applicable manufacturer warranty periods. The one year correction period described in Section 13.6 of the General Conditions of the Contract Documents shall commence from the date all utility and City installed conductor wiring is completely installed and accepted by the City. This warranty shall be in addition to whatever rights the City may have under applicable law. The Contractor's obligation under this warranty shall be at its own cost and expense, to promptly repair or replace (including cost of removal and installation), that item (or part or component thereof) which proves defective or fails to comply with the Agreement within the warranty period such that it complies with the Agreement. This warranty is not limited by any other provisions within the Contract Documents. Contractor shall provide to the City Manager or 6