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<br />any other right or remedy, elect to terminate the
<br />Agreement. In such case, the Contractor shall be
<br />paid for all Work executed and accepted by the City
<br />as of the date of the termination. No payment shall
<br />be made for profit for Work which has not been
<br />performed.
<br />
<br />1.63. Removal of Equipment: In the case of termination
<br />of this Contract before completion for any cause
<br />whatever, the Contractor, if notified to do so by the
<br />City, shall promptly remove any part or all of his
<br />equipment and supplies from the property of the City.
<br />Should the Contractor not remove such equipment
<br />and supplies, the City shall have the right to remove
<br />them at the expense of the Contractor. Equipment
<br />and supplies shall not be construed to include such
<br />items for which the Contractor has been paid in
<br />whole or in part.
<br />
<br />1.64. Miscellaneous: Proposers acknowledges the
<br />following miscellaneous conditions:
<br />
<br />1.64.1. Whenever any provision of the Contract Documents
<br />requires the giving of written notice it shall be
<br />deemed to have been validly given if delivered in
<br />person to the individual or to a member of the firm or
<br />to an officer of the corporation for whom it is
<br />intended, or if delivered at or sent by registered or
<br />certified mail, postage prepaid, to the last business
<br />address known to them who gives the notice.
<br />
<br />1.64.2. The Contract Documents shall remain the property of
<br />the City. The Contractor shall have the right to keep
<br />one record set of the Contract Documents upon
<br />completion of the Project.
<br />
<br />1.64.3. 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,
<br />the warranties, guarantees and obligations imposed
<br />upon Contractor and those in the Special Conditions
<br />and the rights and remedies available to the City,
<br />shall be in addition to, and shall not be construed in
<br />any way as a limitation of, any rights and
<br />remedies available by law, by special guarantee or by
<br />other provisions of the Contract Documents.
<br />
<br />1.64.4. Should the City or the Contractor suffer injury or
<br />damage to its person or property because of any
<br />error, omission, or act of the other or of any of their
<br />employees or agents or others for whose acts they
<br />are legally liable, claim shall be made in writing to the
<br />other party within a reasonable time of the first
<br />observance of such in jury or damage.
<br />
<br />1.65. Waiver of Jury Trial: City and Contractor
<br />knowingly, irrevocably voluntarily and intentionally
<br />waive any right either may have to a trial by jury in
<br />State or Federal Court proceedings in respect to any
<br />action, proceeding, lawsuit or counterclaim based
<br />upon the Contract Documents or the performance of
<br />the Work thereunder.
<br />
<br />1.65.1. Governing Law: The Contract shall be construed in
<br />accordance with and governed by the law of the
<br />State of Florida.
<br />
<br />1.65.2. Venue: Venue of any action to enforce the Contract
<br />Documents shall be in Miami-Dade County, Florida.
<br />
<br />1.65.3. Arbitration: It is the intention of the parties that
<br />whenever possible, if a dispute or controversy arises
<br />hereunder then such dispute or controversy shall be
<br />settled by arbitration in accordance with the
<br />procedures, rules and regulations of the American
<br />Arbitration Association. The decision rendered by the
<br />Arbitrator shall be final and binding upon the parties
<br />and judgment upon the award rendered by the
<br />arbitrator may be entered in any court having
<br />jurisdiction. Arbitration shall be held in Miami-Dade
<br />County, Florida. All costs of arbitration and attorneys'
<br />fees incurred by the parties shall be paid by the non-
<br />prevailing party or, if neither party prevails on the
<br />whole, each party shall be responsible for a portion of
<br />the costs of arbitration and their respective attorneys'
<br />fees as may be determined by the court on
<br />confirmation.
<br />
<br />1.66. Project Records: City shall have right to inspect
<br />and copy during regular business hours at City's
<br />expense, the books and records and accounts of
<br />Contractor which relate in any way to the Project, and
<br />to any claim for additional compensation made by
<br />Contractor, and to conduct an audit of the financial
<br />and accounting records of Contractor which relate to
<br />the Project. Contractor shall retain and make
<br />available to City all such books and records and
<br />accounts, financial or otherwise, which relate to the
<br />Project and to any claim for a period of three years
<br />following final completion of the Project. During the
<br />Project and the three year period following final
<br />completion of the Project, Contractor shall proVide
<br />City access to its books and records upon five days
<br />written notice.
<br />
<br />1.67. Severability: If any provision of the Contract or the
<br />application thereof to any person or situation shall to
<br />any extent, be held invalid or unenforceable, the
<br />remainder of the Contract, and the application of
<br />such provisions to persons or situations other than
<br />those as to which it shall have been held invalid or
<br />unenforceable shall not be affected thereby, and shall
<br />continue in full force and effect, and be enforced to
<br />the fullest extent permitted by law.
<br />
<br />1.68. Independent Contractor: The Contractor is an
<br />independent Contractor under the Contract. Services
<br />provided by the Contractor shall be by employees of
<br />the Contractor and subject to supervision by the
<br />Contractor, and not as officers, employees, or agents
<br />of the City. Personnel policies, tax responsibilities,
<br />social security and health insurance, employee
<br />benefits, purchasing policies and other similar
<br />administrative procedures, applicable to services
<br />rendered under the Contract shall be those of the
<br />Contractor.
<br />
<br />END OF SECTION
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<br />PAGE 16 OF 105
<br />PROPOSAL No.
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