RFQ 17-12-01 Professional Arch Srvcs Interior Remodel Govt Ctr Lobby and Gateway Park Internal Space Build

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City of Sunny Isles Beach |Request for Qualifications No. 17-12-01 8 1.38 WAIVER OF JURY TRIAL: City and Firm knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim based upon the Contract Documents or the performance of the Work there under. 1.39 GOVERNING LAW: The Contract shall be construed in accordance with and governed by the law of the State of Florida. 1.40 VENUE: Venue of any action to enforce the Contract Documents shall be in Miami-Dade County, Florida. 1.41 PROJECT RECORDS: City shall have right to inspect and copy during regular business hours at City’s expense, the books and records and accounts of Firm which relate in any way to the Work, and to any claim for additional compensation made by Firm, and to conduct an audit of the financial and accounting records of Firm which relate to the Work. Firm shall retain and make available to City all such books and records and accounts, financial or otherwise, which relate to the Work and to any claim for a period of three years following final completion of the Work. During the Work and the three-year period following final completion of the Work, Firm shall provide City access to its books and records upon five days written notice. 1.42 SEVERABILITY: If any provision of the Contract or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. 1.43 INDEPENDENT FIRM: The Firm is an independent Consultant under the Contract. Services provided by the Firm shall be by employees of the Firm and subject to supervision by the Firm, and not as officers, employees, or agents of the City. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract shall be those of the Firm. 1.44 TRUTH-IN-NEGOTIATION CERTIFICATE: In compliance with the CONSULTANT’S Competitive Negotiation Act, for any Project to be compensated under the Lump Sum method, the CONSULTANT shall certify that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of Notice to Proceed. The original Project price and any addition thereto will be adjusted to exclude any significant sums by which the CITY determines the project price was increased due to inaccurate, incomplete or non- current wage rates and other factual unit costs. All such price adjustments will be made within 1 year following the end of the Project. End of Section