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<br />City of Sunny Isles Beach |Request for Qualifications No. 18-02-01 8
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<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.
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<br />1.37.2 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.
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<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.
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<br />1.37.4 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.
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<br />1.38 WAIVER OF JURY TRIAL:
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<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.
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<br />1.39 GOVERNING LAW:
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<br />The Contract shall be construed in accordance with and governed by
<br />the law of the State of Florida.
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<br />1.40 VENUE:
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<br />Venue of any action to enforce the Contract Documents shall be in
<br />Miami-Dade County, Florida.
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<br />1.41 PROJECT RECORDS:
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<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.
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<br />1.42 SEVERABILITY:
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<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.
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<br />1.43 INDEPENDENT FIRM:
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<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.
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<br />1.44 TRUTH-IN-NEGOTIATION CERTIFICATE:
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<br /> In compliance with the CONSULTANT’S Competitive Negotiation
<br /> Act, for any Project to be compensated under the Lump Sum
<br /> method, the CONSULTANT shall certify that wage rates and other
<br /> factual unit costs supporting the compensation are accurate,
<br /> complete, and current at the time of Notice to Proceed.
<br /> The original Project price and any addition thereto will be adjusted
<br /> to exclude any significant sums by which the CITY determines the
<br /> project price was increased due to inaccurate, incomplete or non-
<br /> current wage rates and other factual unit costs. All such price
<br /> adjustments will be made within 1 year following the end of the
<br /> Project.
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<br />1.45 LOBBYING
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<br />All Respondents, their agents and sub- consultants or sub-
<br />contractors, are hereby placed on noticed that neither the City
<br />Commission Members, any Evaluation Committee member,
<br />employees of the City or employees of any other sponsoring agency
<br />shall be lobbied either individually or collectively regarding this
<br />Solicitation. Respondents and their agents, sub-consultants or sub-
<br />contractors are hereby placed on notice that they are prohibited from
<br />contacting any of these individuals for any purpose relating to this
<br />Solicitation. Any Proposal submitted by a Respondent, its agents,
<br />sub-consultants or sub-contractors who violate these guidelines will
<br />not be considered for review. The City Clerk shall be the only point
<br />of contact for questions and/or clarifications concerning this
<br />Solicitation, the selection process and the negotiation and award
<br />procedures.
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<br />1.46 SOLICITATION, GIVING, AND ACCEPTANCE OF GIFTS
<br />POLICY
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<br /> Public officers, employees, local government attorneys, and
<br />candidates are prohibited from soliciting or accepting anything of
<br />value, such as a gift, loan, reward, promise of future employment,
<br />favor, or service that is based on an understanding that their vote,
<br />official action, or judgment would be influenced by such gift. [Sec.
<br />112.313(2), Fla. Stat.]
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<br />End of Section
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